Terms & Conditions
Welcome to Purposeful Produce and our Terms of Service. These Terms and Conditions are very important and will affect your legal rights when using our service. Please read carefully before subscribing to one of our Services. Know that you agree to be bound by these Terms and Conditions. Purposeful Produce reserves the right to change or modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the end of these Terms. We, therefore, recommend that each time you access the Site you read these Terms and Conditions and policies. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any Products from the Site.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
1. INFORMATION ABOUT US
1.1 We operate the Site located at www.purposefulproduce.com.au. We are a Produce Delivery eCommerce store operating in South Australia (ABN 21 219 078 907) trading as Purposeful Produce.
2. SERVICE AVAILABILITY
2.1 The Site is only intended for use by people residing in nominated areas of South Australia. We do not accept orders from individuals outside those service areas.
3. YOUR STATUS
3.1 By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you are a resident in one of the Service Areas
3.2 Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
4. SUBSCRIPTION AGREEMENT
4.1 After completing the order process, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that an order has been accepted. All orders must be accepted by us and confirmed. Based on your delivery area, your order will be accepted and receive confirmation.
4.2 Purposeful Produce offers weekly recurring orders. By submitting a weekly recurring order you are agreeing to recurring charges. Purposeful Produce will submit periodic weekly charges without further authorisation from you until provided with information to do otherwise (E.G. Cancellation). This cancellation must occur before the produce for your box that week is ordered.
4.3 There is no auto-renewal with Purposeful Produce. Customers are allowed to cancel their subscription with no termination fee. However, if the cancellation is not before your order cutoff then you will be charged for the next box that is delivered.
4.4 When submitting a recurring subscription you are agreeing to pay weekly until your account is cancelled.
4.5 In order to deactivate your account or cancel your subscription, you can email firstname.lastname@example.org to inform us that you would like to cancel your account. There is also an option to go into your own account and delete all orders as well.
4.6 You assume responsibility for providing proper handling and storage of your fruits, vegetables and add-ons, including perishables.
4.7 By registering for our service, you agree to opt-in to receive text, emails, and/or calls from Purposeful Produce at any time. To opt-out of emails, texts, or calls, you must send an email to email@example.com.
5.1 We only deliver to addresses within the Service Areas in South Australia.
5.2 There is a small delivery fee that is included in the weekly subscription fee at checkout.
5.3 If an event occurs that is beyond our control, then we may not be able to deliver on the expected date. Purposeful Produce will not be liable to you or any other person for any such delay. In this instance, we will provide you with notice of the delay as soon as reasonably possible.
5.4 We will deliver the Products to the front door of your nominated delivery address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
5.5 We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
5.6 If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will comply with these instructions to the extent reasonably within our control.
5.7 You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.
5.8 You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason.
6.1 Purposeful Produce offers an all fruit, all vegetable, mixed and office box. All sizes and prices are quoted on our Site. If there are any changes we will notify via email. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may deactivate the Services before Products are delivered under the new pricing plan.
6.2 Purposeful Produce has a delivery fee of $3.95 for all orders to cover expenses.
6.3 We reserve the right to change the prices of our products and delivery charges. These changes will not affect orders until we have notified all customers.
6.4 The produce boxes listed on our site will be sold 20 to 30% below market value most weeks. There is no guarantee with this offer due to unctontrollable circumstances. However, over the duration of a year, a customer would most likely have received produce 20 to 30% cheaper than maket value.
7.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
7.2 Orders will be charged to your nominated payment method.
- It is your responsibility to ensure your accepted payment method details are valid and up to date.
- It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
7.2 Storage of Collected Information.
- Purposeful Produce does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. These third-parties are secured payment gateways.
- Complete debit/credit card details cannot be viewed by Purposeful produce or any outside party.
7.3 Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes. If we are unable to debit your payment method your Product may still be dispatched and the sale will be deemed to have occurred. In such instances, Purposeful Produce will re-attempt the payment process. We reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts. In the event that payment re-attempts are unsuccessful, we reserve the right to recover the debt through alternative means, either directly or through a third-party. We reserve the right to suspend or terminate future deliveries when payments are outstanding.
7.4 If you fail to settle outstanding amounts within ten days of the order cut-off date a late payment fee may apply.
7.5 We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred. We reserve the right to terminate your order or accounts following this investigation.
8. ACCEPTANCE OR REJECTION OF AN ORDER
8.1 We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an Order.
8.2 If we reject an Order, we will notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.
8.3 If we refuse an Order on or prior to delivery but after our relevant weekly order cut-off, a full refund, less any discounts, will be made within 10 Business Days.
9. Refund Policy
9.1 If a product is not quality enough from us and refused by you:
- For all items that are not considered of quality to you, you need to take a picture of that item and send it to firstname.lastname@example.org
- If all or part of a Product is defective we will credit or refund you an amount equivalent to the value of the Defective Item towards a future purchase.
9.2 The refund policy does not apply to Products which by their nature are not suitable for return or spoil quickly. This is especially true for perishable foods, such as those provided by us.
9.3 Refunds will be processed to the same credit or debit card being used on the account.
9.4 If you seek a refund for any other reason, you can request a refund by email email@example.com and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
9.5 Refunds will not be provided for if you enter an address incorrectly.
10. CHANGE OF DETAILS
10.1 Changes to address details and/or delivery instructions must be communicated via email firstname.lastname@example.org and before the day of your expected delivery.
10.2 We are not liable for any charges you incur as a result of out of date payment information.
11. REFERRAL CODES AND DISCOUNTS
11.1 We currently offer social media promotional discounts, friend referral discounts, and other types of vouchers. The same terms and conditions apply to new customers who receive the gift cards or other various discounts.
11.2 Social Media and Friend Referral discounts will be tracked by us and discounts will be applied by us.
11.3 We reserve the right to withdraw or deactivate any discount for any reason at any time.
11.4 From time to time, Purposeful Produce offers its clients special offers and discount codes to be used with this website. We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. If you successfully circumvent the software safeguards of this website in order to receive several free products or codes with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety.
12.1 Purposeful Produce products include perishable items and to maintain the integrity of the products after delivery, we recommend that you immediately refrigerate or freeze these perishable items.
12.2 The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.
13.1 We merit that any produce boxes purchased from us, upon delivery will match its description. It will be of acceptable quality and be fit for all the purposes for which the product should be. If the Products purchased from us are not of acceptable quality please see Section 9 for our Refund Policy.
14. Events outside of our Control
14.1 We, Purposeful Produce, will not be liable for any failure to perform, or postponement, any of our obligations under a Contract that is caused by events we cannot control (Force Majeure Event). Events that are beyond our reasonable control that include the following:
- Impossibility to use proper roads and streets to deliver the product.
- Hurricanes, earthquakes, floods, explosions, fires, epidemics or any other natural disasters.
- Strikes, riots, invasion, attack, or threat and any other industrial/threatening action that prohibits us.
- Unavailability of produce to source from suppliers
15. DISCLAIMER AND LIMITATION OF LIABILITY
15.1 The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits.
15.2 You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only. You also acknowledge that the Products you receive may vary from those displayed according to seasonal availability.
15.3 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
15.4 If there is a failure to comply on our end we will be only liable for you, at most, the purchased price of the Product.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
16.2 If you post comments on the Products or Services to any website, blog or social media network you must ensure that doing so represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your words on the Site and in any advertising or social media outlets which we may create or contribute to. Purposeful Produce reserves the right to remove any harming content at our sole discretion.
17.2 We may use your contact information to send you newsletters from us and from our related companies.
18. Our Right to Change Terms and Conditions
18.1 We reserve the right to modify and alter these terms and conditions.
18.2 We may alter these terms and conditions from time to time to manage the changes that occur in our business model due to changes in the market, technology, regulatory requirements, and relevant laws.