Terms and conditions

These terms and conditions apply to the use of this web site, including the purchase of goods over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

Terminology

In these terms and conditions, the expressions: "we", "us", "our" and "Box Divvy" are references to Harvest Hub Pty Ltd [ABN 47 620 754 449];

"Hub": means a group of members who collect their Order from the same Hub Address
"Hubster": means the person responsible for packing the Orders and from whose Hub Address the Order can be collected
"Hub Address": means the address on the Order from which the goods are to be collected
"Delivery Address": means the address on the Order to which the goods are to be delivered
"Delivery Area": means the areas of Sydney within which we are willing to deliver goods ordered as described on this web site
"Order": means an order to purchase goods from Box Divvy submitted by you
"Minimum balance": means the minimum amount of money held in your Box Divvy account, used to pay for your order
"Product List": means the list of goods, as amended from time to time, displayed on the Box Divvy website

Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Customer Registration

You must complete an online customer registration form, join a Hub, receive our confirmation and complete your Member Profile before placing your first Order for goods from us. You warrant that all information and data provided by you in the customer application is accurate, complete, and you undertake to keep it up to date at all times.

Should we accept your application we will issue you with a user name and password which you agree to keep confidential. Should your username and password be used by an unauthorised person then you accept that you are liable and you agree to release and indemnify us in relation to any liability arising out of the unauthorised use of your user name and/or password.

Ordering and payment

At the start of the order cycle, your Hubster will create and publish a 'Starting Basket'. Once published, you can log in and delete up to 3 items from this initial order. You cannot vary the quantities, but you can add more if you wish.

You do this either by nominating 'Splits': additional items from the product list and an invitation to others in the Hub to share these selections; or by agreeing to share someone else's suggested splits. The quantity ordered by you will only be added to your order once the whole box is split between the Hub members, or once the minimum order threshold is reached.

Your order quantities may vary slightly throughout the ordering cycle, as other members opt in and out of selections they share with you.

The number of items you receive may be slightly higher or lower than the number of items confirmed when you ordered. This is caused by some variation in the average size of the items. The total weight you receive should be correct, but if the item size is larger than expected, you will receive fewer items – and if the item size is smaller than expected, you will receive more items.

Prices may vary during the order cycle, but by exception only. They can go either up or down depending on movements in market prices.

Soon after the order cut-off, your nominated card will be charged the full amount of your order, which includes items in your starting order and any splits that had reached the minimum threshold quantity prior to the cut-off.

You will receive an emailed receipt from eWay. If the transaction fails, you have 24 hours to rectify the issue (e.g. make available sufficient funds, pick up a new card) before the transaction is re-processed.

If it fails a second time, you will receive an email asking you to contact Box Divvy the following morning so that the transaction can be processed over the phone. You must do this before the goods are released by your Hubster.

If you do not make contact us by 5pm on collection day, your order will be donated to a local charity or family-in-need. You will still be liable for the full order amount and we retain the right to charge your card at a later date.

Profile

Your Profile must contain your name, full street address, household size, Hub joined, phone number, email address, credit/debit card details and any other ordering information specified on this web site. Debit/credit card details are only kept in truncated form, with full card details held by eWay (Web Active Corporation). Members are identified only by a token.

Non-availability of goods

We give no undertaking as to the availability of products advertised on this web site. Where an item does not have enough support from the rest of the Hub to reach the minimum order threshold, or where an item is out of stock or otherwise unavailable, you will not be charged for that item and we will have no liability to you for failure to deliver that item.

Pricing

Prices in the Product List are in Australian dollars, inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.

The price of the Goods as shown on the Product List is the price applicable at the time you view it. Items in your order are charged at the price applicable at the time that your order is submitted.

Individual product prices exclude:

Hubster Admin Fee (if applicable). This is capped at 12% of the order value (excl the Hubster's own order, and excluding GST and delivery fees). The Hubster Admin Fee is set by the Hubster, shown separately in your order and can be between 0% and 12%.
Transport fee. This covers the cost of delivering the goods from the farmer, food producer or wholesaler to the Hub. The delivery fee is split equally between the Hub members who have ordered at least 1 product from that supplier.

The Hubster Admin Fee and the Transport Fee are calculated and shown in the My Order tab.

Credits

If one or more boxes are either missing from the order, or considered by the Hubster to be sub-standard in quality, the Hubster can apply for a credit. If approved, the missing items will be credited to each member based on the number of items missing in their order.

If an item is missing from your order due to a packing error by the Hubster, (s)he will provide you with a "make-good" in your next order. This may be a different item, but approximately of the same value.

Cancellation and suspension of orders/membership

You may suspend future orders (up to 6 months in advance) by logging onto the website and navigating to My Orders/Suspend Deliveries.

Orders must be suspended prior to the commencement of the order cycle (as shown in your Hub Profile). Once an order is created, you cannot cancel it. The reason for this is that your cancellation would force all other members to take your produce in order to meet minimum quantity requirements.

You may cancel your membership at any time, but if you cancel after the order creation date, you will be required to pay for and collect this order.

Any remaining balance in your Box Divvy account will be refunded to your bank account within 2 business days of your cancellation.

Collection

Your order can be collected from your Hub Address during the nominated collection day/time. If you are unable to collect your Order at this time, you will endeavour to find someone else to collect your Order. If that is not possible, you agree to contact the Hubster to arrange for collection within 24 hours of the original collection time. If you fail to contact the Hubster within 3 hours of the original collection time, we will retain the right to donate the Order to a charity or local family-in-need as nominated from time to time by the Hub members.

Risk & title in the goods

Title in the goods does not pass to you until payment has been received, or the goods have been delivered, whichever is the last to occur.

Risk of theft or other loss or damage to the goods passes to you upon collection from the Hub, or – in the case of home delivery – as soon as the order has been delivered in accordance with your instructions.

If the products purchased are recalled by the manufacturer for whatever reason then, provided the product is returned with its original packaging, a credit will be applied to your next order. Should you decide not to place another order then a refund will be provided within 7 days of you making such a request.

No warranty about product specifications

Box Divvy aims to include in the Product List up-to-date pictures and descriptions of the goods. At times, the picture and/or descriptions of the goods on the Product List, may differ from the goods actually supplied to you. Box Divvy does not warrant the accuracy of the information contained in the Product List.

Containers to pack your order in

Your order will be packed in one or more cardboard boxes, unless you supply your own bags to the Hubster. If you do, the bag(s) must stand up by themselves, and be clearly labelled with your full name. Bulk items such as rice, nuts and dried beans will be packed in biodegradable bags, unless you supply plastic containers clearly labelled with your full name. We do not accept any glass containers because of the risk of breakage.

Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your purchase of goods or other use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

Exception to disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Specific warnings

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

Copyright infromation and privacy policy

Our privacy policy is outlined in detail separately.

Termination of access

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing law

These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.