Overview:

This website (Site) is operated by the Adelaide Central Market Authority. 

By placing orders on this Site (Orders), you agree that you will be subject to these terms and conditions (including any additional terms, conditions and policies available by hyperlink) as they exist at the time of the order.

Each Order results in separate binding agreements between you and the specific Adelaide Central Market Trader responsible for the supply of the products ordered (Products). 

For each Order accepted by the Traders, the Traders agree to supply the Products to you in accordance with these terms and conditions.

If you have any concerns, please do not hesitate to contact us at shop@adelaidecentralmarket.com 

1 - Online Store Terms and general conditions 

This agreement is governed by the laws of South Australia, Australia.

If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

2 - Placing an Order for Product

Any Order placed through this Site is an offer by you to purchase the particular product from the relevant Trader for the price notified on this Site (including the delivery and other charges and taxes) at the time you place the Order.

You agree to:

• provide current, complete and accurate details when asked to do so by the Site; and
• promptly update your account and other information, including your email address and credit card numbers and expiration dates.

Payment is due on order. If no payment is made, or payment is declined, then your Order will not be accepted.

Cut off point for placing orders and/or changing orders is 10pm on the day prior to the day of delivery. For example, if it is Monday and you want a market delivery on Tuesday, you must finalise your order by 10pm on Monday.

3 - Acceptance, rejection or cancellation of an Order

Should our systems or team deem an order to be of high risk or fraudulent, we reserve the right, at our sole discretion to immediately cancel the order and refund the value of the order in full, including any Delivery Fee, to your original payment method.

Traders reserve the right to accept or reject your Order for any reason to the extent legally permissible, including without limitation if your payment is declined, if the requested Product is not available, if there is an error in the price or the product description posted on the Site, or if there is an error in your Order.

If a Trader rejects an Order, then they will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.

In case of cancellation of the Order:

• If your Order is cancelled by you or the Trader before the day of delivery or collection, any payment for the Order at the checkout will be refunded in full, including any Delivery Fee, to your original payment method.
  

• If your Order is cancelled by the Trader on the day of delivery or collection, any payment for the Order at the checkout will be refunded in full, including any Delivery Fee, to your original payment method.

• If your Order is cancelled by you on the day of delivery or collection, you will be charged a cancellation fee of $20 plus the charges for any perishable Products that were ordered (and any amount remaining from your payment for the Order at the checkout will be refunded to your original payment method).

• A Product that you order may be out of stock or temporarily unavailable. If this happens, then any payment for the Order at the checkout will be refunded in full, including any Delivery Fee, to your original payment method.
  
  

4 - Restrictions

The minimum purchase amount for each Order is $50.00 excluding the Delivery Fee.

You are not permitted to purchase any items for resale to a third party or for trade purposes. 

Orders that appear to be placed by dealers, resellers or distributors will not be accepted.

5 - Delivery of Products

Products will only be delivered to locations as outlined on the Site. 

Your order will be delivered either in paper bags or cardboard box, which may be recycled in your curbside recycling program.

At the time of delivery, your order will be at an appropriate temperate. It is recommended that your delivery is brought inside and stored away as soon as possible.

Delivery timeframes on this Site are indicative only. 

Delivery times may be delayed, including without limitation due to traffic or other unforeseen circumstances.

Only products offered on this website can be purchased for delivery.

Refunds or discounts on your Order or Delivery Fee will not be provided for late deliveries.

• Your order will be left unattended at the door at the Delivery Address or such other spot as is suitable for delivery at the time. Please note that any chilled or frozen items are left in standard (non-insulated) packaging and may spoil if left unattended.

Neither the Trader or Adelaide Central Market Authority will be responsible for any loss (including theft) or damage caused to your property or suffered by you in connection with delivery of the Products to the Delivery Address. 

• If you have specified that you do not want the Order to be left unattended and you are not present at that time or if there is no appropriate person (for example, above 18 years old for Restricted Products) at the Delivery Address to receive the Order, or if the Delivery Address cannot be accessed, or if a suitable spot to deliver your Order (for unattended deliveries) cannot be found, then:

(a) your Products will not be delivered; and

(b) you may be a charged a fee of up to $30 and the charges for any perishable Products in your Order.

In this instance, a redelivery may be obtained, however you will be required to pay an additional Delivery Fee and any other charged payable under these terms and conditions.

You:

(a) acknowledge and agree that any person at the Delivery Address who receives the Order is authorised by you to receive your Order;

(b) must be present to accept the delivery of an Order if it contains a Liquor Product or ensure that the person receiving any liquor is over the age of 18 years and provide photographic identification on delivery;

(c ) acknowledge that the details of any identification provided in relation to delivery of Products may be recorded.

6 - Risk and Title

Risk in the Products and title to the Products pass to you on the date and time of delivery to the Delivery Address, including unattended deliveries.

7 - The sale of Restricted Products - Liquor products

The sale of liquor from this Site is made as per the Liquor Licensing Act 1997. 

Your contract of sale is with the relevant licensed Trader at the relevant premises from which your order is accepted and fulfilled. 

Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, and the availability of stock.

On delivery of liquor to anyone who appears under 25, ID will be required.

You:

(a) acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years; and

(b) warrant that you are not obtaining alcohol (including liquor Products) on behalf of a person under the age of 18 years.

8 - Disclaimer of warranties

No warranty is given that the information, colour or quality of any products on this Site will meet your expectations or will be accurate, complete or current.

9 - Limitation of liability 

Your use of, or inability to use, the Site is at your sole risk. 

All products delivered to you are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Adelaide Central Market Authority or Traders providing Products be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

10 - Indemnity

You agree to indemnify, defend, and hold harmless the Adelaide Central Market authority and traders who provide you with Products from any claim or demand made by any third-party due to or arising out of your use of Products, the breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11 - Returns 

The Adelaide Central Market Returns Policy apply in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law.  

Our liability to you under this agreement is otherwise limited as set out in clauses 8 and 9.

12 - Personal information and commercial electronic messages 

Your submission of personal information through the Site is governed by Adelaide Central Market Authority’s Privacy Policy. You acknowledge and agree to this Privacy Policy, available here. 

The Adelaide Central Market Authority would like to communicate with you about various matters including Products and your use of this Site. This includes sending you offers and promotions, plus occasionally asking you for your valuable feedback. Unless you have opted out, you agree to this.

You can opt out of any types of marketing and promotional messages anytime. There are, however, some messages that you cannot opt out of. These include, for example, messages relating to your account such as updates on your Orders and other important information relating to Products you have purchased on this Site (like health and safety recall notices), or updates to these terms and conditions and associated documents).

13 - Credit card information:

None of your credit card information is stored or available to anyone at Adelaide Central Market. Your details are stored with our payment provider, Paypal (www.paypal.com).

Where you choose to save their card details with your Adelaide Central Market online Account, you consent to:

• Shopify storing the card details for use only as a payment method for future purchases you may make.
• We will notify the customer of any changes to this agreement.

14 - Severability 

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

15 – Termination 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.