Terms & Conditions

 
  1. General 
  1. This Wholefoods House Shopping site is a shopping website where you can browse, select and order products advertised on the Site from Wholefoods House, 89108134765 Wholefoods House, (“us” or “we”). 
  1. Please read these terms and conditions 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. 
  1. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions. 
  1. Compliance with the Terms & Conditions 
  1. You agree to be bound by, and comply with, these terms and conditions: (a) by completing your registration through the Site; and (b) using the Site to obtain Products from us. 
  1. Registration 
  1. You must complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our privacy policy referred to in clause 21 below. 
  1. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. 
  1. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities. 
  1. Placing an order for Products 
  1. You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions. 
  1. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order. 
  1. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. 
  1. You agree to provide us with current, complete and accurate details when asked to do so by the Site. 
  1. Acceptance or rejection of an order 
  1. We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order. 
  1. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions. 
  1. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. 
  1. Minimum and maximum amounts in each order 
  1.  The minimum purchase amount for each order is $50.00 excluding the Processing/packing Fee. [LC1] 
  1. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the order or within a reasonable time after you submit your order. 
  1. If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such orders may be cancelled by us without notice to you. [LC2] 

Collecting of Products 
  1. You agree to comply with certain collection requirements specified below and such other requirements that we notify to you when you place your order through the Site: (a) photographic identification and a signature must be provided  may be required when you collect your order; and (b) the card used for payment is may be required to be shown when you collect your order. 
  1. If you will not be the person collecting your order then your representative must may be required to provide us with proof of their identity (including photographic identification) and, where relevant, age, and the card used for payment. 
  1. If you do not supply the appropriate identification or the relevant card of purchase: (a) we may not allow collection of the Products you have ordered.
  1. If you do not collect your order within the booked collection window then we may charge you a fee of up to $25[LC3]  and the charges for any perishable Products in your order that we have accepted. In this instance, we will endeavour to contact you or you may contact us to arrange for collection at a different time, and we may charge you an additional fee for that replacement order. 
  1. You acknowledge that we may record the details of any identification provided in relation to collection of Products.
  1. We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your order. If you are unsure whether the person contacting you is from Wholefoods House, please contact our Customer Service at orders@wholefoodshouse.com.au. 
  1. Risk and title 
  1. Risk in the Products passes to you on the date and time of collection from Wholefoods House. Title to the Products passes to you on the later of the date and time of: (a) payment for those Products, and (b) collection of those Products from Wholefoods House. 
  1. Cancelling an order 
  1. We may cancel an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if: (a) the requested Products in that order are not available; or (b) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or (c) that order has been placed in breach of these terms and conditions. 
  1. If we cancel an order in accordance with: (a) clause 10.1(a) or 10.1(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If any payment has been taken for the cancelled order, then the full payment amount, including any Packing fee and other fees and charges, will be refunded to your original payment method or through an alternative means. (b) clause 10.(c) (where you are in breach of these terms and conditions): we will provide you with reasonable notice of that cancellation. If your order is cancelled before the day of delivery or collection, then the full payment amount, including any Packing Fee and other fees and charges, will be refunded to your original payment method or through an alternative means. If you cancel an order that has been accepted by usthen we may charge you a cancellation fee of the $20.00 or the costs to Wholefoods House arising from the cancellation plus the charges for any perishable Products that were ordered. 
  1. Fees and charges 
  1. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable): (a) the purchase price of each Product that is ordered; (b) the packing fee provided to you at the time you selected the relevant delivery window when placing your order (“Delivery Fee”); and (c) the cancellation fee for an order that is cancelled as set out in clause 10.3(b)(ii); and (d) any other fees and charges set out in these terms and conditions. 
  1. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable and are charged in Australian dollars. 
  1. The purchase price of each Product is shown on the product list on the Site at the time you place your order. 
  1. You acknowledge that: (a) we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site at our supermarket or vice versa; and 
  1. Just like in our supermarket, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order. 
[LC4] Payment methods 
 
  1. You authorise Wholefoods House to debit the amount that is payable for an accepted order from your nominated credit card to pay for the fees and charges. This will be done over the phone. You will need to provide your details on every order as we are not keeping card details on file at this time.
  2. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means. 
  3. We will provide you with a receipt at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the order and the out of stock products including the dollar value refunded to your card of purchase. Please regard the emailed correspondence as a purchase order only. Your receipt will contain your loyalty balance and the affect of points usage if applicable.
  1. Substitution or missing items in delivery 
  1. You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product. 
  1. If you select the substitute option for some or all of your Products in an order, then we will endeavour to provide you with a substitute Product: (a) when the Product you have selected is not available; or (b) if we are not able to supply to you the Product that you have selected. We aim to select substitute Products that are of similar value and quality, but (subject to clause 13.5) we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available. In most cases, we will discuss substitutes with you to attain an optimal outcome.
3.If there are items missing from your collection, then you should check the receipt that we provided to you to determine if the missing Product is on your invoice..

Returns 
  1. If you wish to return a Product that was provided to you under these Terms and Conditions, because it is defective, then you may: (a) return that Product to our supermarket; or (b)  send an email to orders@wholefoodshouse.com.au within 8 hours of the delivery time to make arrangements to return that Product. In this instance, you may return the Product to us at the time you pick up your next order. Your general obligations 
  1. You: (a) must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner; (b) must notify us through Customer Service on (02) 8123 1700 during Contact Hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account; (c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;  (d) are responsible for any costs associated with your access to or use of the Site, including Internet access fees; (e) are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site; (f) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and (g) should check the labels on the Products before consumption or use. 
  1. General restrictions 
  1. You must not: (a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes; (b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site; (c) make fraudulent or speculative enquiries, purchases or requests through the Site; (d) use another person’s details without their permission or impersonate another person when using the Site; (e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings; (f) tamper with or hinder the operation of the Site; (g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site; (h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site; (i) modify, adapt, translate or reverse engineer any portion of the Site; (j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site; (k) reformat or frame any portion of the web pages that are part of the Site; (l) create accounts by automated means or under false or fraudulent pretences; (m) use the Site to violate the security of any computer or other network or engage in illegal conduct; (n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure; (o) use the Site other than in accordance with these terms and conditions; or (p) attempt any of the above acts or engage or permit another person to do any of the above acts. 
  1. Suspension of account 
  1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. Wholefoods House also reserves the right to otherwise cancel orders in accordance with clause 10. 
  1. If we lock, suspend or delete your account under clause 17.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks. 
  1. Warranties 
  1. You warrant that: (a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date; (b) the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and (c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us. 
  1. Liability 
  1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law. 
  1. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Wholefoods House liabilities under those provisions: (a) you acknowledge that each Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose; (b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and (c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. 
  1. Termination 
  1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and: (a) the breach cannot be remedied; or (b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or (c) if there is an emergency. 
  1. You may stop using the Site at any time and for any reason. 
  1. We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products. 
  1. Privacy policy 
  1. Our privacy policy is available on the Wholefoods House Online Store and forms part of these terms and conditions. You acknowledge and agree to our privacy policy.  
  1. Intellectual property rights 
  1. You: (a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us; (b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and (c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent. 
  1. You may: (a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and (b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use. 
  1. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent. 
  1. Changes to these terms and conditions 
  1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process. 
  1. If you have an order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order. 
  1. General 
  1. The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that: (a) we make no representations or warranties, or have any responsibility or liability for those websites; and (b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites. You agree that you access and use the products and services made available at those sites solely at your own risk. 
  1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy. 
  1. This agreement is governed by the laws of NSW. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law. 
  1. Wholefoods House attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free. 
  1. Definitions 
  1. Capitalised terms used are defined in these terms and conditions. In these terms: Contact Hours means Customer Service operating hours, Monday to Friday 7.30 am to 5.00 pm Australian Eastern Daylight Time. Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions. In the case of delivery to a remote area via a courier, Delivery Address means the address of the courier to which we deliver the Products. Delivery Fee has the meaning given in clause 11.1(b). GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). LoginID means the email address that you provided to us as part of the registration process to use the Site. Product means each good or service that is advertised on the Site.  
  1. Wholefoods House Loyalty Program 
As a user of Wholefoods House’s Online Store, you have access to the Wholefoods House Loyalty Program. The details of the program are as follows: 
  1. Membership is at the discretion of Wholefoods House. 
  1. Program benefits are at the discretion of Wholefoods House. 
  1. Wholefoods House may alter or cancel benefits at any time, but shall not withdraw any benefits that have already accrued at the time of alteration. 
  1. Points will lapse if they are not redeemed within 12 months of being awarded. 
  1. Membership Card remains the property of Wholefoods House. 
  1. By submitting this Application I accept the terms and conditions of Membership. 
  1. Australian Government Pensioners are entitled to a 10% discount on ALL purchases in lieu of Loyalty Rewards Membership. Your Pensioner's Concession Card MUST be shown at each transaction to receive the discount. 
  1. Earning Points: The Wholefoods House Loyalty Program works on a basket size concept. The Current Basket Size* is $25 which earns you 5 Wholefoods House Loyalty Points. After that you’ll earn 5 points for every additional $25 you spend. There is no limit to the number of points you can accumulate in one shop. *Wholefoods House can alter the Basket Size at any time at its discretion. Last updated 15 May 2018. [LC5] 
       9. Redeeming points: After you have accumulated 100 points, you can redeem your points for a 20% discount on a shop of your choice. If you choose not to redeem your points they will continue to accumulate, however a maximum of 100 points               can be redeemed at any one time. The maximum discount under the Wholefoods House Loyalty Program is 20%. Already discounted items such as Value Buys and clearance stock are not eligible for a further discount when Loyalty Points are               redeemed. Items that specify ‘no further  discount’ will be charged at their shelf price. 
     10. All Value Buy items ('Specials' in the web store) are no further discount items. This means that if you are to claim your 20% loyalty discount, all Value Buy items in your basket are not subject to a further discount.
     11.Other information: You do not accumulate points on your 20% discount shop. Points will lapse if they are not redeemed within 12 months of being awarded. Your oldest points will be used first when redeemed. Gift Card purchases and deposits               (i.e. 15l Water Bottles and Christmas Ham/ Turkey) do not earn Loyalty Points. Loyalty Points can be earned and redeemed at any one of our Wholefoods House Stores, or through our Online Store. 
      12. Redeeming through the Online Store: Existing customers using our click and collect service have access the Loyalty Program through our webstore. Your points are accumulated through our system in-store, hence you won't be able to access                the balance through our online store. If your points balance is at or above 100 points at a particular time, you are entitled to claim your 20% discount. Please notify us of your intention to claim your loyalty discount in the 'Notes' section of the                    checkout page. 

SCHEDULE: Wholefoods House 
ABN: 89108134765 
14/61 Mentmore Ave, Rosebery NSW 2018 
(02) 8123 1700