Terms & Conditions | Adelaide's Finest Supermarkets

Adelaide’s Finest Online Terms & Conditions

Banana Blue Pty Ltd (ABN 46 359 679 284) (“Adelaide’s Finest Online” or “our/us”)

Thank you for choosing to shop with us. These terms and conditions are important and you should thoroughly review them before using the website at www.adelaidesfinest.com.au or the Adelaide’s Finest Online application (each, a Site).

We’d like to highlight a few specific terms for you, which are detailed below and apply to the purchase of all of the products and services from Adelaide’s Finest Online, our related entities, affiliates or subsidiaries.

By purchasing our products or services from us via our Site, you agree that you have read and understood, and agree to be bound by these Terms and Conditions.

General Terms

The Site includes Adelaide’s Finest Online where you may purchase Adelaide’s Finest Products.
The Site is operated by Banana Blue (ABN 46 359 679 284) business operating name Adelaide’s Finest Online to the extent the Site is in respect of Adelaide’s Finest Online.
These Terms & Conditions will apply to you, The Customer.
By registering your details on Adelaide’s Finest Online’s Site (which is necessary to place an Order):
1. you will provide to us personal information which we will collect and handle in accordance with our Privacy Policy;
2. we will create an account for you along with a username and password which you will be responsible to keep secure and for all activity carried under it; and
3. consent to us communicating with you in accordance with our Privacy Policy and Site Terms and Conditions.
If you disagree with these Terms and Conditions you must not create a Customer Account or purchase Product from us.
Subject to any written offer by Adelaide’s Finest Online, that may be agreed in writing, these terms form part of each accepted Order for Product and these Terms and Conditions negate any terms you may issue.
Your failure to acknowledge these Terms and Conditions is not evidence they do not apply.
At any time Adelaide’s Finest Online may change or replace these terms by notifying you. Any such change or replacement applies to any Order that forms after the change was notified and your ongoing Customer Account.

Registration

Before ordering Products via a Site or using a Card in-store, the Customer must finish the registration process.
Any personal details shared by the Customer or Authorised Personnel during registration will be processed by Adelaide’s Finest Online in line with our Privacy Policy. This policy may be revised periodically.

Your Obligations

Cannot assign your account to any other party, including affiliated entities;
Must safeguard the confidentiality and security of all login information and Card(s). Adelaide’s Finest Online won’t be held accountable for any unauthorised intrusions into the Customer’s account or misuse of their Card(s);
If you become aware of any unauthorised use of your LoginID, password, or account, or any other security concern related to your account, please inform us immediately by contacting our Customer Service Centre at 1300 304 348 during our operating hours.
You must provide us with your date of birth to place an Order for a Restricted Product (for example, a Product that contains liquor, alcohol or tobacco) or where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;
You are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
You may not have more than one active account, and your account is non-transferable.
You may not have more than two accounts per delivery address.
Can alter, refresh, or deactivate its account at any given time through a Site.
If you opt to use a corporate email address for initiating the Customer’s account or to access a Site, they are obligated (on behalf of the Customer as well) to abide by any regulations, policies, or procedures linked to that email’s usage.
You should check the labels on the Products before consumption or use.

Precision of Site Information

Adelaide’s Finest Online strives for utmost accuracy and does its best to ensure that the information, particularly product descriptions and other content provided by its suppliers, is as accurate as possible. However, we cannot guarantee that it’s always complete, up-to-date, or without errors.
Where a Product displayed or advertised for sale is misdescribed (including wrong price, incorrect or insufficient quantity and quality) our liability to you is limited to a refund of the Fee paid for the Product.

Risk and Title in The Products

Risk and title in the Products passes to you upon delivery or collection following online payment for the Products, either at the Delivery Address (including an Unattended Delivery at the Delivery Address, In-Car Collect or In-Store Collect outlet).
For liquor, title passes directly from Mr Nick’s Cellars to you upon delivery or collection following online payment.

Restricted Products

The Customer (and the Authorised Personnel):

Recognise that selling or supplying alcohol or tobacco Products to, or procuring alcohol or tobacco Products for, anyone under 18 years of age is unlawful.
Affirm that they are not procuring alcohol (including liquor Products) or tobacco (including tobacco Products) for anyone below 18 years of age.
If the Authorised Personnel representing the Customer is below 18 years old, they are prohibited from using the Site to order Restricted Products.
Adelaide’s Finest Online holds the right to refuse the delivery or completion of orders for liquor or other Restricted Products if doing so would conflict with our legal obligations.
The delivery of alcoholic beverages complies with liquor licensing regulations and will not be conducted to Customers identified as restricted or to individuals who are under 18, intoxicated, or unruly.
If the aforementioned conditions are not satisfied concerning the provision of tobacco, alcohol, or similar items, Adelaide’s Finest Online has the right to cancel your order, either wholly or partially. Deliveries containing tobacco, liquor, or any other items with age restrictions will never be left unattended. It is the responsibility of the customer to ensure they are present to accept all deliveries at the time the delivery is made.

Products Not for Commercial Resale

Unless specified otherwise, the Customer is not authorised to buy items for commercial resale to a third party or for business purposes. If Adelaide’s Finest Online has grounds to question the quantity of items the Customer has ordered, we may reach out to the Customer to examine the Order. Adelaide’s Finest Online retains the right to revoke an agreement to provide Products when it reasonably concludes that the Customer has surpassed the maximum number of items in a single Order.

Product Purchase Limits

Unless specified differently on the Site, you can buy up to 36 units of a specific Adelaide’s Finest Online Product in each order. There might be stricter limits for certain products or specific regions, as we decide and inform you occasionally. These limits will be communicated on the Site when you place your order with Adelaide’s Finest Online or within a reasonable timeframe after you’ve submitted your order.

Acknowledgement of Product

You acknowledge that you will read all Product packaging and only consume or use a Product in accordance with its instructions and intended purpose.

Acceptance or Rejection of an Order

Adelaide’s Finest Online holds the authority to decline any Customer Order, be it due to the unavailability of the requested Product, errors in the Product’s price or description on the Site, mistakes in the Customer’s Order, or if the customer account is under a credit block.
Every Product Order made through the Site that Adelaide’s Finest Online accepts creates an individual contractual commitment between the Customer and Adelaide’s Finest Online for the delivery of the Ordered Products. For all accepted Orders, Adelaide’s Finest Online will provide the chosen Products in accordance with these Terms & Conditions.
Should Adelaide’s Finest Online turn down an Order made by the Customer via the Site, Adelaide’s Finest Online will make a reasonable effort to inform the Customer of this decision either at the time of Order placement or within a reasonable timeframe after the Order has been declined.
We might cancel your Order under the following conditions:

1. If there were discrepancies in the description or price of any Goods in your Order.
2. If there’s suspicion of fraudulent activity.
3. If your Order violates this Agreement, other relevant Terms and Conditions, or any law.
4. If we can’t fulfill your Order due to the unavailability of the products at our stores or fulfillment centres.

Authorised Receipt of Products

Adelaide’s Finest Online and its Delivery Partners reserve the right to verify the identity of anyone placing, collecting, or receiving an order.
This may include, but is not limited to, asking for identification and/or proof of purchase. For regular home deliveries, anyone present at the Delivery Address (or upon collection) who accepts the Products is presumed by Adelaide’s Finest Online to be authorised to receive them.
For Unattended Deliveries, there’s no need for an authorised individual at the Delivery Address to receive the Products.

Order for Products

After submitting an Order via our Website (or such other means as we may accept) you will receive an email acknowledging that we have received the Order.
We will then have one Business Day, commencing on the next Business Day after the Order was submitted, to either accept or reject your Order, at our sole discretion. If you have not received notice of our rejection of the Order within One Business Day or the delivery is made then we have accepted it.
Notwithstanding the above, we endeavour to complete and deliver all accepted Orders received before midnight before a Designated Delivery Day.
Order’s must be placed at least the preceding Business Day before the requested Delivery Date unless it’s for Same Day Delivery.
Your Delivery Location must be within one of our registered postcodes on our website (available at [website address of postcodes where home delivery is available] otherwise an order shall be immediately rejected.
All Products supplied under these Terms and Conditions are not for resale or on-supply and you agree to indemnify Adelaide’s Finest Online against any loss, damage and expense caused due to your resale or on supply of any Product.

Delivery of Products

We commit to delivering Products Ordered solely to areas covered by our delivery services.
Customers can seek additional details about our delivery timelines and procedures on our Site.
Deliveries are made to the specified Delivery Address provided by the Customer when placing the Order.
If the customer desires delivery inside a building or premises at the Delivery Address and we accept, the customer assumes responsibility for any loss or damages incurred by us while delivering beyond the main entrance, unless the deliverer is grossly negligent or intentionally inflicts damage.
Certain delivery stipulations are outlined below, and customers are expected to adhere to these and any other requirements shared during Order placement.
1. For first-time orders or those containing Restricted Products, a person must be present to accept the delivery. We may ask this person to provide photo identification.
2. Our team may ask the authorised person receiving the delivery to show proof of identity and, when necessary, proof of age.
3. If no one (or no eligible individual, e.g., someone over 18 for Restricted Products) is at the Delivery Address, or if the “bagless to bench” service was chosen and no one is present, or if the required authorised person are absent during delivery, then:
4. The Ordered Products will not be delivered, and we may impose a fee of up to $25, inclusive of charges for any perishable items in the acknowledged Order.
5. In scenarios where no one or no eligible individual is at the Delivery Address, we’ll make an effort to get in touch with the customer, or they can reach out to us to reschedule the delivery. This may come with an additional Delivery Fee.
Excluding the stipulations in paragraph (e) for initial orders or those containing Restricted Products, the customer:
1. Agrees that anyone present at the Delivery Address and accepting the Products is authorised to do so and, if needed, make the requisite payment; and must ensure that individuals receiving Restricted Products, like tobacco or alcohol, are legally of age.
2. When there are multiple orders delivered to various places:
The guidelines in this section are considered separately for each delivery;
1. Should the address of any delivery location alter, we need a written notification 24 hours in advance;
2. Adelaide’s Finest Online is not accountable if changes regarding delivery addresses, product quantities, or delivery dates are communicated with less than a 24-hour notice.
We uphold the right to deny delivery of:
1. Alcoholic products to someone who is inebriated or below the legal drinking age; and any Restricted Product to someone not legally of age.
2. Both the customer and authorized personnel acknowledge that we might document the details of any identification shown during the product delivery.

Home Delivery

When placing the Order, you can specify:
1. Your desired delivery date and time (though we can’t assure delivery on this date and time, as it may depend on your Delivery Location, our servicing schedule in that area, or other unforeseen events);
2. Your Delivery Location; and
3. Delivery instructions, which may include a secure and dry location where the Product can be left in case you’re not present.
Please ensure this information remains current and accurate.
Our Fee encompasses the delivery charges. However, should we find that your Delivery Location or the surrounding circumstances might raise our delivery expenses or time, or if they’re not as described, we retain the right to impose an extra delivery fee.
Should we arrive at the Delivery Location and find it impossible to safely deliver the Product – for instance, if the delivery is denied or if we judge it could pose a risk to Adelaide’s Finest Online’s staff or the Product, our approach will be to:
1. Return the Product to our storage facility;
2. Notify you explaining the reason for the failed delivery; and
3. As per your request, attempt another delivery, keeping in mind we may charge reasonable costs for this service.
If we’ve made efforts to deliver an Order but couldn’t due to the stipulations in clause (e), the Order is considered complete, even if you haven’t received the Product.
Post-delivery to the specified Delivery Location, you bear all responsibility for the Product, including risks such as theft, damage, and any degradation.
If you prefer, you can opt to pick up the Product from us directly. In this case, it will be prepared for you on a date and at a time and place mentioned in the Order or communicated to you in writing.
When collecting the Product, we might, at our discretion, ask for identification proof. If not satisfied, we reserve the right to deny the collection.
We aren’t obligated to provide evidence of delivery or collection.

Adelaide’s Finest Online Pick-Up Services

Pick-up services, including In-Store Collect and In-Car Collect, are available at designated Adelaide’s Finest Online supermarkets.
Your order collection availability is determined by the time slot you selected during the ordering process.
Failure to collect your order within this window could result in a cancellation fee. As a In-Store Collect user, you determine whether your items are prepared as Packed or Bagless for collection.
Please adhere to the following collection guidelines outlined here and any additional directions provided when initiating a In-Store Collect or In-Car Collect order via our Site:
Ensure to collect your items from the supermarket you specified during your order.
A photo ID and signature are necessary for order collection at the store.
If someone else is picking up on your behalf, they must present their photo ID, the order number, and, if applicable, proof of age.
If the necessary identification isn’t presented:
1. Your order won’t be released for collection; and a fee up to $25 might be applied, along with charges for any perishable items within your accepted order.
Failure to collect within the designated window might result in a fee up to $25 and charges for any perishable items in your accepted order. Should this occur, we will attempt to contact you. Alternatively, you can reach out to reschedule the collection, which might entail an additional fee for the rearranged order.
It’s your responsibility to ensure that any individual collecting alcohol or other age-restricted products meets the legal age requirement, typically 18 years or as mandated by law. We reserve the right to refuse the collection of:
1. Alcoholic items to anyone appearing intoxicated or not meeting the legal age requirement.
2. Please be aware that we may document details from any identification shown during the product collection process.
3. When opting for our In-Store Collect or In-Car Collect service, the license holder of the respective outlet fulfilling your order ensures your products are ready for pick-up at the specified store.

Remote Delivery

Adelaide’s Finest Online works with a number of couriers in South Australia, to help get fresh groceries to our customers no matter where they live. Sometimes this means your order will involve additional courier charges. For more information on remote deliveries, please call 1300304348 or email customerservice@bananablue.com.au
If the Customer’s Order is made to a remote location, remote delivery fees shall apply For the purposes of these Terms & Conditions, deliveries can only be made within South Australia.

Large/Bulk Orders

If we categorise an Adelaide’s Finest Online Order as a Bulk Order, your order might incur a handling fee based on its size. Situations where we define orders as “Bulk Orders” include:

An order for Adelaide’s Finest Online products that exceeds typical retail quantities;
Orders weighing over 250 kg, as these necessitate specialised handling and transportation resources; and
Multiple orders made within any 7-day span where the combined volume meets or surpasses the bulk order criteria.
If your Adelaide’s Finest Online Order is identified as a Bulk Order, we’ll reach out to you promptly after you’ve placed your order to inform you about the exact handling fee associated with it.
If you’re uncertain whether your Adelaide’s Finest Online Order qualifies as a Bulk Order and wish to determine the specific handling fee before placing your order, please get in touch with our Customer Service Centre at 1300 304 348 during our available hours.
We appreciate your orders with Adelaide’s Finest Online. To serve you more effectively, we kindly ask that you contact our Customer Service Centre at 1300 304 348 at least 7 days before placing any Bulk Orders. This ensures we have sufficient stock ordered and ready to meet your needs.

Additional Delivery Fee

For standard home deliveries, if no one is present or of suitable age at the Delivery Address to receive, sign for the Order when the Products are delivered, the Products will not be left at the Delivery Address (unless we can reach you to confirm your acceptance of an Unattended Delivery).
If the Products cannot be delivered or if you choose not to accept an Unattended Delivery, we will attempt to contact you and may apply an additional delivery fee. A cancellation fee may also be incurred.

Order Management

You may request to vary an Order including the:
1. kind and quantity of Product;
2. delivery Location; and
3. delivery Date.
All requests under clause 17.a must be submitted by no later than 24 hours prior to delivery being made and we may refuse a variation not received by that time
A variation may result in increased delivery costs or Fees, which will be displayed to you at the time of requesting that variation.

Order Cancellations

We reserve the right to cancel an Order or part of it (even those we’ve previously accepted) without being liable to the Customer under the following conditions:
1. The items in the Order are out of stock.
2. A discrepancy exists in the price or description of the Product on our Site.
3. The Order violates these Terms & Conditions.
Upon cancellation because of:
Product unavailability or discrepancies in pricing or description: We’ll notify the Customer in a timely manner and won’t bill them for the cancelled items. Should any payments have been made, the full amount, inclusive of delivery or other related fees, will be reimbursed to the Customer using the initial payment method or another suitable option.
A breach of these terms by the Customer: We’ll offer the Customer timely notice of the cancellation. If the Order cancellation happens before the delivery or pick-up date, the entire payment, inclusive of delivery or any associated fees, will be refunded using the initial payment method or another option. However, if the cancellation is made on the intended delivery or collection day and assuming we haven’t breached any terms, a cancellation fee might apply. This will be the lesser of $25 or the total paid, alongside charges for perishable items in the Order. If the paid amount surpasses $25 and the charges for perishable items, the difference will be returned to the Customer using the original payment method or another suitable means.
Customer’s Cancellation Rights
Customers can cancel their Order (irrespective of our acceptance) in several ways:
Via our Site, by phoning 1300 304 348, or by sending an email to customerservice@Adelaide’sFinest.com.au at least 24 hours before the designated delivery or pick-up window ends (as outlined on our Site). No additional fees will be applied if the Order is cancelled within this time.
In other situations, by getting in touch with our Customer Service at 1300 304 348 during working hours. Here, if an accepted Order by us is cancelled:
Before its delivery or collection date, there won’t be any additional fees.
On its intended delivery or collection day, a cancellation fee may be imposed, being the lesser of $25 or costs arising from the cancellation alongside charges for perishable items ordered.
If the Customer decides to cancel an Order for which payment has been made, the total amount, including delivery and other associated charges, will be reimbursed using the original payment method or another suitable means.
In cases where cancellation pertains to just one location, the stipulations in this clause will be considered as if that cancellation corresponds to a single Order.

Introductory Offers and Discounts

We may from time to time offer new and/or existing customers special offers, which we reserve the right to cancel or suspend at any time without notice.
Introductory offers shall only be available to you once, unless the offer expressly includes previous customers. If you or a member of your household have previously placed an Order or created a Customer Account you are not entitled to participate in or claim an introductory offer.
After any introductory or discounted offer ends all subsequent Orders shall be charged at the Fees prescribed on the Site and the Order.
We may from time to time offer discounts or ‘specials’ on certain Products which shall be advertised on our Site under ‘Specials’, this is subject to availability and maximum and minimum Order quantities.
We may, for any reason, restrict or refuse you from receiving a special offer or discount. We will however endeavour to provide notice before you take-up the offer or commit to an Order.

Invoice and Payment

The outlined Fees and Delivery Fees in the Order are payable at:
1. the moment the Order is made; or
2. billed to your selected payment method linked to your Customer Account. You grant us permission to deduct these Fees prior to the Delivery Date of each Order.
We accept the following credit cards:
1. MasterCard
2. VISA
3. AMEX
4. Diners
Should Adelaide’s Finest Online impose card processing fees, they need to be settled through eftpos, credit, or debit.
When you decide to pay for your Order using a credit card, you allow us to either pre-authorise or charge the relevant amount for an approved Order from your designated credit card to cover the costs.
Customers should never pay, or try to pay, for products using deceptive or illicit methods.
1. You are responsible for ensuring:
2. the payment method details are current and accurate; and
3. there are adequate funds during the payment process.
4. You guarantee that you possess the necessary authority to let us charge the Fees to your chosen payment method.
Regarding the storage and handling of your payment details:
1. Adelaide’s Finest Online neither gathers nor retains payment data. All such details are captured and saved by the relevant third-party for necessary processing.
2. We never keep complete debit/credit card information on file permanently.
3. All online card transactions on our Website are secured through a protected gateway.
4. Full card details cannot be seen by Adelaide’s Finest Online or any third party, except for the authorised third-party responsible for payment processing.
Pre-authorisation of Payment: For specific payment methods, including debit and credit cards, Adelaide’s Finest Online might pre-authorise the due amount for your Order. The full charge, adjusted for unavailable items or products with weight variations, is applied when your Order is prepared.
You authorise Adelaide’s Finest Online to pre-authorise the due amount for an approved Order using your chosen card.
Failed Pre-authorisation: If we fail to process the pre-authorisation of payment for your Order, the Order will be nullified.
Understanding Pre-authorisation:
1. Pre-authorisation places a temporary hold on the projected order value against your card’s available funds. After placing your order, you’ll notice a pending transaction. The actual deduction only occurs once our team finalises the order.
If, for some reason, payment for your Order is not processed (e.g., insufficient funds), we might:
retry the payment;
1. dispatch your Product and later seek to reclaim the amount due;
2. if any payment remains due post-delivery, a potential late payment fee might be applied;
3. your current Order or subsequent Orders could be suspended due to the pending payment.
Order invoices will be sent to your chosen email.
You forfeit the right to contest any invoice item not reported in writing (with adequate details) to Adelaide’s Finest Online within 10 Business Days post-receipt.
Unless otherwise indicated, the Fees include GST.
You will bear the costs, including legal or debt recovery expenses, if we have to recover any overdue amounts, including wrongful credit card chargeback requests.

Fraud and Risk Assessment

Adelaide’s Finest has established measures to help identify transactions that might be illegal or violate our terms. We might reach out to you via phone or email to validate your payment and information details. If we can’t verify these details, your Order may be cancelled. If you’re uncertain about the authenticity of someone claiming to be from Adelaide’s Finest, please get in touch with our Customer Service Centre at 1300 304 348 during Contact Hours.

Fee Adjustments

We can revise our Fees and Delivery Fees, notifying you in writing prior to you submitting an Order.
We aim for precise pricing on our Website and other platforms. However, occasional errors may arise. We reserve the right to correct pricing and to cancel and refund Orders (even post charging your card or account) in the event of an evident mistake.

Substitutions

We deliver an Order once and don’t split an order as Products become available unless we in our sole discretion choose to do so. Unless you ‘opt-out’ at the time of your Order, we will select a substitution for a Product that is out of stock. Substitute items are charged at the lower of the original and the substitute price.
If you’re dissatisfied with the Substitute and it is non-perishable and in the same condition as when delivered you may return the Product to us at your next Delivery and we will credit you the value of the Product once returned.
Where a Product has been substituted, we cannot ensure that it caters to your specific dietary requirements, including allergies. Please read the labels of each Product (and any substitute) for dietary and allergy information.
If you ‘opt-out’ of substitution and your Product is unavailable then we will Credit to you the value of the unavailable good against your next order. Any cash refunds must be agreed in writing with us.

Defects

If you are a consumer (as defined in the Australian Consumer Law) in relation to these Terms and Conditions, the following provisions shall apply in relation to that Contract as to comply with section 102 of the Australian Consumer Law and regulation 90 of the Competition and Consumer Regulations 2010.
Subject to applicable laws (if any):
1. a claim that Product is defective for reasons that are Adelaide’s Finest Online’s responsibility is not valid unless advised in writing (with reasonable details) to Adelaide’s Finest Online within 5 Business Days from delivery of the Product;
2. Adelaide’s Finest Online may decline a claim for defective Product if you do not take reasonable steps to preserve the Product pending an inspection by Adelaide’s Finest Online.

Warranties

If you store, handle or use Product other than in accordance with Adelaide’s Finest Online’s instructions, Adelaide’s Finest Online may deem the warranty to be void.
If a claim for defective Product is found or admitted to be without merit or caused by your conduct or misuse, Adelaide’s Finest Online may recover from you as a debt all reasonable costs we incur investigating the claim.
A defect in the Product must appear within the used by or best before date specified on the Product.
To claim the warranty you must notify Adelaide’s Finest Online as stated in term (b(i)) and make the Product available to Adelaide’s Finest Online to collect.
You bear the expense of claiming the warranty against defects.
If the Product is defective Adelaide’s Finest Online honours its warranty against defects by taking one or more of the actions, at its election:
1. provide a refund;
2. provide a replacement Product; or
3. if appropriate repair the Product.
The benefits to you given by the warranty are in addition to other rights and remedies under a law in relation to the goods or services to which the warranty relates.
If Adelaide’s Finest Online is to replace Product that is, or likely to be defective for reasons that are Adelaide’s Finest Online’s responsibility, then Adelaide’s Finest Online retains or resumes ownership of the original Product.

Returns

The Adelaide’s Finest Supermarkets Returns Policy applies to all purchases of Adelaide’s Finest Products using the Site and forms part of these terms and conditions.
If you wish to return an Adelaide’s Finest Product in accordance with our Adelaide’s Finest Supermarkets Returns Policy, then you may:
Return the Adelaide’s Finest Product to one of our supermarkets; or
Contact our Customer Service Centre on 1300 304 348 during Contact Hours to arrange the return of that Product. In such a case, you can return the Product to us at the time we deliver your next Adelaide’s Finest Order. Once the driver confirms receipt of the goods, we will process a refund to your card of purchase, with the funds typically available within 3-5 business days.
The Adelaide’s Finest Supermarkets Returns Policy operates in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law.

Credit & Refunds

We are unable to offer a refund merely due to dissatisfaction, where no defect exists, with the Product or change of mind.
Adelaide’s Finest Online warrants that the Product it provides to you will be provided diligently, and will meet comparable industry standards, subject to any written qualification.
You can make a claim for a refund or credit if:
1. You believe that you did not receive or collect Products that you were charged for and notify Adelaide’s Finest Online within 14 days.
2. There is a fault or defect with Products you have purchased, and you notify Adelaide’s Finest Online within a reasonable period of time
Adelaide’s Finest Online does not guarantee that the delivery of the Product will be free from disruption.
Adelaide’s Finest Online does not warrant that the Product will be fit for any specific purpose, unless stated in writing.
To the greatest extent permissible by law, Adelaide’s Finest Online disclaims any and all implied warranties with respect to the provision of the Product beyond the warranty contained in this clause.
Where a warranty cannot be excluded, you agree that our liability will be limited to the resupply of the Product to you, or the cost of resupplying the Product to you.

Short Delivery

A claim that a delivery of Product was not of the kind or quantity of Product Ordered is not valid unless advised in writing (with reasonable details) to Adelaide’s Finest Online within 5 Business Days after delivery.
Where you claim there is a shortfall in supply of the Product the parties shall:
endeavour and co-operate in investigating and resolving, if found, a shortfall;
if the parties cannot agree a resolution within 5 days then Adelaide’s Finest Online shall arrange for the Product to be weighed and certified;
If a shortfall is found upon certification then Adelaide’s Finest Online shall make up the shortfall and bear the cost of the certification; however
If upon certification there is found no shortfall then you shall bear all costs of the certification, including transport and delivery.

Indemnity

To the extent permitted by law, you indemnify (and agree to keep indemnified) Adelaide’s Finest Online and Adelaide’s Finest Online’s personnel from and against any loss (including legal costs and expenses on a solicitor/own Client basis) or liability incurred or suffered by any of those indemnified arising from any claim, suit, demand, action or proceeding by any person against any of those indemnified arising out of or in connection with your use of the Product.
The above indemnity will not apply to the extent that the demand, claim, action or proceeding has resulted from the negligence of Adelaide’s Finest Online.
These terms do not exclude, restrict or modify the statutory guarantees the Australian Consumer Law implies.

Notice

Any notice, consent, agreement, request, direction, submission, offer, acceptance, rejection or other communication given under or in relation to these Terms and Conditions must be in writing, and delivered personally or by pre-paid registered post or email to the addresses to:
1. In your case the address specified on your Customer Account via our Website;
2. Adelaide’s Finest Online’s case the address notified to you from time to time; or
3. Notices will be deemed to have been delivered on the third business day after they have been sent (if by post), or on the next Business Day after they have been sent (if by email).

GST

Unless otherwise specified in this Agreement, the consideration expressed in this Agreement or the quote for any taxable supply made under or in connection with this Agreement includes GST.
The recipient of a taxable supply under or in connection with this Agreement must, in addition to and at the same time as the GST exclusive consideration is payable, pay to the supplier an amount equal to the amount of GST imposed by the GST law from time to time on taxable supply.
The additional amount is not payable unless the supplier provides to the recipient a tax invoice which is an approved form for GST purposes.

Entire Agreement

The Terms and Conditions contain the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it.

Assignment or Transfer

Adelaide’s Finest Online may assign its rights and obligations under the Terms & Conditions without notice to you.
Your rights and obligations under this Agreement are personal and may not be assigned or transferred without Adelaide’s Finest Online’s prior written consent.

Governing Law and Jurisdiction

This Agreement is governed by the laws of South Australia.
Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in South Australia in connection with matters concerning this Agreement.

Severability

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.

Force Majeure

Adelaide’s Finest Online is not liable for any delay or failure to perform its obligations including but not limited to the fulfilment of an order or a delivery if such failure or delay is due to an act, omission, or circumstances over which it could not have reasonably exercised control or taken steps to anticipate or avoid.

Intellectual Property

No Intellectual Property is transferred or assigned between the parties by virtue of these terms and conditions.
You grant to us an irrevocable, global, sub-licensable, royalty free licence to any Product feedback or comment (including image, video, photograph and drawing of the Product in use) you may provide to us, via any medium including social media.

Social Media

If you post comments on to any website, article or social media network which Adelaide’s Finest Online owns, publishes or controls (Commentary) you must ensure that such Commentary is not defamatory of us or any third party and agree to indemnify us against any claim (including and subsequent loss, damage or expense) arising from the Commentary.
By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary in any advertising or social media outlets which we may create or contribute to.

Interpretation and Definitions

Unless the contrary appears:

The singular includes the plural and vice versa and words importing a gender include other genders; Reference to any legislation or any provision of any legislation includes any amendment, modification, consolidation or re-enactment of the legislation or any legislative provision substituted for and all legislation and statutory instruments of and regulations issued under the legislation; Other grammatical forms of defined words and expressions have corresponding meanings; A reference to a clause, paragraph, schedule or annexure is a reference to a clause or paragraph of or schedule or annexure to these Terms and Conditions and a reference to These Terms and Conditions includes its schedules and annexures; Words importing persons include firms, bodies corporate, unincorporated associations or authorities; A reference to a person includes both natural persons and incorporated or unincorporated bodies, and further includes a reference to the person’s executors, administrators, successors, substitutes and assigns; An agreement, representation, warranty or indemnity given or undertaken by 2 or more persons binds them and is given jointly and severally; Headings are for ease of reference only and do not affect the construction of These Terms and Conditions; A reference to an amount of money is a reference to the amount in a lawful currency of the Commonwealth of Australia; A reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in Adelaide, Australia even if the obligation is to be performed elsewhere.

The following terms have the following meanings, unless the contrary appears:

Business Day means a day on which all banks (as defined in the Banking Act 1959) with offices in the City of Adelaide are open for business in the City of Adelaide.

Business Hours means between the hours of 9.00am and 5.00pm (South Australia time).

Confidential information means and includes any information that by its nature is confidential, is designated by a party as confidential, or the recipient knows or ought to know is confidential but does not include information which:

is or becomes public knowledge other than by breach of this Agreement;
was known by the recipient as at the date of this Agreement; or
has been independently developed or acquired by the recipient without reference to the disclosing party’s Confidential Information.

where the burden of establishing any of the exceptions referred to in (a), (b) and (c) shall be upon the recipient.

Customer or You means the person purchasing the Product as identified in an Order.

Customer Account means your account with us created on our Website through which you can manage your Orders.

Delivery Date means the date for delivery or collection from us of the Product to you on one of our Designated Delivery Days specified in the Order.

Delivery Fee means the fee (if any) we will charge you for delivery of the Product in an Order and as specified in the Order.

Delivery Location means the location you have notified to us for delivery of Products, which must be within the Delivery Radius, but cannot be a post office box.

Delivery Zone, Area or Radius means the geographical area we deliver Orders to. Any Order which specifies a Delivery Location outside this area may be refused. Our Delivery Radius may be found on our Website or by contacting us and is updated from time to time at our sole discretion.

Designated Delivery Days means the days of the week on which we deliver Product as notified on our Website, which we may vary from time to time at our sole discretion and without notice.

Fees mean the amount you will pay to us for the Product as specified in the Order and varied in accordance with these terms.

GST Law means A New Tax System (Goods and Services Tax) Act 1999 as amended or replaced from time to time and also includes any associated legislation and delegated legislation.

Intellectual Property includes all statutory and other proprietary rights in respect of copyright and neighbouring rights, all rights in relation to inventions (including registered and not yet registered patent rights), plant varieties, circuit layouts, registered and unregistered trademarks, designs, the right to have Confidential Information (including trade secrets and know-how) kept confidential, and all other rights resulting from intellectual activity in industrial scientific, literary or artistic fields.

Order means the Product you have ordered from us, which will include the type and quantity of product along with the Fee, Delivery Location and estimated Delivery Date.

Product means each product, good and/or service which Adelaide’s Finest Online agrees to supply to you in an Order or on an once off basis.

Substitute means a product, in our reasonable opinion, which is of the same kind, quantity and relative quality as a Product we’ve agreed to supply.

Site or Website means Adelaide’s Finest Online’s website www.adelaidesfinest.com.au, together with each of its subdomains.