1. Terms of Website Use
The Terms of Use
Bunya Red Farm (“we”, “our”, “us”) owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions (“Terms of Use”). If you do not agree to the Terms of Use, please do not use this website.
Ownership of Website and Content
Bunya Red Farm owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Bunya Red Farm. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Bunya Red Farm or of the relevant trade mark owner.
Security
Bunya Red Farm cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.
Third Party Content
This website contains information from or hyperlinks to websites operated by third parties. Bunya Red Farm provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.
Revisions
Bunya Red Farm may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.
Liability
Bunya Red Farm provides this website and its contents on an “as is” basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Bunya Red Farm will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.
Your Privacy is Important
We are committed to protecting the privacy of everyone who shops or interacts with us. Bunya Red Farm’s Privacy Policy sets out our commitment to you on privacy, including our use of “cookies”.
Governing Law
Bunya Red Farm operates this website from its offices within Australia. The laws of the State of Queensland govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.
2. Terms of Product Purchase
The Agreement
In addition to the Terms of Use, these terms and conditions (“the Purchase Terms”) set out the additional terms and conditions under which you may purchase from Bunya Red Farm products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Bunya Red Farm once Bunya Red Farm accepts an order. Each accepted order is a separate agreement.
Customer Information
You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Bunya Red Farm if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, where applicable, as you are liable if an unauthorised person uses your username and password.
Orders
You place an order with Bunya Red Farm by selecting products and pressing the “buy now” button on the checkout page. Bunya Red Farm reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Bunya Red Farm at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Bunya Red Farm upon Bunya Red Farm acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland Australia and Tasmania at this time.
Product Availability
Bunya Red Farm uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you when a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Bunya Red Farm may need to reject an order you have placed for a product where Bunya Red Farm establishes that it is actually unavailable for delivery. In such cases Bunya Red Farm will refund in full all amounts you paid in respect of such unavailable product. Bunya Red Farm cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable quantities.
Payment
You must pay for your products purchased on this website at the time of placing an order. To pay for products, you will be transferred to an external site operated by the Commonwealth Bank of Australia (“COMMWEB”). You agree that COMMWEB is responsible for processing and the security of your payment, and you hereby release Bunya Red Farm from any liability in relation to such payment. Please refer to COMMWEB’s terms of use for conditions applying to payment processing services.
Variation of Products and Price
Bunya Red Farm may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Bunya Red Farm’s offline sales, markets and those found on this website.
Delivery
Delivery terms including delivery areas, delivery costs and estimated delivery times are contained in Bunya Red Farm’s Delivery Policy. The Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Bunya Red Farm provides delivery. Orders will not be processed for delivery to an address in a suburb not in Bunya Red Farm’s delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.
Returns
Return claims (including for replacement products, refunds or credits) are detailed in Bunya Red Farm’s Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.
