Terms & Conditions

General Terms & Conditions

The Fruit Box Group Pty Ltd ACN 092 238 634, trading as The Fruit Box Group (‘Fruit Box’, ‘The Fruit Box Group’, ‘we’, ‘our’ and ‘us’) owns and operates the website located at www.thefruitbox.com.au including all password protected areas and subdomains of such website and all related top-level domains, mobile sites, apps, applications, APIs and widgets (‘Website’). By accessing and/or using the Website and related services, including by purchasing an item advertised on the Website or completing the registration process to become a customer, you agree to these Website Terms and Conditions, which include our Privacy Policy located at www.thefruitbox.com.au/privacy-policy/ (‘Privacy Policy’) and our Trading Terms located at www.thefruitbox.com.au/trading-terms/ (‘Trading Terms’) as amended from time to time (collectively, the ‘Terms’). You should review these Terms (including our Privacy Policy) carefully and, if you do not agree to them, immediately cease using our Website.

These Terms may be amended at any time and we recommend that you refer to these Terms each time you use this Website. The amended Terms will be effective from the date they are posted on this Website. If you have an order that has been accepted by us, the terms and conditions that applied at the time that you placed your order will be the applicable terms and conditions. Your continued use of this Website will constitute your acceptance of the amended Terms. Your right to access and use this Website will immediately cease if you breach any provision of these Terms.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, including taking any action in the future.

Website access and registration

You do not need to be a registered customer in order to visit or browse our Website.

However, only registered customers of Fruit Box (‘Customer’) are able to order products and services from Fruit Box. Additional terms and conditions apply to Customers, which are contained in separate documents titled ‘Trading Terms’.

In order to become a Customer of Fruit Box you can request a quote via the registration form on the Website, call us on 1300 766 760 or email us at info@thefruitbox.com.au.

You warrant that:

  • all information and data provided by you to us through the Website (including as part of obtaining a quote) or otherwise is true, accurate, complete and up to date; and
  • you will promptly notify us of any changes to your information provided to us as part of the customer registration process.

Third Party linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not control, endorse or have rights in, and we are not responsible for the content on, those linked websites. You bear all risks associated with your access to, use of and reliance on those linked websites.

Accuracy, completeness and timeliness of information

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.

Material on this Website comes from a variety of sources and authors including staff members of Fruit Box and staff of our partner organisations. Fruit Box does not necessarily endorse the views expressed by contributors to this site.

Fruit Box strives to keep information on the Website up to date, but cannot guarantee that the information provided is completely accurate. You should not rely on the accuracy of any information on the Website, and you should make your own inquiries before making any decision. We will use all reasonable efforts to correct any mistakes that are brought to our attention as soon as possible.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to 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 Terms, those terms and conditions will prevail.

Intellectual property rights

Unless otherwise indicated, the Website, its underlying code, all related technology, all content, materials and images in any format on the Website, all enhancements, modifications and derivative works, and all intellectual property rights in the foregoing (including without limitation trade marks, copyright, logos and design marks, service marks, trade names, business names, brand names, designs, domain names and all applications and rights to apply for registration of such intellectual property rights and the right to take action against any third party for infringement of any of those intellectual property rights) anywhere in the world, whether statutory, common law or otherwise (‘Our IP’), are owned by, or licensed to, Fruit Box or its related parties.

Your use of this Website and use of and access to any of Our IP does not grant or transfer any rights, title or interest to you in relation to this Website or Our IP. However, we do grant you a licence to access the Website and view Our IP in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

You must not infringe Our IP and must not modify, copy, republish, frame, distribute or communicate any part of Our IP without our prior written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.

We grant you permission to download our copyright material only for purposes necessary for you to access and use our Website and related services. You must not reproduce or use Our IP for any other purpose without our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.

All rights not expressly granted are expressly reserved.

Restrictions on use of Website

In accessing or using the Website you agree that you will not:

  • use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website without our express written consent;
  • use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
  • undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
  • use or index any content or data on the Website for purposes of competing with us in any manner that we have not specifically authorised;
  • transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
  • use any robots or other software tool designed to automatically emulate the actions of a human user;
  • violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
  • pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
  • reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or any content on the Website, except as expressly authorised by us;
  • transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • use the Website or any content from the Website in any manner which is in our opinion not reasonable and/or not for the purpose it is made available; or
  • act in breach of any term or condition of use or other condition imposed by us or any law.

We reserve the right to exercise whatever means we consider necessary to prevent unauthorised access to or use of the Website, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.

Collection Notice

We may collect personal information such as your name, address, contact details and identification details, primarily for the purpose of and incidental to selling and promoting our services to you in a secure way.

We collect personal information directly from you and will treat any information that you give us as confidential within our Company and related entities. However, we may use your information in any of the ways described and permitted by our Privacy Policy, which can be accessed here www.thefruitbox.com.au/privacy-policy/. If you have an enquiry about privacy, please contact us at the following:

Attention:         The Privacy Officer

The Fruit Box Group Pty Ltd

56-62 Bakehouse Road

Kensington Victoria 3031
Email: info@thefruitbox.com.au

Reporting violations

You may report any suspected violation of these Terms to us by emailing info@thefruitbox.com.au. We will investigate the matters and take any actions we consider appropriate.

Fraud

Fruit Box does not guarantee that it will be able to prevent any illegal or inappropriate use of the Website, nor that it will give notice of any illegal or inappropriate use of the Website. It is illegal to use a fraudulently obtained credit card or place orders without the consent of the cardholder. All persons found to have placed a fraudulent order or committed fraud in any other manner using the Website will be subject to civil proceedings and/or criminal prosecution.

Warranties and disclaimers

The Website is provided ‘as-is’ and ‘as available’ without any express or implied warranty.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or any content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control.

We cannot ensure that any files you download from the Website will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.

We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your employees, contractors, clients or customers) in relation to your use of the Website.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) whether in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in connection with your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it (including third party links or content) are incorrect, incomplete or not up-to-date.

Australian Consumer Law

If you constitute a consumer under the Australian Consumer Law while accessing the Website and related services, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your use of the Website and related services. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected services again or paying the cost of supplying the services again.

Jurisdiction and governing law

Your use of the Website and these Terms are governed by the laws of Victoria, Australia, and you consent to the courts of Victoria, Australia having exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms or your use of the Website.

Survival of Terms

All provisions of these Terms that by their nature should survive termination of your access to the Website shall survive including all limitations on liability, disclaimers, jurisdiction and governing law and intellectual property protections.

Terms and Conditions – Corporate Gifting

  • Quotes ares valid for 14 days only.
  • A deposit will need to be paid min 5 days prior to delivery date. A copy of the invoice will be provide after the hampers have been delivered.
  • The quote provided is based on the number and type of hampers indicated above and is subject to change if the number of hampers ordered is reduced or the type of hamper changes.
  • Delivery zones apply for fresh hamper deliveries. Prices may change and are subject to seasonal fruit variations and availability, this also applies to cherry and mango hampers. Customers will be notified prior to despatch of changes to their hampers.
  • Active Fruit Box Group customers can place hamper orders on their account, subject to their existing account payment terms. Conditions apply.
  • Non The Fruit Box Group customers are required to make payment in full prior to despatch. Payment is required within 7 days of invoice or 5 days prior to despatch (whichever comes first).
  • Changes to orders are not accepted within 72 hours prior to despatch.
  • Please see below the delivery policy specific to an order of 5+ hampers, by accepting this quote you agree to the full terms and conditions.

Delivery Policy – Corporate Gifting

  • It is the responsibility of the purchaser to ensure all delivery information is correct.If re-delivery due to inaccurate information is required a new hamper must be purchased and a re-delivery fee applies. We are unable to provide proof of delivery documentation.
  • Perishable products:Our hampers contain perishable products. Goods should be consumed within 72 hours of receipt. Hampers that include cheese products must be refrigerated on receipt of delivery.
  • Where cheese products are ordered, we recommend this be arranged for delivery on a day where the recipient will be available to receive the delivery to avoid the product being left outside for a long period of time. The Fruit Box Group takes no responsibility for hampers once they have been delivered correctly.
  • Note for Secure Residential addresses(e.g. apartments): The purchaser should ensure that if a delivery is being made to a secure residential facility that the receiver will be onsite to accept the package on the specified delivery date, to ensure a successful delivery. If the recipient not be available to receive the delivery the hamper may be returned to our premises or the delivery driver will attempt to leave the hamper as safely as possible. The The Fruit Box Group does not take any responsibility for goods left at the delivery location and cost for re-delivery will incur a new hamper to be purchased.
  • Note for Hospital deliveries:The purchaser is required to enter the specific ward and bed number that the patient is staying in as many hospitals will reject deliveries if this is not supplied. The purchaser must also check that the patient will be at the hospital for the entire delivery day scheduled. Re-delivery will incur a new hamper to be purchased.
  • Delivery times:Deliveries are made between 8:30am and 5:30pm on the selected day of delivery specific delivery times cannot be guaranteed. Although we do our best to meet your request, specific times cannot be guaranteed.
  • Prices and delivery are subject to change until the complete purchase of products.
  • The Fruit Box Group reserves the right to reject a hamper order where a delivery commitment cannot be met. The Fruit Box Group will inform you if we are unable to deliver.
  • Deliveries are available within Sydney, Brisbane, Gold Coast and Melbourne metropolitan areas Monday to Friday. Deliveries are available in Perth and Adelaide however the range of hampers is limited. Please ask sales for a product brochure relevant for your market. We do not deliver on Public Holidays or weekends. There may be restrictions to delivery locations on certain days.
  • For residential deliveries goods will be left at the front door in a shaded area where possible if the recipient is not home; unless specified otherwise. For office deliveries goods will be left at reception or in a mailroom/goods area if there is no access to a reception area, unless otherwise specified.
    The Fruit Box Group does not take any responsibility for the goods once delivery has been completed to the correct location.
  • The hamper images on our website as well as included in this quote are used as a guide to represent products contained within the hamper. All items are packed to fit inside the Fruit Box Group and a lid is provided to protect the fruit and contents during delivery. The varieties of fruit included are seasonal and subject to change unless specific inclusions have been agreed upon.