PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALES AGREEMENT”) VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH RICH BDCO Online Grocery PTY LTD. (“BDCO Online Grocery”), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
This Sale Agreement is a legal contract between the Customer and “BDCO Online Grocery”. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to “you” or “your” shall relate to the Customer; references to “BDCO Online Grocery” shall relate to Herbs & Spices Pty Ltd and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and BDCO Online Grocery relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by BDCO Online Grocery. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting BDCO Online Grocery at the address provided below.
In the event of any conflict between the terms and conditions stated on any purchase order, if any and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
The law states that a minor cannot enter into contracts. By making an on-line purchase the Customer accepts these terms & conditions and acknowledges to be over the age of eighteen (18) years and enters into a legal contract with BDCO Online Grocery.
Should BDCO Online Grocery suffer any loss or damage, as a result of a transaction entered into by a minor, BDCO Online Grocery reserves the right to seek compensation and legal action for such losses from the parents or guardians of the minor who caused the order to be placed.
This agreement and any sales hereunder shall be governed by the laws of the State of New South Wales. The customer consents to the jurisdiction of any court of competent jurisdiction for purposes of any suit, action or proceeding arising out of this sale agreement.
Title: Risk of Loss
Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified or the payment for the goods is unsuccessful for any reason. Loss or damage that occurs during shipping by a carrier selected by BDCO Online Grocery is BDCO Online Grocery’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to intellectual property in any product will remain with the relevant manufacturer(s).
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary or even be null and void for goods exported outside the Australia. Any and all liability is only for the products purchased.
General Legal Disclaimer
BDCO Online Grocery hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by BDCO Online Grocery in no way affects the terms of the manufacturer’s warranty, if any.
The Customers acknowledges and agrees:
BDCO Online Grocery, RICH BDCO Online Grocery PTY LTD., and their affiliates are retailers of products produced both locally and abroad, and are not the manufactures of said products. All manufacturer’s warranty and guarantee, must be directed the manufacturer and not the retailer.
All products sold by BDCO Online Grocery are third party products and are subject to the warranties and representations of the applicable manufacturers. Accordingly, BDCO Online Grocery makes no representation or warranty with respect to the quality of products sold or its fitness for purpose.
All products listed on BDCO Online Grocery website are described to the best of our abilities and the specifications reflect the information that has been provided to us. All care is taken to ensure this information is correct, but we cannot eliminate the possibility of human error.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, BDCO Online Grocery reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Whist BDCO Online Grocery uses reasonable efforts to include accurate and up-to-date information on the Site, BDCO Online Grocery makes no warranties or representations as to the Site’s accuracy. BDCO Online Grocery assumes no liability or responsibility for any errors or omissions in the content on the Site.
Disclaimer – Credit Card
BDCO Online Grocery does not take responsibility or liability for direct or indirect damages & consequential losses suffered by use of fraudulent or unauthorised credit cards. BDCO Online Grocery does not take responsibility or liability for direct or indirect damages & consequential losses associated with damage to goods occurring during delivery. The Customer shall contact BDCO Online Grocery to make a shipping claim and BDCO Online Grocery shall resolve the complaint with the transit insurer.
By accepting these terms and conditions, the Customer acknowledges that s/he has sufficient notice of this disclaimer, s/he has entered into this transaction and accepted this disclaimer of his or her own free will.
BDCO Online Grocery does not store credit card information, irrespective of collection medium. When using internet payment facility, the Customer is passed to the secured bank site to enter their credit card details. At no time is BDCO Online Grocery notified of the credit card details.
Credit Card Fraud
At BDCO Online Grocery, we take we take online fraud very seriously and our primary goal is to ensure our many valued Customers are assured that transacting with us is a secure, safe and easy procedure.
BDCO Online Grocery employs a third party credit card processing company that employs the latest in Secure Sockets Layer (SSL) technology. They ensure the highest form of encryption possible and this protects your details as they travel over the internet.
Their secure server software (SSL) is the industry standard and among the best software available today for secure e-commerce transactions. It encrypts all of your personal information, including credit card number, name and address, so that it cannot be read as the information travels over the Internet.
BDCO Online Grocery will not enter into any transaction on suspicion of use of fraudulent or unauthorized credit card. This includes suspension and cancellation of the transaction and/or prevention delivery of goods which are the subject of a suspected illegal transaction. BDCO Online Grocery will take reasonable action to notify relevant authorities and providing all information pertaining to the transaction to facilitate prosecution of the offender.
- All payments are done through our BDCO Online Grocery Secure Online Checkout System.
- All payments are pre-paid.
- BDCO Online Grocery accepts credit cards (Visa & MasterCard, American Express) and PayPal.
- All Prices include GST and are quoted in Australian Dollars.
- Please note that we do not store your credit card information on our server.
- If the card payment is declined by your issuer for any reason, we cannot hold goods against your order.
Limitation of Liability
BDCO Online Grocery will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. BDCO Online Grocery will not be liable for products or services not being available for use or for lost or corrupted data or software. The Customer agrees that for any liability related to the purchase of products or services, BDCO Online Grocery is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), BDCO Online Grocery’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Commercial Arbitration Act 1984 NSW. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
The terms of this clause apply where you select to have your goods delivered to your nominated address.
The delivery address must be an address within Australia and cannot be freight forwarding location. Delivery cannot be made to two locations. (E.g. splitting your order and delivering to two separate location.)
On acceptance of your order by BDCO Online Grocery, your order will be dispatched within 7 business days of the date you place your order. If we cannot dispatch your order within 7days we will notify you of the reason why your order was not dispatched. Such notice well be sent by email or phone which ever method is convenient to BDCO Online Grocery.
All deliveries are made to the address as nominated by you, during business hours only and you will be required to be available in person to receive the delivery. If you are not available at the time of the delivery the delivery contractor can leave the parcel at your door if you instruct in writing.
If you instruct us to leave the parcel at your door such instruction must be given in writing prior to the date of delivery. No responsibility will be taken by us if the parcel is reported as missing after the delivery if confirmation of delivery of the parcel has been provided to us by the delivery contractor.
Otherwise if you are not present at the time of the delivery then delivery contractor will not leave your order at the address. In such event your Order charges paid for original delivery may be forfeited, a restocking fee of $20 will be applied. Furthermore in instances of perishable items a replacement charge will apply.
BDCO Online Grocery Return Policy
BDCO Online Grocery has a return goods policy in accordance with New South Wales Consumer Laws and subject to Manufactures Warranty
Change of Mind
Please choose carefully as refunds are not provided if you have simply changed your mind, you have made a wrong selection or found a cheaper item elsewhere.
- BDCO Online Grocery offers 7-day return policy on selected items based on manufacturer return policies. For further information not listed, please contact BDCO Online Grocery.
- All products returned MUST be 100 percent complete; and contain ALL original manufacturer boxes with the original UPC code and packing materials including all manuals, blank warranty cards, accessories and any other documentation included with the original shipment.
- Courier charges on returned items are the Customer’s responsibility. BDCO Online Grocery may match the shipping method and pay for shipping on replacement or exchange item(s). For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery.
- If you receive damaged merchandise, it is expected that upon inspection you will reject the delivery and hand the package back to the couriers. If you accept the package make sure it is noted on the carrier’s delivery record in order for BDCO Online Grocery to file a damage claim. It is expected that you will save the merchandise AND the original box and packing it arrived in, notify BDCO Online Grocery immediately to arrange for a carrier inspection and a pickup of damaged merchandise. If you do not notify BDCO Online Grocery of damaged goods within the first 7 days of arrival, no claim for return and/or compensation will be issued. DEFECTIVE items must be returned directly to BDCO Online Grocery within 7 days from the receipt date, BDCO Online Grocery’s has sole discretion for: credit, replacement, exchange or repair.
- NON-DEFECTIVE returns may be accepted by BDCO Online Grocery at its sole discretion and on terms that BDCO Online Grocery sees fit.
- BDCO Online Grocery will not accept any returns without proof of the purchases. BDCO Online Grocery recommends customers to keep a copy of receipt to prove the purchases.
BDCO Online Grocery
3 Grex Avenue, Minchinbury, Sydney