Collection, Delivery, title and risk

(a)    When you make an order, you may (if available) choose to (a) collect the Products from us, (b) collect the Products from a third-party service provider (Pick-Up Provider), or (c) for the Products to be delivered to you.

Collection from us

(b)    If you choose to collect the Products, you must do so within the time, and at the location, communicated by us to you, provided that such time is reasonable. If you do not collect the Products within the time communicated to you, we will issue you with a notice. You agree to collect the Products within 14 days (or such other reasonable timeframe notified by us to you if the Products are food products or may spoil) of us issuing you with a notice, otherwise you consent to us treating the Products as abandoned by you and you consent to us disposing of the products as we see fit, and to the maximum extent permitted by law, we accept no liability to you in this respect, and you waive and release us from any such liability, however arising, whether under statue, contract, equity, tort (including negligence), indemnity or otherwise. Subject to your Consumer Law Rights, you agree that we cannot guarantee the quality of the Products if they are not collected within the time communicated by us.

Collection from a third-party

(c)     If you choose to collect the Products from a Pick-Up Provider, you acknowledge and agree that:

(1)         we will send you an order code which you must present to the Pick-Up Provider before collecting your order (Order Code);

(2)         you are responsible for keeping your Order Code confidential and we exclude all liability for any Liability you incur as a result of disclosing or sharing your Order Code with third parties, including where this results in an unauthorised third party collecting your order from the Pick-Up Provider;

(3)         we will send you details about the date and time that you must pick-up your order from the Pick-Up Provider (Pick-Up Time); 

(4)         unless you and the Pick-Up Provider have agreed to change the Pick-Up Time, if you fail to collect your order at the Pick-Up Time, you must pay a Late Fee of $2.00 (incl. GST) to the Pick-Up Provider for every 24 hours after the Pick-Up Time that you fail to collect your order; and

(5)         unless you and the Pick-Up Provider have agreed to change the Pick-Up Time, your order will be returned to us by the Pick-Up Provider after 3 days from the Pick-Up Time and we will have no obligation to replace the Products or refund any amount paid by you for the order.

Delivery by us

(d)    If you choose delivery of the Products, we will deliver the Products to the delivery address you provide when making your order. For delivery addresses within high-rise apartment complexes, you acknowledge and agree that the default delivery location will be the ground floor lobby, reception, or another secure area of the complex, unless you select and pay an additional delivery fee during checkout for delivery directly to your apartment unit (Upstairs Delivery Fee).

(e)    Delivery costs, including any Upstairs Delivery Fees for apartment complexes mentioned in clause 7(d) are set out on the Site, and may be included in the Price or be paid in addition to the Price.

(f)     We dispatch Products as soon as possible after receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(g)    We deliver the Products using a range of delivery methods. You may need to sign for some deliveries.  If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

Title and Risk

(h)    Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.

(i)     Risk in the Products will pass to you as soon as they are delivered to the delivery address you provided in your order, or when they are collected by you from the Pick-Up Provider, or collection location notified by us to you.