Website Terms of Use

General

This website is owned and operated by FRESH BOXED PTY LTD trading as Fresh Boxed and/or its authorised agents (“Fresh Boxed” or “we” or “us” or “our”). By entering, accessing or otherwise using our website, you agree to comply with these Terms of Use and our Privacy Policy (“Website Conditions”), and any other laws or regulations which have or may be at any time applicable to this website. In addition, when you purchase any products or services through this website, you will do so subject to the Website Conditions. We reserve the right to change our Website Conditions at any time without notice to you and the use of this website is deemed acceptance of any updated Website Conditions. You acknowledge and agree that you have read and understood the Website Conditions and are bound by them.

The information contained on this website is intended to apply in Australia only. Fresh Boxed does not guarantee the accuracy of the information contained in this website but will use all reasonable endeavours to ensure that such information is correct. It is your responsibility as a user of this website to ensure you are familiar with the Website Conditions from time to time.

Warranties

You warrant that:

  • you are at least 18 years of age;
  • you will use this website only in accordance with these Website Conditions and will not use this website for any other purpose whatsoever; and
  • the information you provide via this website will be accurate and complete, and will not be misleading, deceptive or likely to be misled or deceive.

Your Use of this Website

You may only use this website for the purpose for which it is intended. When using this website, you must not:

  • impersonate any person or entity;
  • make any fraudulent, speculative or false enquiries or bookings;
  • post or transmit to or via this website any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that may give rise to civil or criminal proceedings;
  • knowingly transmit any virus or other disabling feature to the website;
  • interfere with, disrupt, or create an undue burden on the website or the associated systems;
  • frame or mirror any part of the website; or
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so.

Non-commercial Use Only

You may only use this website for your own personal use (which will at all times be reasonable, not abusive) or for purposes legitimately connected with purchasing our products and services.

You are not permitted to access, use or copy any material or information on this website for any commercial purpose or for any purposes which are unlawful. In particular, you are not permitted to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in this website.

Pricing

All references to $ and dollars on this website are references to Australian currency. The prices contained in this website are available in Australia only. Fresh Boxed reserves the right to regularly change the pricing of all items listed on this website.

Orders

Fresh Boxed reserves the right, at our absolute discretion, to decline or accept orders made through the Fresh Boxed Online Order System. Any automatic acknowledgements for such orders are contingent on our view of any risks, potential delays, availability or other issues that may arise that are beyond the reasonable control of Fresh Boxed Online Order System.

You authorise our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand.

Order cut-off times are as advertised in Australian Eastern Standard Time, unless sold out prior. Packs are not customisable. Payment is required upfront with the submission of the online order form. Once your order has been paid for it cannot be changed or cancelled. Subject to any rights you may have at law, no refunds will be issued.

Fresh Boxed may modify products and pricing at its discretion, depending on the seasonal availability and pricing in the market. This will not impact the price of your order as at the time of your purchase.

Payment

Full payment for products must be made at the time you place your Order. All payments will be processed through a secure third-party payment gateway known as Stripe (‘Third Party Gateway’). Despite the security of this Third Payment Gateway, you should be aware that there are inherent risks in transmitting information over the internet. The collection, holding and release of such funds will be a matter between you and the Third Party Gateway. Any terms governing your use of the Third Party Gateway are as between you and the third party service provider and do not in any way affect these Website Conditions.

Product Availability

The Fresh Boxed box range is indicative only. Whilst we will try to ensure that all goods displayed online are supplied, in some cases, we may need to substitute a product for a similar product that we have available which may vary based on seasonal availability and quality standards.

Delivery

Delivery charges and estimated date of delivery will depend on the location of delivery of order. See our Delivery Information page for the postcodes that we deliver to, costs and delivery dates. Products bought online can only be delivered to specified areas indicated within Australia.

It is the customer’s responsibility to ensure correct delivery address and access details are provided to Fresh Boxed.

If the customer is not at the premises at the time of delivery, the delivery driver is authorised to leave your order unattended at the delivery address deemed suitable by the driver. Unattended Delivery refers to an order where you have agreed that the goods can be left unattended at the delivery address or such other location that Fresh Boxed determines is suitable at the time of delivery. For deliveries to houses, our drivers will deliver your order to your doorstep only. For deliveries to apartments, the driver will leave your order unattended in a safe place either inside or outside the building.

Your order will be refrigerated to the point of delivery. Please note that your order will be delivered in cardboard boxes and we advise you to not leave out chilled items for a long period of time as spoilage may occur.

Fresh Boxed is not responsible for any damage or theft to your order when left unattended. We recommend that someone is available to accept your order on the delivery day. Fresh Boxed may in its sole and absolute discretion, decide not to deliver the pack at the delivery address where we reasonably believe that the goods are likely to be stolen or damaged, or we deem the delivery address to be unsafe for any reason.

If the driver cannot access your house/ apartment you will not receive a refund. It is the customer’s responsibility to provide correct address/ access details in the order form and be available at your home for delivery.

Refunds and credits

Refunds or account credits will only be provided in the following circumstances:

  • An item ordered is unavailable and a substitution was not requested or available;
  • An item ordered is not packed and delivered; or
  • Required under consumer legislation

Fresh Boxed will not be liable for any refunds or credits if the products ordered do not meet expectations.

Fresh Boxed is not liable for replacement of goods in the event they are stolen or damaged after being delivered to you.

Order Cancellations

Orders that have been successfully submitted and payment has been approved by your card provider cannot be modified or cancelled.

Promotions and Special Offers

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you wish to participate in such a campaign, promotion or contest you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Website Conditions, those terms and conditions will prevail.

Advice and Technical Information

Any advice, recommendation, information, assistance or service provided by Fresh Boxed in relation to any products is given in good faith and is believed by Fresh Boxed to be appropriate, truthful and reliable.

However, any such advice, recommendation, information, assistance or service provided by Fresh boxed in relation to any products supplied by Fresh Boxed is for guidance purposes only.

Risk

Risk in Fresh Boxed products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Fresh Boxed of full payment by either cash or clearance of funds into our bank account.

Liability of Fresh Boxed

Your use of this website or any information on this website is entirely at your own risk. Fresh Boxed makes no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this website. Fresh Boxed expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

Fresh Boxed reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in this website is inaccurate at any time without prior notice (including after you have submitted your order).

Fresh Boxed undertakes no obligation to update, amend or clarify information in this website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in this website, should be taken to indicate that all information in this website has been modified or updated.

This website may contain links to other internet sites provided by third parties. The provision of any of these links does not represent an endorsement by Fresh Boxed of those internet sites, nor does Fresh Boxed make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third party internet sites. Fresh Boxed expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by law (including without limitation the Australian Consumer Law), Fresh Boxed is not liable to you or anyone else for any:

  • decision, action or inaction taken in reliance on the information in, or connected with, this website;
  • losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with this website;
  • your use or misuse of this website or any information or material contained in this website;
  • the loss or modification of information or material transmitted from this website;
  • any defect, technical problem or virus attached to or arising from this website or the server;
  • any injury or illness you or any other person sustains as a result of using this website;
  • the products displayed being unavailable at any time;
  • your inability to access or use the website or any material on the website; or
  • the loss of confidentiality in any information or material transmitted to or from the website.

To the maximum extent permitted by law (including the Australian Consumer Law), Fresh Boxed does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.

Privacy

Fresh Boxed is bound by the Privacy Act 1988 and the National Privacy Principles. Fresh Boxed’s Privacy Policy outlines how and when personal information is collected, stored and distributed by Fresh Boxed. You can review our Privacy Policy here.

Copyright

This website and its contents are the property of Fresh Boxed and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited without the prior written permission of Fresh Boxed Pty Ltd, PO Box 30 Sydney Markets NSW 2129.

Intellectual property and trademarks

Fresh Boxed is the owner or authorised user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to Fresh Boxed in and associated with this website (“Intellectual Property”), and any improvements or modifications to such Intellectual Property. The use or misuse of any of our Intellectual Property is prohibited without the prior written permission of Fresh Boxed, PO Box 30 Sydney Markets NSW 2129, Australia. Nothing contained in this website should be construed as giving you any right in or licence to any of the Intellectual Property on or associated with this website.

Disclaimer

You agree that your access to, and use of, this website is subject to these Website Terms and all applicable laws and is at your own risk. Fresh Boxed makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as cannot be excluded under applicable laws. To the fullest extent permitted by law (including the Australian Consumer Law) Fresh Boxed, its directors, officers, employees, agents, contractors, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this website and any other site linked to this website.

Overseas access

This website may be accessed in Australia and throughout the world. Fresh Boxed makes no offer in or by this website to sell any product or service in any country outside Australia and makes no representations that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

Governing law

This website has been designed for use within Australia. By accessing this website, you are agreeing that the Courts of New South Wales, Australia will deal with any disputes which may arise between you and us, and that the laws of New South Wales, Australia shall be the applicable law.

Promo Codes

All promotional offers are subject to Fresh Boxed’s  General Terms and Conditions.

All promotional codes and special offers are not redeemable for cash, cannot be used to purchase gift cards,  cannot be redeemed against a prior purchases and are non-transferable.

Only one promotional code or special offer can be applied per transaction.

Promo codes Castle50 and Kelly50 end 22/09/2020