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Online shop – Terms and Conditions

  1. Introduction
    1. The Rotary Club of Concord (“RCC”) operates the Concord Farmers Market (“CFM”) online shop website at shop.concordfarmersmarket.com.au (the “Website”). The terms and conditions on which you use and access the Website are set out below.
    2. RCC may amend the Website terms and conditions from time to time, with the amended version applying from the date they are posted on the Website, as indicated at the bottom of this page. If you don’t agree with the current Website terms and conditions then you should stop accessing and using the Website.
  2. How the Website operates
    1. As the operator of the Website, RCC’s role is to provide a platform through which CFM stallholders can sell goods or services to members of the public. The Website is intended to facilitate online purchases in order to support the sustainable operation of CFM stallholders and the physical market.
    2. Except as expressly set out in the Terms of Use or otherwise required by law (including, without limitation, the Australian Consumer Law), RCC does not have any responsibility or liability in connection with a) the goods or services listed by CFM stallholders; b) any information displayed about those goods or services; or c) any transaction for the purchase or sale of those goods or services.
    3. RCC is not responsible for, and does not provide any ongoing review of, any content, images, artwork, good or service details, or any other material created or submitted by or on behalf of a CFM stallholder for display on the Website (“Seller Content”). RCC does not warrant the truthfulness, accuracy, reliability or completeness of any Seller Content. Be aware that Seller Content (including photographs, illustrations, artwork and other graphic materials, names, logos and trademarks) may be protected by copyright, trademark and other intellectual property laws that restrict your use of that Seller Content.
    4. Each CFM stallholder is responsible for managing their own listings and virtual stall (including adding, removing and updating goods and services) so Seller Content is subject to change at any time without notice and may not be up to date. RCC can’t guarantee that a CFM stallholder will complete a transaction.
    5. The Website may contain links to other websites operated, controlled or produced by third parties. RCC does not control, endorse, sponsor or approve any such third party websites or their content nor does RCC provide any warranty for any aspect of those websites or their content.
    6. The Website has been designed and is intended for use only within New South Wales, Australia. Items purchased via the Website can only be collected at the physical Concord Farmers Market location in Concord, NSW.
  3. Return, Exchange or Refund for purchases
    1. The Rotary Club of Concord chooses carefully from applicants to maintain high standards for stalls at the Concord Farmers Market. The virtual stalls on the Website are operated by regular CFM Stallholders who are well known to market visitors. CFM Stallholders are responsible for the quality of the goods and services that they sell via the Website.
    2. We will always endeavour to facilitate returns, exchanges or refunds for customers that are not satisfied. Australian customers have important rights under Australian Consumer Law for return, exchange or refund of goods or services. Our stallholders will offer free returns or exchanges if you’re needing to return or exchange your order for whatever reason – although there are exceptions for perishable products.
    3. If you are unsatisfied with your purchase and ask for a refund while the physical market is in operation, then you will be directed to the specific stall so you can obtain a return, exchange or refund directly from the stallholder. If you’re unable to locate the stall then please ask one of the Rotary Club of Concord volunteers to help.
    4. For a perishable product that is collected at a market, it is only possible for the product to be returned, exchanged or refunded before the market has closed on the day of collection.
    5. For a non-perishable product that is collected at a market, the product can be returned, exchanged or refunded at the next market after the day of collection. Please bring the product along with the order receipt and original packaging.
  4. Website access and CFM Online Shop content
    1. RCC does not guarantee that access to the Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the Website or any data on such a computer.
    2. RCC endeavours to take reasonable care in preparing and maintaining the information on the Website that has been created for the CFM Online Shop platform (“CFM Content”). RCC does not warrant the accuracy, reliability, adequacy or completeness of any of the CFM Content. You acknowledge and accept that the CFM Content may include technical inaccuracies and typographical errors and may not be up to date or accurate at the time you view it. RCC reserves the right to make any necessary corrections to CFM Content.
    3. It is your responsibility to enquire with RCC directly to ensure the accuracy and currency of any CFM Content you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Commonwealth), RCC disclaims all liability for loss directly or indirectly arising from your use or reliance on the Website and the CFM Content.
    4. The CFM Content displayed on the Website is the property of, or authorised for use by RCC. CFM Content may be displayed and printed for your personal and non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any CFM Content without the express prior written consent of RCC.
  5. Personal information
    1. During a purchase transaction, some personal information of the buyer needs to be provided such as name, phone number, email address and billing address. The only reason that this information is collected is for the purpose of completing the purchase or for customer communications related to the purchase.
    2. RCC has a duty to maintain the privacy of all personal information that is provided to the Website. This information will only be shared with other organisations that are directly involved in the fulfilment of purchase transactions (e.g. payment processors, CFM stallholders). Personal information will only be disclosed to other parties where this is required by law (e.g. disclosure to government agencies or to courts where this is authorised).
    3. As part of a purchase transaction, one or more CFM stallholders will obtain buyer personal information. Each individual CFM stallholder is responsible for managing this personal information and for compliance with privacy laws. Sellers must only use the personal information for the purpose of completing the transaction or for customer communications related to that transaction. A seller must not use any personal information for any non-transaction related purpose.
  6. User eligibility and compliance with laws
    1. Buyers and sellers must be at least 18 years of age and able to form legally binding contracts under applicable law, or be under the supervision of a parent or guardian who is at least 18 years of age in order to be eligible to use the Website. By using this Website you represent and warrant that you are at least 18 years of age and that all information you submit is accurate and truthful. RCC may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time.
    2. You agree that, when accessing and using the Website, you will comply with all applicable local, state, national and international laws.
    3. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or content displayed on the Website.
  7. Disputes about Website transactions
    1. When a good or service is ordered through the Website, a separate contract may arise between the buyer and a seller. Prior to transacting on the Website, you should carefully consider your rights and obligations to third party buyers and sellers and seek independent legal advice if you are in any doubt.
    2. RCC is not a party to any separate contract that may arise between a buyer and a seller. If you have a dispute with any buyer or seller concerning a transaction you have made on the Website, you (and not RCC) are responsible for enforcing any rights that you may have against the other party. Buyers can check for the seller’s contact details on the Website.
  8. Account suspension, restricting access and ceasing services
    1. If RCC knows or reasonably suspects that you have breached the Terms of Use, then RCC may give you no less than 7 days’ written notice to remedy that breach. If you fail to remedy the breach within the notice period, RCC may suspend or deactivate your virtual stall (sellers only) and/or take any other steps to prevent you from using the Website.
    2. If RCC knows or reasonably suspects that a) you are involved in any illegal or fraudulent activity; b) your acts or omissions are causing, or are likely to cause, RCC or any Website user to incur legal liability or suffer loss or damage of any nature (including, without limitation, loss of or damage to goodwill or reputation); or c) you have become bankrupt, insolvent, under administration or an externally administered body corporate, then RCC may immediately suspend or deactivate your virtual stall (sellers only) and/or take any other steps to prevent you from using the Website.
    3. RCC doesn’t guarantee that it will continue to provide all or any of the services connected with the Website. RCC may cease the provision of any one or more of those services at any time.
  9. Limitation of liability
    1. To the maximum extent permitted by law (including, but not limited to, the Australian Consumer Law), RCC excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website, the Seller Content, the CFM Content and the use or performance of the Website, whether in contract, at common law or in equity, or on any other basis, except to the extent that the loss or damage is directly caused by RCC’s fraud or wilful misconduct.
    2. Where the law, including the Competition and Consumer Act 2010 (Commonwealth), implies a warranty or guarantee in the Terms of Use which may not lawfully be excluded, then provided it is fair and reasonable to do so, RCC’s liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:
      1. in the case of goods, replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
      2. in the case of services to either resupplying the services or payment of the cost of having the services supplied again.
  10. Severance
    1. The whole or any part of a provision of the Terms of Use that is illegal, invalid or unenforceable may be severed from the remaining provisions, and the remaining provisions of the Terms of Use will continue in full force and effect.
  11. Jurisdiction
    1. These Website Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia. In the event that a dispute arises from these Website Terms, each of RCC and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
  12. Sellers: Applying for a virtual stall
    1. Virtual stalls are currently offered only to physical stallholders at the Concord Farmers Market. RCC has complete discretion to determine whether to approve for a virtual stall to be created.
    2. RCC makes no guarantee about the quantity of goods or services a seller can sell through the Website. By submitting an application to become a seller, you acknowledge and agree that you have not relied on any representation given by (or on behalf of) RCC about the quantity of goods or services that you can sell through the Website.
    3. A seller must not transfer or otherwise deal with any of their rights connected with being a seller or with their virtual stall.
  13. Sellers: Access to a seller account and virtual stall
    1. A seller’s access to the Website is managed through a Stallholder Account. You will need to use the userid and password for the Stallholder Account to operate your virtual stall and sell goods and services through the Website.
    2. You must maintain the security of your Stallholder Account log on details (including by keeping your password and email address secure) and you accept full responsibility and liability for all activity occurring on your account resulting from your failure to properly maintain account security. You must immediately notify RCC of any unauthorised use of your login details or account and any other breach of security.
    3. Please be aware that, unless your virtual stall is deactivated, buyers will still be able to purchase your products through the Website. If you wish to close your virtual stall for any reason, it is your responsibility to contact RCC to arrange for its closure. You will remain responsible for the supply of all goods and services ordered by buyers via your virtual stall while it is active.

Version date: 19 Oct 2020