These terms and conditions apply to the use of this web site, including the purchase of goods over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site. All transactions are processed in Australian Dollars
In these terms and conditions, the expressions:
"we", "us" and "our" are a reference to Aufdemkampe Holdings Pty Ltd TA WA Fresh Delivered;
means the address on the Order to which the goods are to be delivered;
means the areas of Western Australia within which we are willing to deliver goods ordered as described on this web site;
means an order to purchase goods from Aufdemkampe Holdings Pty Ltd trading as WA Fresh Delivered submitted by you;
means the list of goods, as amended from time to time, displayed on WA Fresh Delivered web site.
Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
You may offer to purchase goods described in the Product List subject to these terms and conditions by submitting an Order as set out in this web site. Your order must contain your name, Delivery Address, email address, telephone contact number, credit card details and any other ordering information specified on this web site.You will enter an Order in the manner described on the web site by selecting Goods of not less than the minimum order value prescribed on the web site and pressing the "Submit" button. Orders will be deemed to have been received at the time of successful transmission of the Order by you to us. We reserve the right at our discretion to accept or reject your offer to purchase. We are not required to give reasons for rejecting your offer to purchase.If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
We do not accept customised orders over the phone and we do not accept any orders via text, email, posted on Facebook or Facebook message.
Perth Delivery Fee
We offer free delivery on all orders over $55.00. Orders below this amount incur a delivery as described at checkout when selecting your delivery day.
Regional Delivery Fee
We offer free delivery on all orders over $85.00. Orders below this amount incur a delivery as described at checkout when selecting your delivery day.
Order before 3am, Monday to Friday (not including public holidays) for same-day delivery. Please see our About Us" page for our delivery schedule.
WA Fresh Delivered deliver meat, dairy and fresh produce in insulated bags and use frozen water bottles to keep your food cold which will last for several hours if left in a cool shady spot. We will presume that anyone at the delivery address who receives the goods is authorised to do so. We will leave bags in a shady spot by the front door if no one is home of the address given to us with your order unless specified otherwise. If we believe that the front door will not be suitable we reserve the right to choose another spot to leave the order. We cannot be held responsible for bags moved or stolen from the stipulated delivery area.
Delivery time shall be the time designated by WA Fresh Delivered.
Delivery Boxes and Bags
We don’t charge a deposit but do expect empty bags to be returned on subsequent delivers to be re-used.
Non Availability of Goods
We give no undertaking as to the availability of products advertised on this web site. Where an item is out of stock you will generally be given the option of a replacement, a credit or refund.
Prices in the Product List are inclusive of goods and services tax where appropriate. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
The price of the Goods as shown on the Product List is the price applicable at the time you view it. Items in your order are charged at the price applicable at the time that your order is submitted. All transactions are processed in Australian Dollars
You may cancel your order by midnight on the day before delivery by email or Facebook message.
Payment must be effected in the manner described on the web site. If we agree to grant a credit for any items it will be applied to your next order. Should you decide not to place another order then a refund will be provided. If you do not make a request for a refund within 12 months of the grant of the credit, we may apply the amount of the credit against our administrative expenses of maintaining your account.Only the rightful owner of the credit card being used for payment may purchase goods. By offering payment by provision of a credit card number you warrant that you are an authorised user of the credit card. If a credit card payment is subsequently dishonored for any reason you will remain liable for the payment of the price of the goods. The goods are offered for sale only to persons who can make legally binding contracts.
Risk & Title in the Goods
Title in the goods does not pass to you until payment has been received, or the goods have been delivered, whichever is the last to occur. Risk of theft or other loss or damage to the goods passes to you upon delivery to your nominated Delivery Address. If the products purchased are recalled by the manufacturer for whatever reason then provided the product is returned in its original packaging then credit will be applied to your next order.
Should you decide not to place another order then a refund will be provided. Should you not be satisfied with the quality of the goods supplied then you may contact us so that we can assess your grounds for dissatisfaction. If we agree that the goods are unsatisfactory then a credit will be applied to your next order. Should you decide not to place another order then a refund will be provided. If quality is not an issue WA Fresh Delivered will not make a refund for goods that are no longer wanted after delivery has occurred.
Missing or Damaged Products
Please contact WA Fresh Delivered within 24hrs of delivery to inform us of missing or damaged stock.
No Warranty about Product Specifications
We do not warrant the accuracy of any of the information contained within the Product List nor on the labels on goods delivered. We recommend that you read any labels on goods supplied carefully before they are consumed.
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your purchase of goods or other use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
Exception to disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.We make no warranty that goods acquired from us over this web site will meet your requirements.You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
- commercialise any information, products or services obtained from any part of this web site;
without our written permission.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this web site).
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.
Linked web sites
This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.We are not responsible for the content or privacy practices associated with linked web sites.Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
We may collect web site visitors' contact information (like their e-mail addresses). Unless you object, this information may be used:
- to send news, information about our activities and general promotional material which we believe may be useful to you;
- to monitor who is accessing the web site or using services offered on the web site; and
- to profile the type of people accessing the web site.
If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.
We may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
- we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
- we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
- we are required by law to disclose the information.
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of access
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.