Terms & Conditions

Local Fresh 2U

Thank you for choosing to shop with Local Fresh 2 U. We hope you enjoy your experience and appreciate you supporting local businesses.

If you have any queries, please feel free to contact us directly at any stage as we are more than happy to assist you with any questions you may have.

Please find below our Terms & Conditions for our website and by using this site you agree with our terms and conditions of use, whether you checkout as a guest or have an account registered with www.localfresh2u.com.au

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.localfresh2u.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.localfresh2u.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

Terms & Conditions

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.localfresh2u.com.au’s rights and obligations to each other.


LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that www.localfresh2u.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.


COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.localfresh2u.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.


ACCOUNT REGISTRATION 

For account registration and sign-ups, you warrant that all personal information and payment details you provide is complete and accurate. You may change details on your account at any time and keeping your information up to date will be your responsibility. You are responsible for keeping your username and password confidential. If there is any fraud identified on your account, you must inform us immediately and we may put a hold or cancel your account. Further to this Local Fresh 2 U at our sole discretion may refuse to accept an account registration or sell products to any person at any time. All activity on your account will be deemed to have been authorized by you.


ORDERS & PAYMENT METHOD

All orders must be paid for online using your preferred payment method which is specified at the checkout stage. An order confirmation will be sent once your order is placed. A confirmation payment email and Tax invoice acknowledging that your payment has been processed and approved will be sent to the email address provided by you once your order has been packed and payment has been deducted.

Your order will then be ready for dispatch and ready for delivery. If there are insufficient funds and the payment has not been approved, your order will be automatically cancelled, and you will have to re-order for next day delivery with a valid payment method.

As we require to update your chargeable amount once your order is packed, due to the weight variability of fresh produce. Once you checkout and your order is placed, your credit card details are required to be stored with our payment provider Stripe (www.stripe.com.au).

Your credit card details and information is not available to anyone at Local Fresh 2 U. Payment will be deducted once your order is prepared and weighed by our suppliers


DELIVERY OF GOODS

Customer orders will be delivered by Local Fresh 2 U employees or subcontracted companies/drivers which we have appointed.

Deliveries will be made based on the delivery address specified at the time of checkout and the timeslot you have selected. Any special delivery notes will be considered. It is the customer's responsibility to ensure the delivery address is correct. We will not be responsible for incorrectly noted delivery addresses.

The delivery address which is specified at checkout needs to be located within our delivery zones. A list of postcodes will be located on our website. These locations may alter at any given time as and when required. Please check our website for any changes and updates to the postcode lists. Orders that are located outside of our specified postcodes will not be processed.

When your order is delivered it will be at an appropriate temperature to ensure it is as fresh as possible. It is recommended that your delivery is brought inside and stored away at the time your order is delivered.

To avoid any contamination or issues with your ordered items, due to lack of refrigeration or being left outside for longer than necessary. We will not accept any responsibility due to improper storage of items after delivery has taken place.

If no one is available to receive the order at the delivery address, you consent for our drivers to leave your order in a safe place or as specified in the delivery note, unattended. Our drivers will make every effort to make contact with you if you are not home.

You accept that orders left at the delivery address are considered to have been completed and finalised even if you or any other person is not there to receive your order. If you are not home and ask the driver to hold your order and re-deliver, you will incur an admin and delivery fee of $20 and the admin will arrange a suitable time for re-delivery. 

Customer orders on localfresh2u.com.au must be a minimum of $50. Orders between $50 and $150 will incur a $10 delivery fee. Orders greater than $150 will be delivered free of charge. This may change from time to time, and if so, will be communicated on our website and social media channels.

We will do our utmost best and take all due care to ensure that deliveries are received within the timeslot you have selected when placing your order on our website. There may, however, be unforeseen and mitigating circumstances outside of our control which we may not foresee which may affect delivery times. If this occurs, we will endeavor to deliver your order to you as soon as possible on the day you have selected for delivery.

Cut off point for placing orders and/or changing orders is midnight prior to the day of delivery. For example, if it is Tuesday and you want to schedule a delivery for Wednesday. You must finalize your order by Midnight on Tuesday.

Replacement of damaged or lost items is made at the discretion of www.localfresh2u.com.au


PRODUCT SUBSTITUTION

In certain circumstances, products and or fresh produce that you have ordered from our website may be unavailable. This may be due to a variety of reasons, due to stock availability from our suppliers or due to seasonality in regard to fresh produce. There are also other mitigating factors that are out of our control, that may also impact your required product and/or produce being available.

If you checked out and selected a particular product or item, which is not in stock, a like-for-like alternative will be provided to you, at the discretion of our supplier/s. If a like for like the alternative is not available, we will cancel this item and you will not be charged. Payment is only deducted once your items are packed.


RETURNS AND REFUNDS

www.localfresh2u.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

It is the customer's responsibility to Inspect that items you have ordered, is what has been delivered and that the total order has been fulfilled accordingly. Any issues that arise with your delivery, such as missing items or quality issues must be notified to us immediately with a valid reason and also a photo. We will then contact our suppliers and If we are unable to resolve your complaint or further assist you, we will offer you an online credit for your next order. All refunds are made at the discretion of www.localfresh2u.com.au.


DISCOUNTS, GIFT VOUCHERS, AND PROMOTIONS

Any discounts, vouchers, or promotional codes only apply to the first time the code is used unless otherwise stated.

Gift vouchers have an expiry date of 12months and must be used at its full value in the same purchase. Any remaining credit from the gift voucher or discount code will not be able to be used on subsequent orders

Discounts, vouchers or codes do not have any monetary value, and cannot be exchanged for cash.


LINKS TO OTHER WEBSITES

www.localfresh2u.com.au may from time to time provide on its website, links to other websites, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.localfresh2u.com.au and the owners of those websites. www.localfresh2u.com.au takes no responsibility for any of the content found on the linked websites.

www.localfresh2u.com.au’s website may contain information or advertisements provided by third parties for which www.localfresh2u.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.


DISCLAIMER

To the fullest extent permitted by law, www.localfresh2u.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.localfresh2u.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavor to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of www.localfresh2u.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At www.localfresh2u.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.localfresh2u.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.


THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.


DISCLOSURE OF INFORMATION

www.localfresh2u.com.au may be required, in certain circumstances, to disclose information in good faith and where www.localfresh2u.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.


EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.localfresh2u.com.auwww.localfresh2u.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then www.localfresh2u.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.localfresh2u.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.


COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

www.localfresh2u.com.au expressly reserves all copyright and trademark in all documents, information, and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only, and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.


WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.localfresh2u.com.au concerning your use and access to www.localfresh2u.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.


EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.


FOOD OR CATERING
The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.


JURISDICTION

This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and www.localfresh2u.com.au that results in litigation, then you must submit to the jurisdiction of the courts of VIC.1