The following terms and conditions (Terms) together with our privacy policy are the complete terms of a legal agreement between you and Fruitco Pty Ltd ABN 35 677 793 467 (“Fruitco”, “we”, “our” or “us”) in relation to your access and use of this Fruitco Site at www.fruitco.com.au (Site). The Site is owned and operated by Fruitco. You will pay Fruitco on the Site for your order and Fruitco will issue you a receipt, which will include details of your purchase. 

Please read these Terms before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

Your agreement to these Terms

By accessing, browsing or using this Site, including completing your registration through the Site and placing an order for products through the Site, you agree that you are subject to, and you must comply with these Terms. If you do not agree to these Terms, do not use this Site.

Fruitco may vary these Terms from time to time by posting the varied version on this Site and the changes will be effective when posted. If you are a registered user of the Site, we’ll give you reasonable notice via your registered email address of any material changes to these terms which we consider (in our reasonable opinion) might detrimentally impact you. For future orders, these terms may therefore be different. You should review any such emails, and any varied Terms posted on the Site regularly to keep up to date with any variations. By continuing to use this Site, you accept the Terms current at the time you access and use it. To avoid doubt, where you place an order that is accepted by us, the terms and conditions that apply to that order are those that applied at the time you placed the order.

Registration and use of your account

You must complete the customer registration process through the Site before placing an order.

You must provide correct information in your registration. If your information changes after your registration, before placing any further orders you must update your account details either on the Site, or by contacting us by email at sales@fruitco.com.au.

You are solely responsible for the use of your account and for use by persons who access your account with your permission or by your failure to safeguard your login and password details, including for any other person who uses your login and password details to order products through the Site. You agree to notify us immediately if you become aware that your login and password details may have been compromised or if you believe any unauthorised person has accessed your account.

Placing an order

You may order products from our store by selecting and submitting your order through the Site in accordance with these Terms.

Any order placed through this Site for a product constitutes an offer by you to purchase the product to be supplied by our store, for the price displayed on the Site (which may be approximate for certain items such as fresh produce if based on weight or other measurement of quantity for unpackaged products), at the time you place the order, and your agreement to also pay any delivery fees, pick and pack fees and bag fees where applicable, as indicated at your order checkout on the Site.

Your order may be accepted or rejected (in whole or in part) for any reason, including if our store cannot fulfil the order for any reason, if the requested products are not available, if there is an error in the price or the product description posted on the Site or if there is an error in your order.

If we reject an order placed through the Site (in whole or in part), we will endeavour to notify you of that rejection at the time you place your order or within a reasonable time after you place your order.

Minimum order 

A minimum total order value may apply to orders placed on the Site. If a minimum order value applies at the time you place an order it will be displayed on the Site and will exclude any pick and pack and delivery fees.

Maximum order 

We may limit the number of items of all products you can order on the Site. If a limit on the number of items you can order applies at the time you place an order it will be displayed on the Site.

We may limit the number of any one product you can order on the Site. If a limit on the number of any one product applies at the time you place an order it will be displayed on the Site.

Out of stocks and substitutions

If a product that you order is out of stock or temporarily unavailable at our store, and you have indicated on the Site that substitutions are acceptable, the Store may in its discretion provide you with a substitute product. If the Store supplies a substitute product that is a different price to the original product in your order, you will be charged the lower of the two prices.

If you do not want substitute product for any reason, please select "No Substitutions" during checkout.

As substitutions by the Store are discretionary, we cannot guarantee that a substitution will be available or, if available, will be supplied.

Price of goods

The price shown for each product on the Site is the purchase price offered by us at the time you place your order. The prices on the Site may change at any time and we do not provide any notice of these changes. If the purchase price of a product changes between the time it is added to your cart and the time the order is placed, the price of the product in your cart will be updated to reflect the current price. The final purchase price of each product in your order (other than weight ranged items) will be the price shown in your cart at the time you place your order.

For weight ranged products (which may include fruit, vegetables, meat, deli, etc.) the price per kilogram (or other measurement unit) will be as shown in your cart at the time you place your order. For such items, the price at the checkout is an estimated price based on the amount you ordered. The Store will endeavour to pick as close as practicable to the amount you ordered, but the actual amount picked and charged for may be higher or lower based on factors such as variability of unit size. 

Fruitco reserves the right to amend any pricing errors caused by human error, system error or other reasons. If such an error results in an increase in the price of your order, we will either attempt to contact you to confirm you wish to proceed with your order at the amended price or cancel your order.

Images of goods

Fruitco does not take any responsibility for the accuracy of any product images. Images are correct at time of publishing and subject to change by a supplier without our knowledge.  All ingredients and allergens should be checked on the product packaging when delivered before consumption.

Specials

Fruitco offers a range of specials. Where specials are offered on the Site, the discounted price will only be applied to your order if the order is placed during the special offer period. The start and end dates of special offers will be published on the Site. If specials are added to your cart before the end date, but your order is not placed until after this end date, or if your order is modified after the end date, the special may no longer be available and the purchase price shown when the order is placed or modified will reflect this.

Modifying your order

You can modify your order at any time after it is placed on the Site up to the time when the Store begins to process your order. At this point, the order status on the order details page will change from “Placed” to “Processing” and modifications will not be allowed. If you modify your order before it is processed, the purchase price of products and any specials applicable to the products in your order may be updated to reflect any changes to the pricing and specials on the Site at the time your order is modified.

Cost of reusable bags

In addition to the purchase price of products in your order, you will be charged a fee for reusable plastic or other bags used for your order. The cost per bag will be published on the Site and the cost for the number of bags used to pack your order will be added to your order after it has been picked and packed.

GST

All fees and charges identified in these Terms and all prices for products offered on the Site include GST where applicable. A tax invoice will be issued to you when your purchase is complete.

Payment

You must choose one of the available payment methods published on the Site at the time you place your order.

If your selected payment method cannot be processed, we will notify you and we may cancel your order.

For some payment methods (including debit and credit cards) we may pre-authorise the estimated amount payable for your order and charge you the full amount (decreased or increased to account for any out-of-stock items, the actual weight of weight ranged products supplied and the number of bags used) at the time we pick your order. You authorise Fruitco to pre-authorise the estimated amount that is payable for an accepted order, as shown at the checkout for your order on the Site, from your nominated debit or credit card. If we are unable to successfully process the pre-authorisation of payment for your order, your order will be cancelled.

For other payment methods we may not be able to pre-authorise payment, and we may charge you the estimated full amount at the checkout and refund you for any out-of-stock items or weight ranged products supplied below the maximum weight at the time we pick your order.

If we have taken payment for any order that we later reject or cancel in whole or in part, we will issue you a refund for the part rejected or cancelled.

Delivery

Fruitco will only deliver products ordered through the Site to a location where we provide delivery services. When you place your order, you will be able to select from the delivery options available at that time for your nominated address. The cost of these options may vary between Suburbs and may change from time to time.

Your chosen option will not be secured until your order is placed. You will be charged for the option selected at the price shown at the time you place your order (unless you later modify your order, and the price of that delivery option has changed in which case you will be charged the updated price when submitting your modified order).

The Store, itself or via its third-party delivery partner (Delivering Party), will endeavour to deliver your order within the timeframe indicated at the time your order is placed. However, delivery times are not guaranteed – times are estimated only, and deliveries may be delayed.

You, or a person representing you, must be present to accept the delivery of your order during the time selected for delivery. The Delivering Party will not leave a delivery unattended for any reason unless you provide instructions to “Leave Unattended” at checkout. Any instructions to leave unattended are done so at the sole responsibility of the customer, Fruitco takes no responsibility for any loss or damage to any order once it has been left unattended. 

The person accepting the order must be able to provide proof of identity, and where relevant this must include proof of age (for example where an order includes Restricted Products).

If the order was paid for by credit card, the Delivering Party may also ask you to present the credit card used to place the order to match your name on the card to the order. The Delivering Party may, in its total discretion, provide a contactless delivery service as follows: the Delivering Party will deliver your order to the front door of the delivery address provided, take a photo of the order as proof of delivery and attempt to contact you to collect your order.

You or a person representing you must be present at the delivery address to accept the delivery and come out upon being contacted. You will not be required to provide a signature on delivery. You agree that Fruitco will not be responsible for any loss or damage to the products in your order after the delivery has been made.

If the Delivering Party reasonably believes that the delivery address provided is not safe for any reason or that your order is likely to be stolen or damaged, the Delivering Party may refuse to deliver your order. If there is no-one available (including where required a person over the age of 18) at the delivery address to accept your order during the time frame you selected, or if the Delivering Party cannot access the delivery address, your order will not be delivered. If delivery cannot be made in these circumstances, we reserve the right to charge a cancellation fee of up to $20 and to charge for the price of any perishable products in your order.

Free Delivery:

Free delivery offers are limited time offers which may be withdrawn at any time for any one or more reasons. A minimum order value may be required to qualify for free delivery. Availability and delivery pricing can be viewed at fruitco.com.au when reserving a delivery slot. 

Order cancellation

You may cancel your order at any time up to the point when the Store begins to process your order. At this point, the order status on the order details page will change from “Placed” to “Processing” and cancellation will not be possible on the Site.

If you wish to cancel your order after this point, you will need to contact us by email at sales@fruitco.com.au or by calling 0499556969. Under these circumstances, we may charge you a cancellation fee of up to $20.

Returns and problems with your order

If you wish to return a product you may do so by returning it to us, in accordance with our returns policy.

If products for which you have been charged are missing or products in your order were damaged or defective, you may contact us in relation to these matters.

You can contact us in relation to such matters by email at sales@fruitco.com.au or by calling 0499556969. To assess the matter, we may require you to provide further information such as a photograph of damaged or defective products or provide the products themselves, so you must retain them until your claim has been processed.

Intellectual Property

Material and content displayed on or comprised by this Site including text, graphics, logos, button icons, images, the website layout and software are subject to copyright owned by Fruitco or its related entities or suppliers. The material and content are protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the Site may be the subject of registered trademarks of Fruitco or its related entities or suppliers and protected by the Trademarks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the Site only for your personal non-commercial use or for good faith dealings with Fruitco, and subject to these Terms. This permission is subject to you not modifying or republishing the content displayed on this Site, keeping intact all copyrights, trademark and other proprietary notices and any additional restrictions or express exceptions displayed on the Site. Any other use of material on this Site including the reproduction, modification, distribution, transmission, re-publication or display of the content on this Site is strictly prohibited.

Information on the Site

Information on this Site may change from time to time. Fruitco does not represent or warrant that the information will be correct, current or complete. This Site may contain technical inaccuracies or typographical errors.

Advice

This Site may contain advice and other tips and information including in relation to nutrition. That advice and information is of a general nature only. It should not be relied on as applying to your specific situation and you should obtain specialist advice in appropriate situations.

Viruses

You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.

Use of this website

You agree to comply with all laws applicable to your use of this Site. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, including by uploading or transmitting through the Site any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this Site or any computer. You must not post on this Site any material that is abusive, defamatory, obscene, contrary to law or to the rights of any person. Fruitco may block or delete from this Site any material you post that Fruitco decides contravenes those requirements. You must not impersonate or misappropriate the identity of another person. Use of this Site in contravention of these Terms may result in you being banned from the Site and being liable to Fruitco for breach of contract and/or contravening applicable law.

Disclaimer in relation to Site

Fruitco does not represent or warrant that the functions within this website will be uninterrupted or error-free or that the website or the server that makes this website available is free of viruses or other harmful elements.

Liability

Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law (ACL), and consumer guarantees relating to goods or services under the ACL) which may not be excluded, restricted or modified by agreement.

Privacy

Your privacy is important to Fruitco. By providing your details to Fruitco via the Site, you consent to Fruitco maintaining, recording, holding and using that information to process your order, to improve service to you and to inform you of promotions. Your information may also be provided to our Store and to the Delivering Party for your order for the purpose of fulfilling and delivering your order. Further information about the collection and use of your personal information is contained in our Privacy Policy.