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TERMS AND CONDITIONS
2. The Website - use, content and access
Items purchased via FHD are for delivery within Australia only. FHD acts as a platform for certain goods to be sold and bought. FHD has no control over the quality, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to provide items advertised or the ability of buyers to pay for items. While FHD endeavours to take reasonable care in preparing and maintaining the information on this Website, FHD does not review content or information provided by sellers for display on the Website and therefore does not warrant the accuracy, reliability, adequacy or completeness of any of the Website content.
The Website content is subject to change at any time without notice and may not necessarily be up to date. FHD does not guarantee that access to the Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the Website or any data on such a computer.
Any material you send to FHD on or via the Website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. FHD and the Website will be entitled to use such material for any purpose without providing notice or compensation to you.
FHD cannot guarantee that a buyer or seller will actually complete a transaction.
3. Personal information.
As part of a transaction, the seller may obtain personal information, including email address and shipping information, from the buyer. Personal information obtained through an FHD transaction shall only be used for the purpose of completing that transaction or for FHD related communications. The information gained through the FHD transaction does not entitle the seller to independently contact the buyer in the future (and the seller must not include its own (unrelated to FHD) promotional material to the customer, inside the delivered goods or otherwise). FHD may, in its sole discretion, refuse to continue providing preferential rates to sellers who do not comply with this clause and/or may terminate their use of the Website in accordance with clause 8 below.
4. User Eligibility
Both buyers and sellers must be at least 18 years of age, and able to form legally binding contracts under applicable law, or be under the supervision of a parent or guardian who is at least 18 years of age in order to be eligible to use the Website. By using this Website you represent and warrant that you are at least 18 years of age and that all registration information you submit is accurate and truthful. FHD may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time.
5. Account Security
It is your responsibility to keep your password secure. You will be liable for, and indemnify FHD for any loss or damage resulting from your failure to maintain password confidentiality. You agree to immediately notify FHD of any unauthorised use of your password or any breach of security. It is your responsibility to keep your account information up-to-date and accurate at all times.
6. External Websites and Links
FHD is not responsible for the content or availability of outside websites or resources linked to or referenced on the Website. FHD does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that FHD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
7. Dispute Resolution and Queries
If a dispute arises between a buyer and seller, you - not FHD - are responsible for enforcing any rights that you may have against the other party in relation to the transaction. Buyers should refer to the seller’s store policy for information on dispute resolution with individual sellers.
Any dispute arising in connection with this Website which cannot be settled by negotiation between the parties or their representatives shall be submitted to arbitration in accordance with the laws of arbitration of Victoria. For website support please contact us at email@example.com; however, in the event of an order query, please contact the seller directly.
8.1 Termination for breach. Without limiting any other remedies, FHD may, without notice, and without refunding any fees, remove your content, issue a warning, temporarily or indefinitely suspend your account and privileges, terminate a user's account, prohibit access to the Website, take technical and legal steps to prevent use of the Website and/or refuse to provide services if any of the following apply:
- FHD is unable to verify or authenticate any of your personal information or content;
- you have engaged in improper or fraudulent activity in connection with FHD; or
- your actions may cause legal liability or financial loss to FHD's users or to FHD.
8. 2 Termination without breach.
Without limiting any other remedies, FHD may at its sole discretion, without notice, and without refunding any fees, remove your content, issue a warning, temporarily or indefinitely suspend your account and privileges, terminate your account, prohibit access to the Website, take technical and legal steps to prevent use of the Website and/or refuse to provide services.
9. Limitation of liability
To the maximum extent permitted by law FHD excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Website, the content or the use or performance of the Website.
You agree to indemnify FHD and its officers, agents and employees in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to:
- your use of the Website or any content you submit through the Website;
- your breach of any applicable law.
10. Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and any FHD service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Website.
12. FHD Service
14. FHD Gift Voucher
These terms and conditions apply to the purchase and use of all gift vouchers (“gift vouchers”) purchased on or through www.farmhousedirect.com.au (the “Website”).
References to “we, us, our” in these terms and conditions are to Australian Postal Corporation, as indicated on the gift voucher. The gift vouchers are issued by us. Purchasing or using the gift voucher means that you accept the terms and conditions of this agreement. If you let another person use your gift voucher, it is your obligation to tell them that they will be bound by these terms and conditions.
Victorian law applies to this agreement. By purchasing a gift voucher you agree to the following terms and conditions and you enter into this agreement with us, and you unconditionally submit to the jurisdiction of the courts of Victoria.
- After the purchase price has been paid, an email will be sent to your nominated email address with a PDF of the voucher attached.
- It is the responsibility of the purchaser to ensure that the recipient’s email address is entered correctly. We cannot be responsible for the incorrect delivery of gift vouchers due to an error by the purchaser or where they cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.
- The gift voucher must be used before the expiry date that appears on it. Any unused value will be lost after the expiry date and cannot be refunded or exchanged for cash.
- Anyone holding the gift voucher can use its value to make purchases. The gift voucher should be kept secure and treated as you would treat cash.
- We shall not be responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission or otherwise inconsistently with any of these terms.
- Gift vouchers can be redeemed only on farmhousedirect.com.au towards the purchase of products currently featured on the site including postage. Gift vouchers cannot be redeemed on the individual websites of any producers or suppliers on the Website.
- Gift vouchers cannot be redeemed for cash, cannot be reloaded, returned for a refund, have their balance consolidated to a new gift voucher, or be replaced after expired. We may at our sole discretion elect to cancel a gift card or block such a transaction if you attempt to use it in any way not authorised by this Agreement.
- Gift vouchers cannot be used to purchase other gift vouchers.
- When redeeming gift vouchers the unique voucher code stated on the gift voucher will need to be entered at the checkout.
- The voucher code can be used for multiple transactions until the value of the gift voucher is exhausted or the expiry date is reached. A transaction can consist of orders from different producers in one shopping basket.
- If the goods purchased exceed the amount of the gift voucher, the balance must be paid through the payment gateway using a PayPal account or credit card in order to complete the purchase.
- Any other standard terms and conditions on our website or otherwise brought to your attention apply regarding the purchase of goods made using a gift voucher.
- If you have a query about the gift voucher please raise it by contacting our support team online through the email address at Support@farmhousedirect.com.au.
- All products sold through the Website are supplied by third parties. We are not liable for the availability, quality or fitness for purpose of any goods or services purchased with the gift voucher. Any dispute about goods or services purchased with the gift voucher must be resolved with the supplier of the goods or service. Except for rights that cannot be excluded, any conditions or warranties implied or imposed by legislation or otherwise are excluded from these conditions of use.
IMPORTANT: EXPIRY DATE – EACH VOUCHER WILL HAVE AN EXPIRY DATE PRINTED ON THE FRONT.
Gift vouchers are valid for 12 months from the date the gift voucher is purchased through the farmhouse direct website. After the gift voucher has expired, it is no longer valid. Transactions processed using an expired gift voucher will be declined and any unused value will not be refunded.
1. Eligibility to Sell
In order to sell items on the Website you must be a registered business within Australia and adhere to all relevant laws (including health and safety laws and regulations) and provide and maintain valid payment information on the Website. You must not transfer or sell your FHD account or user ID to another party.
2. Sellers display of information on the Website
You guarantee that the materials you display on the Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, names, logos and trademarks:
- Are not false, misleading or inaccurate, or otherwise in contravention of the Competition and Consumer Act (Cth) 2010;
- Are not fraudulent and do not involve the sale of illegal, counterfeit or stolen goods;
- Do not infringe upon any third-party's intellectual property rights;
- Do not contain items that are prohibited and/or dangerous to be lodged for carriage through the postal system. Please see the Dangerous & Prohibited Goods & Packaging Guide for more information. For the avoidance of doubt, such prohibited contents include alcohol where possession or carriage of alcohol by post is prohibited by a law of the Commonwealth, a State or Territory;
- Are not defamatory or offensive;
- Do not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information ; and
- Will not modify, adapt or hack this Website.
3. Sale of alcohol
When listing wine or other alcoholic beverages on the Website, sellers need to be aware that:
- selling wine or alcohol on the Website requires a license;
- you must place your license number next to the listing; and
- alcohol and wine may only be traded within Australia.
Individual States have different laws regarding trading wine and alcohol. It is the buyer’s and seller’s responsibility to be familiar with and comply with each State's laws and if (and where) you are allowed to sell alcohol and wine.
4. Intellectual property
FHD does not claim ownership rights in the content you place on the Website. You grant FHD a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, license to exercise the copyright, publicity, and database rights you have in the content. You agree to allow FHD to store, display and re-format your content on the Website, in media publications, in marketing material and on other sites, in any way as FHD chooses. You warrant that you are the author of the content for the purposes of the Copyright Act 1968 (Cth). You agree that FHD may use and display your content without attribution of authorship and bearing the name of Australia Post or FHD, even if that would, apart from these terms, infringe your moral rights. You agree, to the extent permitted by law, not to enforce any claim for a breach of your moral right of integrity of authorship under the Copyright Act 1968 (Cth) that you may otherwise have as a result of any act or omission of FHD in respect of the content.
5. Fees and Services
Joining and setting up a shop as a seller on FHD is free. However FHD receives a percentage of the sale price when items sell (“Fees”). Changes to the Fees are subject to change and are effective after FHD provides you with at least fourteen (14) days' notice by posting the changes on the Website. FHD may, at FHD’s sole discretion, change some or all of FHD's services at any time. In the event FHD introduces a new service, the fees for that service are effective at the launch of the service. You are responsible for paying all fees and applicable taxes associated with using FHD. Unless otherwise stated, all fees are quoted in Australian Dollars (AUD).
If FHD terminates a listing or your account, if you close your account, or if the payment of your FHD Fees cannot be completed for any reason, you remain obligated to pay FHD for all unpaid Fees plus any interest, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal action). If you have a question or wish to dispute a charge contact FHD at firstname.lastname@example.org
FHD will send you communications regarding your transactions and your account via the Website. These communications do not represent any endorsement, guarantee or legitimisation of your transaction. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations).
6. Listing and Selling products on the Website
All sales are binding. The seller is obligated to send the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, including but not limited to for example if the buyer fails to meet the terms of the seller’s store policy.
By posting content on the Website, it is possible for an outside website or a third party to re-post that content. You agree to hold FHD harmless for any dispute concerning such use. If you choose to display your own FHD hosted image on another website, the image must provide a link back to its listing page on FHD.
You shall not include a link to your own (or any third party’s) website or contact email address on the FHD website and you shall ensure that any and all correspondence sent to a buyer must not include reference to your own website, email address or other promotion of your own services outside of FHD. You may not contact the buyer by email or any other means for any reason other than to discuss the processing and progress of the FHD transaction.