Terms and Conditions
USE OF TOTARA & BEAR PTY LTD (ACN 615 577 369) TRADING AS “2U GROCER” SUBJECT TO TERMS AND CONDITIONS
Your access to, and use of the Totara & Bear Pty Ltd trading as “2U Grocer” website to purchase Products is subject to the following terms and conditions. By using the Totara & Bear Pty Ltd trading as “2U Grocer” website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.
OFFER TO PURCHASE
Orders placed through this website constitutes legal offers to purchase, and are able to be accepted by Totara & Bear Pty Ltd trading as “2U Grocer” without any further reference to you.
TRADING HOURS
Any order submitted by you on a public holiday will not be processed by Totara & Bear Pty Ltd trading as “2U Grocer” until the following business day.
Where the requested delivery occurs on a public holiday, our policy is to deliver on the next working (nonpublic holiday) day.
DEFINITIONS
“Customer”, “you” and “your” means you and any other person who orders or purchases Products under your Log-in.
“Delivery Point” means an outside area of the Nominated Address, such as your front door, or any other accessible area specified when submitting an order on the website.
“2U Gorcer” means Totara & Bear Pty Ltd ACN 615 577 369, which is the seller of the Products, and includes its related companies, directors, officers, employees or agents.
“GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
“Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) trademarks, designs and logos.
“Nominated Address” means the nominated delivery address specified by the Customer on your registration application, as amended from time to time.
“Products” means the products for sale via the Website.
“Website” means this internet site owned by Totara & Bear Pty Ltd trading as “2U Grocer”, being the medium by which Products are offered for sale to the Customer.
- REGISTRATION
When creating an account with Totara & Bear Pty Ltd trading as “2U Grocer”, you will need to provide all relevant details, including contact, delivery, and payment information as required.
You are responsible for ensuring all registration information (including payment information) on your account is correct and up to date
You must be 18 years old or over and must have completed the registration process in order to participate in our service.
Totara & Bear Pty Ltd trading as “2U Grocer” has the absolute discretion to refuse the registration application of a potential Customer for whatever reason whatsoever
You may not have more than one active account per individual, and your account is non-transferable.
- ORDERS
Ordering
Totara & Bear Pty Ltd trading as “2U Grocer” has the absolute discretion as to whether an order placed on the Website is accepted and fulfilled. Totara & Bear Pty Ltd trading as “2U Grocer” may cancel an order for any reason whatsoever.
If an order is rejected, Totara & Bear Pty Ltd trading as “2U Grocer” will provide notification via the website at the time of placing the order, or (within a reasonable time frame after your order is submitted) by email or telephone.
Liable for Order
You are liable for every order made under your Login.
Variation / Cancellation of an Order
You are able to amend or cancel an order without charge or penalty by contacting the customer service centre at service@2ugrocer.com. Any such amendment or cancellation is only available up until the point where Totara & Bear Pty Ltd trading as “2U Grocer” has commenced packing the order and will be subject to an applicable change in invoice price that will be debited or credited to your account accordingly.
No changes or cancellations will be accepted after this cut off time. We are unable to refund you for any Products which you have ordered if you cancel or change your order after the cut off time.
Order Amount
Our minimum order requirement is subject to customer service discretion. Customer Service will be in contact with
- QUALITY AND AVAILABILITY
Product Availability
Totara & Bear Pty Ltd trading as “2U Grocer” will make every effort to fulfil orders placed on the Website, however we will not be liable to any person if we are unable, or decline, to supply a Product for any reason whatsoever.
Totara & Bear Pty Ltd trading as “2U Grocer” may part ship or delay dispatch of any orders due to product availability.
Quantities of goods supplied per order may be limited if the order limits availability for other customers or creates a potential health and safety issue for our courier. If your Order is reduced in accordance with this clause, the price payable by you for that Order will be adjusted accordingly.
Product Substitution
Goods are subject to availability and prevailing market conditions. If any goods you wish to purchase are not available, Totara & Bear Pty Ltd trading as “2U Grocer” may, if you have selected the “Enable Substitutions” box during online ordering, substitute a similar Product of equal or greater value at no extra cost to you.
In the situation above, you have the right to accept or refuse any products substituted. If you choose to refuse any alternative product that we have substituted, we will refund the invoice price of the item accordingly.
Product Quality
Totara & Bear Pty Ltd trading as “2U Grocer” prides itself on the quality of its produce. If for any reason it is identified that a Product was delivered to you a damaged or spoiled condition, please notify Totara & Bear Pty Ltd trading as “2U Grocer” within 24 hours of the delivery being made. Totara & Bear Pty Ltd trading as “2U Grocer” may require photographic evidence or a sample of the damaged or spoiled Product in order to effectively manage the claim.
If Totara & Bear Pty Ltd trading as “2U Grocer” agrees that a Product was delivered to you in a damaged or spoiled condition, Totara & Bear Pty Ltd trading as “2U Grocer” shall, at your request, refund the value of the relevant Product to you.
For fresh produce and other perishable groceries, we may not be able to accept liability for quality issues unless we are notified within 24 hours of the delivery being made.
Product Labelling Information
All products are sold in compliance with the labelling provisions of the Australia New Zealand Food Code.
Upon receipt of your order, you must take care and have all the responsibility for checking ingredient lists, storage instructions and ingredient lists for any allergens.
- SPECIAL PROMOTIONS
Totara & Bear Pty Ltd trading as “2U Grocer” may offer you special or seasonal products from time to time. These products may be subject to their own terms and conditions which you will be advised of at the time or your order.
- LOYALTY PROGRAMMES
From time to time, we will run customer loyalty programmes to incentivise all or some customer groups to use our services. These loyalty programmes will have specific terms and conditions that will be additional to the general Terms and Conditions stated on this Website.
- PRICING
You will pay The Totara & Bear Pty Ltd trading as “2U Grocer” for the Products ordered at the price displayed on the website at the time the Order is submitted.
Currency
All pricing for Products are in Australian & New Zealand dollars depending on the region of purchase.
Goods and Services Tax
The prices of the Products are inclusive of GST.
Delivery Charges
There is no additional charge for delivery of the Products to your Nominated Address.
- PAYMENT
Payments will appear on your bank or credit card statement as Totara & Bear Pty Ltd trading as “2U Grocer”.
Method of Payment
You must pay Totara & Bear Pty Ltd trading as “2U Grocer” for the Products purchased by direct debit or credit card. The Website does not accept any other form of payment.
Payment by Credit Card
You will be liable for all orders placed using your credit card details and agree to indemnify Totara & Bear Pty Ltd trading as “2U Grocer” against any losses, claims or damages arising from the use or misuse of your credit card details by any other person.
Credit Card Declined
If Totara & Bear Pty Ltd trading as “2U Grocer” is unable to successfully process your credit card payment for any order that is purchased, then we will suspend your order, and contact you to make alternative payment arrangements.
Totara & Bear Pty Ltd trading as “2U Grocer” takes no responsibility for any fees incurred by you as a result of the failure of a credit card payment.
Payment by Direct Debit
If you choose to pay by direct debit, you must complete and return a direct debit instruction form, available initially during the registration process, or at any time thereafter by contacting Totara & Bear Pty Ltd trading as “2U Grocer” customer services.
You are responsible for providing Totara & Bear Pty Ltd trading as “2U Grocer” with accurate and up to date payment information, and ensuring funds are available for each debit to your account.
Adjustments
If you are invoiced an incorrect amount for any Product ordered, Totara & Bear Pty Ltd trading as “2U Grocer” shall be paid by, or refund to, you the necessary adjustment amount to reflect the correct amount which should have been invoiced.
Debt Collection
You are liable for all costs associated with debt collection where you default in payment for any order.
- DELIVERY
Delivery Zone
As part of the online registration process, you will be immediately and electronically advised if Totara & Bear Pty Ltd trading as “2U Grocer” is able to deliver to your Nominated Address.
Totara & Bear Pty Ltd trading as “2U Grocer” reserves the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address
Change of Address
You must notify Totara & Bear Pty Ltd trading as “2U Grocer” immediately of a change to your Nominated Address.
If you create an account with us using an address that is within one of our current delivery areas, and then change that address to one that is not within one of our current delivery areas, then we may not be able to provide a service to you.
Delivery
You will receive the Products at the Nominated Address specified at registration, or at the time of order.
Totara & Bear Pty Ltd trading as “2U Grocer” will deliver the Products to the Delivery Point. If you ask our courier to deliver inside a premise or building at the Nominated Address and it is agreed to do so, then you are responsible for all loss or damage suffered by Totara & Bear Pty Ltd trading as “2U Grocer” in connection with delivery of the Products beyond the Delivery Point.
Totara & Bear Pty Ltd trading as “2U Grocer” shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on your behalf.
Delivery Schedule
Totara & Bear Pty Ltd trading as “2U Grocer” may not always be able to delivery your order within the timeframe scheduled at the point of order. When you place or change your order you will be advised of any restrictions in regards to delivery that may apply to your location.
Unattended or Unsafe Deliveries
Deliveries will not be left unattended at the Nominated Address unless specified by you at registration or at time of order. If there is no one at the Nominated Address at the scheduled delivery time Totara & Bear Pty Ltd trading as “2U Grocer” will follow the delivery instructions that have been provided. If no such instructions have been provided then the order will be returned to the distribution centre.
You must ensure that the Delivery Point of your Nominated Address is easily accessible, and that it is safe for our courier to enter your premises in order to complete the delivery. If in our courier’s opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, you will be contacted to make alternative arrangements.
In the above situation, Totara & Bear Pty Ltd trading as “2U Grocer” will endeavour to contact you or you may contact us to arrange for delivery at a different time, and Totara & Bear Pty Ltd trading as “2U Grocer” may charge you a Delivery Fee of ten dollars ($10.00) for that replacement delivery.
Delays to Delivery
Totara & Bear Pty Ltd trading as “2U Grocer” will aim to deliver within the specified delivery time frame, but may from time to time be delayed, and shall not be liable for failure to deliver on a timely basis.
If an order is likely to be significantly delayed, we will attempt to notify you (via phone, text or e-mail) to advise you of the situation.
Delivery Totes
Upon fulfilment of your first order with The Totara & Bear Pty Ltd trading as “2U Grocer”, you will be provided with a set of three (3) reusable delivery tote boxes. These delivery totes are provided on the understanding that they remain the property of Totara & Bear Pty Ltd trading as “2U Grocer”, and are exchanged at the time that each new order is delivered to you.
Totara & Bear Pty Ltd trading as “2U Grocer” reserves the right to charge you for delivery tote boxes that have been damaged or have not been returned within four (4) weeks at a cost of $99.00 per set. If you no longer wish to use Totara & Bear Pty Ltd trading as “2U Grocer”, return of the delivery tote boxes can be arranged by contacting Customer Services at service@2ugrocer.com.
- PROPERTY
Property and risk in the Products shall pass to you on delivery to the Nominated Address.
- WARRANTIES
All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of Totara & Bear Pty Ltd trading as “2U Grocer” other than the express provisions of these terms and conditions.
You must ensure that the Products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge and agree that Totara & Bear Pty Ltd trading as “2U Grocer” does not assume any obligation or liability for any advice given, and that all such Products are accepted by you entirely at your risk.
- LIABILITY AND INDEMNITY
Product Liability
The liability of Totara & Bear Pty Ltd trading as “2U Grocer” for loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of a Product, or any breach of Totara & Bear Pty Ltd trading as “2U Grocer” obligations shall not in any event exceed an amount equivalent to the price of the relevant Product.
No liability for indirect loss
To the extent permitted by the law, Totara & Bear Pty Ltd trading as “2U Grocer” expressly excludes all liability to you for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use the Totara & Bear Pty Ltd trading as “2U Grocer” website, or the delivery or failure to delivery any Products.
Indemnity
Notwithstanding any other term, You agree to indemnify, defend and hold harmless Totara & Bear Pty Ltd trading as “2U Grocer”, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website, breach of these terms and conditions, or the delivery or failure to deliver any Product.
- SECURITY
Security of Information
Totara & Bear Pty Ltd trading as “2U Grocer” shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, Totara & Bear Pty Ltd trading as “2U Grocer” will not be liable for any direct or indirect damage or lass whatsoever if any third party gains unauthorised access.
Links to Third Party Websites
The website may contain links to third party websites that are not operated by us or our related companies or partners. Totara & Bear Pty Ltd trading as “2U Grocer” makes no representations or warranties, nor has any responsibility or liability for any external websites. By providing a link to these external websites we do not expressly or imply the endorsement of such sites or products or services that are provided at those external websites. You hereby agree that you access and use products and services made available at external websites solely at your own risk.
Site Content
Totara & Bear Pty Ltd trading as “2U Grocer” has endeavoured to ensure the accuracy of the information provided on the Website . While we have no reason to believe that any information contained on this website is inaccurate, incomplete or misleading, we do not warrant the accuracy, adequacy or completeness of such information provided on this website. Totara & Bear Pty Ltd trading as “2U Grocer” does not accept any responsibility or liability for any loss or damage suffered as a result of reliance by you upon the accuracy, completeness or currency of information contained on this website.
Use of the Website
You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is otherwise prohibited by these Terms. You may not download, modify, transmit, or otherwise use any material from the Website for public or commercial purposes.
You agree that you will not interfere with any other party’s use and enjoyment of the Website, or use the website in any way
You may not modify, adapt, translate or reverse engineer any portion of the website, or tamper with or hinder the operation of the Website, whether by way of transmission of a virus, worm, defect, trojan or similar disabling or malicious device to the website
User Name and Password
Upon completion of the registration process, you will be issued with a customer code, user name and password to access your online account. You must keep your login and password safe and confidential at all times.
Suspicious Activity
Totara & Bear Pty Ltd trading as “2U Grocer” reserves the right to investigate all accounts where it suspects incorrect or fraudulent activity has occurred.
Totara & Bear Pty Ltd trading as “2U Grocer” holds the right to conduct investigations into the above matters which may include, bit are not limited to, requesting copies of identity to verify your account information.
Totara & Bear Pty Ltd trading as “2U Grocer” may choose to terminate your order or account if this information is unable to be verified.
- PRIVACY
Collection of Information
All information collected through or in connection with this website is controlled, stored and held by Totara & Bear Pty Ltd trading as “2U Grocer” or its web service provider(s) in accordance with the Privacy Act 1993.
The Website contains applications which collect personal information about the Customer. Totara & Bear Pty Ltd trading as “2U Grocer” will only use this information to the extent authorised by you, and will only disclose it in the manner set out below;
In using the Website, you authorise Totara & Bear Pty Ltd trading as “2U Grocer” to collect, retain and use their personal information for the purposes of;
(a) processing your registration application, including sharing your personal information with third party agencies for the purposes of credit check analysis
(b) undertaking any dealings or transaction s with you
(c) enforcing any legal or other rights Totara & Bear Pty Ltd trading as “2U Grocer” may have against you in any manner that Totara & Bear Pty Ltd trading as “2U Grocer” sees fit
(d) sending you any marketing or promotional material, including promotions which are being offered by our suppliers or business partners (either alone or in conjunction with us)
Disclosure of Information
Any personal information supplied by you and retained by Totara & Bear Pty Ltd trading as “2U Grocer” may be disclosed to other persons or body corporates engaged by Totara & Bear Pty Ltd trading as “2U Grocer” for or in relation to any of the purposes listed above, including but not limited to;
(a) Research and/or marketing firms
(b) Credit referral agencies
(c) Business advisors
Information retained by Totara & Bear Pty Ltd trading as “2U Grocer”
Any personal information supplied by you may be retained by Totara & Bear Pty Ltd trading as “2U Grocer” until such time as you request that the information be removed.
Access to Personal Information
You are entitled under the Privacy Act 1993 to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.
If you wish to make an enquiry regarding any personal information relating to you which may be in our possession, contact Customer Services on service@2ugrocer.com.
Telephone Conversations
Telephone conversations to and from Totara & Bear Pty Ltd trading as “2U Grocer” may be recorded for quality assurance purposes. We may retrieve and listen to recorded conversations to confirm interactions and agreements.
Right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to Totara & Bear Pty Ltd trading as “2U Grocer”, then Totara & Bear Pty Ltd trading as “2U Grocer” has the right to refuse to accept your registration to use the Website, or fulfill orders.
Cancellation
You are able to cancel your account with Totara & Bear Pty Ltd trading as “2U Grocer” at any time by calling our Customer Services on Service@2ugrocer.com. No cancellation fees apply.
- INTELLECTUAL PROPERTY
Totara & Bear Pty Ltd trading as “2U Grocer” owns or is licensed to use all of the Intellectual Property Rights on its website, including software, design, text, graphics, layout, content, and materials. You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way, communicate to the public or use for commercial purposes, any material on our website without our prior written consent.
The Totara & Bear Pty Ltd trading as “2U Grocer” website contains registered trade marks and other trade marks which are protected by law. You must not use any mark, logo or trade mark appearing on the website, or our name or the names of our related bodies corporate without our prior written consent.
Nothing in these terms and conditions shall constitute any licence of intellectual property rights to you.
- FORCE MAJEURE
If the performance by Totara & Bear Pty Ltd trading as “2U Grocer” of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, act or God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delays in transit, electricity or communications failure, or other causes whatsoever_ beyond the reasonable control of Totara & Bear Pty Ltd trading as “2U Grocer”, Totara & Bear Pty Ltd trading as “2U Grocer” shall be excused from such performance to the extent of prevention.
- VARIATION OF TERMS AND CONDITIONS
Totara & Bear Pty Ltd trading as “2U Grocer” reserves the right to review and amend these terms and conditions from time to time. Amendments will be effective immediately and Totara & Bear Pty Ltd trading as “2U Grocer” has no obligation to notify you of such amendments. We recommend that you check this page for amendments each time you revisit this website. Your continued use of the Website after the terms and conditions have been amended indicates your acceptance of those changes.
- CONTACT INFORMATION
To contact Totara & Bear Pty Ltd trading as “2U Grocer” please:
- a) use the enquiry form on our website www.2ugrocer.com
- b) email us at service@2ugrocer.com
For missing products, quality issues, delivery breaks, or any other enquiry that directly relates to your account, please contact us by telephone or email.
For cancellations, please contact us by telephone. When you do so, please note that we need to ask you to identify yourself by providing three forms of identification, which can include your name, customer code, and/or contact information.
- GOVERNING LAW
This agreement is governed by the laws of Australia & New Zealand.