Terms and Conditions

TERMS & CONDITIONS

GENERAL

www.blakefamilygrocers.com.au (the "Site") is operated by BFG Online Pty Ltd (ACN 120 911 846) ATF the Snowy River Properties Trust (ABN 93 825 007 566) trading as BFG Direct ("BFG" or "We"). When you use the Site, you agree to the terms and conditions that follow. These terms and conditions also govern the supply of any goods to you by BFG whether facilitated by the Site or by any other means. If you do not agree to these terms and conditions, you should immediately cease use of the Site. The use of the Site and the provision of goods to you by BFG is conditional on your acceptance without modification of the terms and conditions.

These terms and conditions supersede and exclude all prior and other discussions, dealings, representations and arrangements relating to the use of the Site and/or the supply of goods by BFG.

Any failure on the part of BFG to exercise or any delay in exercising any right, power or remedy pursuant to these terms and conditions does not operate as a waiver. If any term of these terms and conditions is unenforceable or invalid, such term(s) will be severed and the remaining terms will continue to bind the parties.

We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms and conditions means you accept the changes.

PURCHASE OF PRODUCTS

In using the purchase services to purchase the product through the Site, you will agree to payment of the purchase price listed on the Site for the product. Payment of the purchase price may be made using all debit, Mastercard, Visa and AMEX cards or PayPal or any other payment platform that the site chooses to adopt.

All prices quoted, unless otherwise stated, are inclusive of GST and are provided in Australian dollars (AUD). Following payment of the purchase price being confirmed, you will be issued with a receipt to confirm that the payment has been received. Prices for the products are subject to change without notice.

ORDERS

BFG:

(a) has sole discretion to accept or reject any order or any variation or modification of an order;

(b) has sole discretion to accept or reject any order cancellation request;

(c) expressly reserves the right to cancel and/or refund any order placed and/or paid for.

PRICE

Any price indications or price lists provided by BFG are subject to alteration at any time without notice. For the avoidance of doubt, this includes subscription arrangements.

DELIVERY

BFG will arrange delivery of the product(s) via DHL, Australia Post and any other carrier that BFG chooses to use.

BFG will make all reasonable efforts to have the product(s) delivered to you on the date specified for delivery. However, time is not of the essence under these terms and conditions and BFG shall not be liable for any failure to deliver or delay in delivery for any reason. Such delays will be the responsibility of the courier company used and BFG is indemnified and held harmless by the purchaser for any loss or damage caused as a result of such delays.

Goods damaged in transit may be replaced by BFG. If your goods have been received and are damaged, please take a photo of the damaged goods and email it to accounts@maxifoods.net.au immediately after delivery.

DISCLAIMERS

Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Site or any feature or part of it at any time. BFG does not guarantee that prices or promotions displayed on the site are valid at time of ordering.

To the maximum extent permitted by applicable law, BFG expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that access to the Site will be uninterrupted or error-free, that the site will be secure, or that information on the site will be complete, accurate or timely.

REFUNDS

If you change your mind about your purchase prior to the order being dispatched from our warehouse we are more than happy to refund your entire purchase. Orders are dispatched from 8am on the selected day of delivery. Please let us know as early as possible that you would like to cancel the order so that we can accommodate your refund request. We cannot refund orders for change of mind once the products are on board with a courier driver.

Please ensure delivery address details are correct as we cannot refund orders if you have provided incorrect delivery details.

If you are unhappy with your purchase, please contact accounts@maxifoods.net.au and we will endeavour to rectify the issue. Please note that the product you ordered may not be available and substitutions will be offered in replacement.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, you understand and agree that neither BFG nor any of its third-party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use the Site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include, but are not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorised access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

USE OF MATERIAL FROM THE SITE

The Site (including all its content) is the property of BFG and is protected by copyright and other laws of Australia and other countries. You agree that you will not use any material from the Site for your personal or a related party’s benefit or advantage.

LINKS

The Site may contain links to other Internet sites which are not controlled, associated, or affiliated with BFG. BFG is in no way responsible for any content appearing on such an Internet site or webpage. BFG also cannot accept any responsibility or liability for any loss, damage, legal fees, costs or expense you might incur as a result of use reliance upon the materials which appear at the linked Internet sites or webpages.

JURISDICTION

The Site is operated by BFG in Victoria, Australia. The laws of Victoria, Australia govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of competent courts located in Victoria, Australia for any action to enforce these terms and conditions.