bananablue Terms & Conditions

01. Terms and Conditions

• By clicking the ‘I agree’ button, you affirm that you have read, understand, accept and agree to the following terms and conditions. These terms and conditions form a binding agreement between you, the User (“User”, “you” or “your”) and the owner and operator of bananablue.com.au Pty Ltd ACN 105 854 091 (“We”, “our”, “us” or “bananablue.com.au”).
• We reserve the right to change, remove or add additional terms and conditions to this document at any time. Any changes will be displayed on this website in bold for a period of 30 days after the changes have been made. You may terminate the agreement with 30 days notice if you do not accept those changes up to 30 days after the changes have been made.
• You are deemed to accept those changes if you continue to use the website after you log on for the first time after such a change has been made, and brought to your attention.
• We have no responsibility to inform the User of changes made to these terms and conditions past those requirements mentioned in paragraph 1.b of this document.

If you disagree with any of the terms and conditions contained in this document, you must not click the ‘I agree’ option. 

02. User Information

• By agreeing to this contract, you:
• affirm that all information provided by you is complete and accurate.
•  agree to update your User information (including personal details, payment details and delivery address) as required to ensure that bananablue.com.au retains an accurate record of your details.
• agree to keep the details of your secure access information private and confidential.
• We agree to keep your information in accordance with paragraph 11 of this document.
• We reserve the right to any of the following, without limitation:
• suspend your User Account;
• permanently remove or alter content related to your account; or
• terminate your account if you breach any term or condition contained within this document 

03. Privacy and use of information

• We agree that we will at no stage intentionally sell, distribute, transmit, disseminate or release your User information or uploaded data to third parties without your consent.
• You acknowledge that:
• we cannot guarantee the security or privacy of information submitted by you to us; and
• you release us from all liability in connection with the matters contained in this section of this document.
• You authorize bananablue.com.au to contact you from time to time via email on any matter deemed appropriate by bananablue.com.au.
• Further conditions relating to our use of information may be contained in a separate Privacy Policy.

04. Delivery Times and Cut-offs

• We will use best endeavours to deliver goods to you during the requested delivery time, assuming that your order is received before midnight the day before the delivery is required.
• You will not hold us responsible for any loss caused by late delivery.

05. Delivery

• We will only deliver goods within areas approved by our online ‘Postcode Check’ facility.
• By placing an order through this website, you guarantee that you have used the Postcode Check facility provided on the website, and are located within a Delivery Area.
• You will not hold us responsible for deliveries requested outside of our Delivery Area.
• We are not responsible for delivery to an incorrectly submitted address.
• We will assume that any person appearing to reside at the Delivery Address is authorised to accept your order.

06. Delivery Fee

• bananablue.com.au will charge you a delivery fee based upon the rates displayed on the bananablue.com.au website.
• The delivery fee is non-refundable.

07. Date of Birth

• By placing an order through this website for products for which a law prescribes a minimum age, you affirm that you are over that age.
• You agree that, when delivering goods to a minor, your order will be left outside your house, unless provisions of paragraph 9 apply.

08. Alcohol, or related products

• In accordance with the Liquor Licensing Act 1997 (SA), bananablue.com.au will not deliver alcohol or similar products for which a law prescribes a minimum age unless the person accepting delivery provides proof of age showing them to be above that minimum age.
• bananablue.com.au will not deliver goods to a vacant house if the order includes alcohol, or similar products.
• In the event that bananablue.com.au is unable to deliver an order on the basis of the above clauses, bananablue.com.au will re-deliver the goods by agreement with you for an additional delivery charge, or by arrangement, deliver with your next bananablue order.

09. Delivery to vacant address

• Unless provisions of paragraph 9 of this agreement apply, where bananablue.com.au is requested to make a delivery, and the delivery address is vacant, bananablue.com.au will leave the delivery order at the delivery address, in accordance with delivery instructions where provided and practicable.
• Whilst bananablue.com.au will make best endeavours to keep goods fresh when delivered to a vacant address, bananablue.com.au take no responsibility for goods after delivery has been affected.
• You agree that any order left at a vacant address is deemed to have been received by you at the time it is left at the address.
• Where access to your property is unavailable due to locked security gates, or any other reason, and where delivery instructions are followed as far as is practicable, delivery is considered to have been completed if the goods are left outside the gate, as near as possible to the residence.
• If it is not possible to leave goods, and where delivery instructions have been followed as far as is practicable, and perishable goods are retained by the driver, then a credit for those goods will not be given. If non perishable goods can be re-delivered, with an additional delivery fee, or can be re-sold, then a credit will be give for the retail value of those goods, less a service fee to cover any expenses.

10. Right to refuse sale

• bananablue.com.au reserves the right to refuse sale of a product at any point up until delivery. In the event that you have been charged for an item that bananablue.com.au has refused to sell, you will be refunded the amount charged in full by way of credit to your bananablue account.

11. Cooler-Exchange returns policy

• Bananablue.com.au shall provide, where necessary, polystyrene containers and ice-packs to keep food fresh upon delivery.
• You agree to return these containers and ice packs when you order your next delivery.
• In the event that the containers are not returned, bananablue.com.au reserves the right to charge you the amount of $4.00 per container that you have retained. 

12. Risk and Title in the goods

• Risk and title in the goods passes to you upon delivery and payment for the goods to your specified delivery address. 

13. Returns and Refunds

• If we supply an incorrect product, or a damaged product, or undersupply any product, you agree to notify us within 2 business days.
• We will credit your account for the value of those items, upon their return.

14. Availability of goods

• bananablue.com.au makes no warranty regarding the availability of any item listed on its website. By using this website, you agree that you will not hold bananablue.com.au liable in any way for loss caused by the unavailability of any item listed on the site.

15. Out of stocks and substitutions

• Unless you ‘opt out’ of receiving substitutes for specific items by unchecking the ‘Substitutes allowed’ check box prior to payment, bananablue.com.au reserves the right to make substitutions as we see fit.

• If a substitute is inappropriate, and the item substituted is non-perishable, you may return the item when you receive your next delivery. Upon receipt of returned items, we will credit your account for their value, subject to inspection and evaluation.

• If you ‘opt out’ of receiving a substituted item, in the event of unavailability, your account will be credited to the value of the unavailable goods and will be off-set against your next order, unless otherwise agreed between you and us.

16. Responsibility of customer to pay (Debt Collection Proceedings)

• You agree that you will make payment for all items ordered through the bananablue.com.au
• You affirm that you understand that a failure to make payment for items ordered through the bananablue.com.au website will result in debt collection proceedings against you.
• You agree to be liable for the cost of any debt collection proceeding, or legal fees associated with debt collection.

17. Access to Credit Card Details

• We guarantee that at no time will we have access to your credit card details.

18. Previous membership, promotions and benefits

• You affirm that you have not previously created a bananablue.com.au User Account, and are not redeeming any promotions, benefits or claiming free delivery if you have done so in the past.

09. Indemnity

• You agree to indemnify us, our officers, directors, staff, agents and contractors from any loss or damage, including any and all legal costs (including lawyers fees), which we may suffer as a result of your usage of bananablue.com.au.
• You agree to cooperate fully with us in the defence of any claim.
• You agree that we have fully immunity from any liability whatsoever in relation to any information, data, publication, transmission or communication of any kind made by you on or in relation to bananablue.com.au.
• You agree to ensure that you will not enter into any agreement with a third party such that the agreement between you and bananablue.com.au shall place you in breach of the agreement with the third party.
• You agree to indemnify us from any action by a third party in relation to your agreement with Us.
• In no event will we be liable to you or any other party for direct or indirect loss in connection with data uploaded by you to our servers.

20. Force Majeure

• A party will not be liable to the other party for any failure or delay in performing its obligations under this Agreement (except for the payment of money) to the extent that this is caused or arises from events which include, but are not limited to:
• fire, flood, lightning, storm or extreme weather conditions;
• strikes, lock-outs, boycotts or other industrial disputes;
• acts of war, terrorism, riots, civil commotion and explosions;
• government restrictions.

21. Severability

• Each provision of this agreement is severable. Severance does not affect any other provision.

22. Governing Law

• This Agreement is governed by, and must be interpreted in accordance with, the laws of South Australia.
• You submit to the exclusive jurisdiction of courts in South Australia.

23. Assignment

• You may not assign this agreement to any other person or body corporate;
• bananablue.com.au retains the right to assign this agreement without notice.