Legal Bits

1. General

1.1 This site (www.theoriginalorganic.com.au) is a shopping website where you can browse, select and order products from Wholesomely Different - ABN 38716346543 (“The Original Organic Company”, “our”, “us” or “we”).

1.2 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. Your access to and use of the site, including your order of products through the site, is subject to these terms and conditions.

2. Agreement to the Terms and Conditions

2.1 By accessing and using the site, completing your registration through the site and placing orders of products through the site, you agree that you will be subject to and will comply with these terms and conditions.

2.2 We reserve the right to vary these terms and conditions at any time, and by continuing to use the website you consent to any variations. You will be required to expressly agree to the terms and conditions at the checkout of each purchase you make.

3. User Accounts

3.1 To select and make an order on our website, you will be required to register a user account. Any personal information that you give us will be held and used by us in accordance with our privacy policy, as outlined below. We take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to an error in transmission, virus or malware.

3.2 When you use this website you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer.

4. Privacy Policy

4.1 The personal information you provide us with is stored in our database. This system is password protected and your personal information is never disclosed to a third party. All reasonable steps are taken to ensure your personal information is protected from misuse, loss, unauthorised access, modification or disclosure.

4.2 We may collect information from you, such as;

(a) Shopping preferences and shopping history,

(b) Marketing preferences including the type of marketing materials you wish to receive and how you would like to receive them,

(c) Information you provide via customer service in relation to products and services,

(d) Responses you may provide as part of a survey,

(e) Device identification information when you use a computer, mobile phone, tablet or other device to use our website.

4.3 We may use cookies when you access our website. This allows us to recognise your browser and track the web pages you have visited. You can switch off cookies by adjusting the settings on your web browser.

4.4 To ensure protection of your credit card details, credit card payments are processed using Shopify's secure payment gateway. Any changes or updates to your payment information are made via this gateway. For security purposes, Wholesomely Different does not handle any credit card information via phone or email. All credit card details are encrypted and cannot be accessed by our customer service staff.

4.5 We may send you direct marketing communications and information about products and services offered by us via email or SMS. You can manage how you prefer to receive this information by adjusting the settings of your user account on our website. Alternatively, you can opt out of all marketing communications.

5. Ordering

5.1 Any order placed through this site for a product is an offer by you to purchase that particular product for the price specified (including the shipping fee and other charges and taxes) at the time you place the order.

5.2 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.

5.3 For all orders, there is a minimum transaction value of $50 (incl. GST), excluding the $9.95 flat-rate delivery fee for orders under $70.00.

5.4 To ensure the greatest level of accuracy and efficiency, all orders must be processed through our website (www.theoriginalorganic.com.au). We do not accept orders over the phone or via email.

5.5 You must ensure that all information provided by you in relation to your order is accurate, complete and up to date.

5.6 The confirmation you receive for your order is not your invoice. You will receive a digital copy of your invoice as the order is finalised and shipped.

5.7 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 an error in your order. 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.

5.8 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.

5.9 We do not accept changes made to an order that has been placed (such as adding or subtracting items from the order). In the case that you would like to make changes to an order you have placed, you will be required to cancel the order completely and place a new order via the website. Written cancellation of the order will need to be provided by you to our Customer Service team (info@theoriginalorganic.com.au) by the order cut-off time relevant to the delivery window you have selected to have the order delivered in. For example, for an order that you have selected to have delivered the next day, written cancellation is required before the order cut-off time for that delivery window. For more information on delivery windows and order cut-off times, please visit the Shipping Page of our website. If the order is cancelled by the relevant cut-off time, you will be refunded the value of the order placed, including the delivery fee within 3-5 business days.

5.10 Purchase of any items for resale to a third party or for trade purposes is not permitted. In the case that we have a concern with the quantity of item/s you have ordered, we reserve the right to reject your order. 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.

6. Shipping Policy

6.1 The Original Organic Company order deliveries are carried out by employees of our business.

6.2 Information regarding order deliveries, including pricing and processes, is stipulated under the Shipping Page of our website. We reserve the right to make changes to delivery prices and processes without obligation to issue any notice of changes. Any such changes will be updated as soon as is practical under the Shipping Page of our website.

6.3 Any specific delivery instructions for your order must be entered in the Order Notes in the checkout. The Original Organic Company cannot be held responsible for damage or theft of your order, provided it has been delivered in accordance with the delivery instructions specified by you.

6.4 Our employees from The Original Organic Company  will deliver the products to the front door at the relevant delivery address, unless other instructions are provided by you at the checkout under Order Notes. We are unable to deliver to a Post Office, Post Office Box or Parcel Locker. All delivery addresses must be a home, apartment or business.

6.5 If you ask us to deliver inside a premise or building at the delivery address, then you are responsible for any loss or damage suffered in connection with the delivery of the products beyond the front door of the delivery address.

6.6 Apartment buildings and gated communities: if the deliverer requires access through a security door to deliver your order, you will need to be home at time of delivery. If you are not home and are not contactable by phone, the delivery driver will bring your order back to our warehouse. If we arrange a new delivery window with you, you will be charged a second delivery fee of $25 for that order.

6.7 While all effort is made to ensure that your order arrives within the delivery window specified by you, due to circumstances out of our control, such as traffic, we cannot guarantee that the order will arrive within this window.

6.8 We cannot hold responsibility for damages to, or spoiling of items in your order that occur subsequent to the delivery of your order. If you receive an item from us that is faulty or not as described, please bring this to our attention within 24 hours of delivery so that we can assist you with an appropriate solution.

6.9 If there is no one, or no appropriate person at the delivery address to receive the order or (if you are required to be present at the time of delivery and you are not present at that time), then:

(a) we will not deliver the products you have ordered; and

(b) we may charge you an administration fee of up to $25, plus the charges for any perishable products in your order that we have accepted.

In this instance, we will endeavour to contact you to arrange delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.

7. Payment Methods

7.1 The Original Organic Company uses Shopify's secure payment gateway to process all payments.

7.2 Payments are accepted from Visa and Mastercard credit cards.

7.3 Your payment will be processed at the time your order is completed and confirmation that we have received your order is emailed to you.

7.4 Our customer service staff will not handle any credit card information via phone or email.

7.5 All credit card details are held by Shopify and cannot be accessed by our staff. Any changes or updates to your payment information are processed via this gateway.

8. Pricing & Availability

8.1 The Original Organic Company  is an Australian business, and all prices are listed in Australian dollars and include GST where applicable.

8.2 The inclusion of any products or services on this site at a particular time does not guarantee that the products or services will be available.

8.3 We reserve the right to withhold products from your order that are in stock at the time of completing your order, but at the time of picking and packing are either not available or do not meet our standards of quality. On the occasion that this occurs, we will not substitute the product with that of another brand or supplier, as we believe that you have browsed for, and selected that particular product in line with your own personal tastes and criteria.

8.4 We may cancel any order or part of 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.

8.5 If we cancel an order 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 delivery fee will be refunded to your original payment method.

8.6 If we cancel an order where you are in breach of these terms and conditions, we reserve the right to cancel your order, in which case we will endeavour to provide you with reasonable notice of that cancellation. If your order is cancelled before the day of delivery, then the full payment amount, including delivery fee will be refunded to your original payment method. If your order is cancelled on the day of delivery, then we may charge you a cancellation fee of $20. If any payment has been made in excess of $20, we will refund the excess amount to your original payment method, excluding charges applied for perishable products that were ordered.

9. Promotions

9.1 All reasonable effort is made to ensure that there is sufficient available stock of products advertised on promotion on the website. Where there has been a greater demand than the supply, we reserve the right to withdraw the promotion from the website before the advertised termination time and date.

9.2 To ensure fairness to all customers, we reserve the right to restrict the quantity per customer of products advertised on promotion on the website.

10. Accuracy of Content

10.1 The information on this site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors in a timely manner.

10.2 We reserve the right to:

(a) revoke any stated offer;

(b) correct any errors, inaccuracies, or omission; and

(c) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).

10.3 Unless expressly indicated in the product description, The Original Organic Company  are not the manufacturer of the products sold on our website. While we work to ensure that product information on our website is correct, manufacturers may alter their product information. Actual product packaging and materials may contain more and/or different information than shown on our website. You should always read the labels, warnings and instructions provided with the product before using or consuming it and not solely rely on the information presented on our website. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that product. If you have any specific product queries, please contact the manufacturer.

10.4 This website may contain links to other sites to provide useful, topical information to our customers. We are not responsible for the content, accuracy or privacy policies of these external sites. The provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website.

11. Risk and Title

Risk in the products passes to you on the date and time of delivery to the delivery address. Title to the products passes to you at the date and time of:

(a) payment for those products; and

(b) delivery of those products to the delivery address.

12. Refund and Return Policy

12.1 We have quality control systems in place to ensure that we provide only best quality produce and products. If you receive an item from us that is faulty or not as described, please bring this to our attention via email (info@theoriginalorganic.com.au) within 24 hours of your order being delivered so that we can discuss an appropriate resolution. In accordance with the Fair Trade Act, for items that are faulty or are not as described, we will issue you with a refund of the full amount paid by you for that product within 3-5 business days.

12.2 Please select and crosscheck your order very carefully, as we do not accept returns or offer exchange, credits or refunds for any items that are incorrectly ordered by you.

12.3 If we have supplied you with an item incorrectly or provided the wrong item in error, we will issue you with a refund of the full amount paid by you for that product within 3-5 business days. If you have used the item or have thrown it away, we reserve the right to reject your claim for a refund.

13. Packaging

You are responsible for the disposal of all order packaging provided to you by us.

14. Disclaimers

We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

15. Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

16. Force Majeure

If a “force majeure” event occurs, causing delay that continues for more than 14 Days, we may terminate this agreement provided we have given you reasonable notice. “Force majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

17. Jurisdiction

17.1 These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those courts.

17.2 If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

18. Intellectual Property

18.1 When you visit our website, we give you a limited license to access and use our information for personal use.

18.2 You are permitted to download a copy of the information on this website to your computer for your personal use, on the condition that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

18.3 The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. Further, this license does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

18.4 The copyright to all content on this website including; applets, graphics, images, layouts and text belongs to us, or has been licensed to us.

18.5 All trademarks, brands and logos generally identified either with the symbols TM or ®, which are used on this website are either owned by us or we have been licensed to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

19. Contact Information

The Original Organic Company team can be reached by email at info@theoriginalorganic.com.au.