1. WHO, WHAT AND WHERE
GREENE STREET JUICE CO. ABN 46 166 594 378 (GSJ) grants you a non-exclusive, limited and revocable license to use and access the website “greenestreetjuice.com” (Site). In these Terms & Conditions, “us”, “we” and “our” refer to GSJ and references to “you” and “your” is to you, the end user. These Terms & Conditions are made in accordance with the laws in Victoria, Australia.
2. WHAT YOU AGREE TO WHEN USING THIS SITE
2.1 By using the Site you agree to be bound by these Terms & Conditions. If you do not agree with these Terms & Conditions you must immediately stop using the Site.
2.3 Until registered you are a “User” and you do not have the authority, implied or express, to access the Services and GSJ disclaims all liability in relation to your use of this Site.
2.4 We may change, update or otherwise amend the Site at our absolute discretion and without notice.
GSJ may offer you access to controlled areas of the Site or offer you goods & services for sale (Services). You must register the information as requested on the Site in order to access the Services.
4. ONLINE TERMS OF SALE
You may purchase goods & services online from the Site. All purchases are subject to these Terms of Sale:
4.1 Purchase, Payment & Order
◦ All prices displayed on this website are in AUD.
◦ Any purchase of items from the online store (Order) is confirmed when you complete payment for the items on this Site.
◦ GSJ shall advise you of any delivery fees prior to despatch. Delivery fees will be advertised prior to the payment for your Order.
◦ You must provide us with accurate delivery information. We will only deliver to a physical address (Delivery Address). We do not deliver to P.O. boxes.
◦ Orders will be delivered 5 business days from payment unless otherwise arranged between the parties (Delivery Date).
◦ We will advise you of times between which delivery will be made on any day (Delivery Window). You must advise us immediately if the Delivery Window will result in you not being able to refrigerate your products within 1 hour after the end of the Delivery Window (eg if the Delivery Window is 4pm to 7pm, you must be able to refrigerate your product by 8pm).
◦ Orders will be delivered to the entrance of the Delivery Address. If no one is available to take delivery of your Order we will leave it near the entrance of the
4.3 Delivery Address
◦ You agree to take on the risk for the goods, such as loss or damage, when the goods reach the Delivery Address.
◦ After taking delivery of the Order, you agree to examine the goods and notify us if there is any defect in the goods before midday of the day following the Delivery Date.
◦ Under no circumstances will GSJ be liable for any cost, loss or damage caused by a delay in delivery, including incorrect delivery details provided by you.
4.4 Refrigeration & Consumption
◦ You must refrigerate our products. It is your responsibility to ensure that delivered products are refrigerated as soon as possible, and within 1 hour from the end of the delivery window
◦ You must not consume products that have remained unrefrigerated for more than 4 hours.
◦ Our products are guaranteed fresh for 3 days from the Delivery Date. Do not consume our products beyond the Use By date marked on the bottom of the products.
4.5 Refunds, Returns & Cancellations
4.5.1 GSJ shall provide a refund or exchange on an Order where (without limitation):
◦ A product has exceeded its “Use By” date when received by you;
◦ An incorrect product was sent to you; or
◦ The product is faulty or damaged in some way upon receipt by you.
4.5.2 To receive a refund or exchange you must:
◦ Before midday of the day following the Delivery Date notify us by phone (03 9510 8907) or email ([email protected]) with the problem with the Order, at which time you’ll be given instructions on how to return the items; and
◦ Despatch the items for exchange or refund back to GSJ.
4.5.3 GSJ will not accept returns, nor offer an exchange or refund, where:
◦ You have chosen incorrectly or mistakenly;
◦ You have changed your mind;
◦ You do not like the taste of the product; or
◦ You have incorrectly treated or stored the product.
4.5.3 GSJ reserves the right to decide whether or not to make an exchange or refund until it has received the returned items.
4.5.4 You may cancel your Order no later than 2 working days before your Delivery Date. Refunds will not be available for cancellations made after this time.
◦ Sales subject to Goods and Services Tax (GST) will be indicated according to applicable legislation.
5.1 You acknowledge, understand and accept that our products are raw and have not been pasteurized.
5.2 Our products may not be suitable for everyone due to the unpasteurized nature of the product. Our products should not be used by pregnant or breastfeeding women, young children, the elderly and those with weakened immune systems. If you have any concern, you are taking specific medication or have a medical condition please seek medical advice before using our products.
5.3 You must not consume our products if you have allergies that result in anaphylaxis (or similar) or diabetics who are insulin dependent. It is your responsibility to inform us if you suffer any of these conditions before you place an Order.
5.4 GSJ products are made in a kitchen that contains nuts. Should you have known allergies to nut products exercise caution prior to consumption, as there is always the likelihood of some traces of nuts being present.
5.5 Any information published on the Site and other information that we send you does not constitute medical advice.
5.6 We do not make any health claims about our products.
We state our products to be organic as all ingredients we use are sourced from farms utilising organic farming practices. We do not claim to be certified organic.
7. CONDITIONS OF USE
It is a condition of use that:
◦ You register on the Site to purchase any products and request services from us;
◦ You only use the Site for lawful purposes;
◦ You do not engage in any improper, indecent or offensive behaviour;
◦ You are not breaking any local, state or federal law in your relevant jurisdiction by accessing this Site;
◦ You will treat the Site and its Users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and
◦ You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.
◦ You do not breach any of the Terms & Conditions.
8. SITE AVAILABILITY
8.1 By using this Site you acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.
8.2 We accept no responsibility for the unavailability of this Site, or any offers of Services found on the Site, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.
8.3 We make no guarantees, implied or express, as to the ongoing availability of the Site or Services.
9. INTELLECTUAL PROPERTY
9.1 All content on the Site and the Services are the copyright and property of GSJ. Without the express written permission of GSJ, you shall not:
◦ Replicate all or part of the Site or Services in anyway; or
◦ Incorporate all or part of the Site or Services in any other webpage, site, application or other digital or non-digital format.
9.2 GSJ has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of GSJ.
9.3 You agree that by using the Site you will not copy the Site or Services for your own commercial purposes. You agree and warrant that you will not solicit the user of the Site to join another competing site or in anyway to stop using the Site in preference of using another site offering comparable services. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.
10. THIRD PARTY WEBSITES & ADVERTISING
10.1 The Site may contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Site.
10.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
11. LIMITATION OF LIABILITY & INDEMNITY
11.1 You agree that you use the Site at your own risk.
11.2 You acknowledge that we are not responsible for the conduct or activities of any User or Member and that we are not liable for such under any circumstances.
11.3 If you are provided with a username & password to access the Services, it is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
11.4 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of these Terms & Conditions.
11.5 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law.
11.6 To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:
◦ the re-supply of Services or payment of the cost of re-supply of Services; or
◦ the replacement or repair of goods or payment of the cost of replacement or repair.
13.1 We may end the agreement formed by Terms & Conditions immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms & Conditions have been terminated you must immediately cease using the Site or Services.
13.2 Your use of the Site may be cancelled at any time, for any reason, by on a temporary or permanent basis. You must immediately cease using the Site should you receive a notice cancelling your license to use the Site.
14.1 You can direct notices, enquiries, complaints and so forth to GSJ at the details published on the Site. We will notify you of a change of details from time-to-time by publishing new details on the Site.
14.2 We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
15.1 GSJ shall at its absolute discretion amend this Terms & Conditions at any time, which shall become effective by giving you notice.
15.2 Any provision of these Terms & Conditions, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms & Conditions or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms & Conditions, so far as is reasonably practicable.
15.3 These Terms & Conditions form part of an ecommerce transaction and the parties agree that these Terms & Conditions shall be accepted electronically and the agreement to these Terms & Conditions is formed & validly entered into electronically.
15.4 The termination of these Terms & Conditions does not affect the parties’ rights in respect of periods before the termination of these Terms & Conditions.