1. About this Website
Welcome to AUBERGINE SA PTY LTD
Please read these terms and conditions carefully. You must not access this website if you do not agree with these terms and conditions.
ABN: 88 119 712 674 Trading as AUBERGINE SA PTY LTD | Stall 57, Adelaide Central Market – 44-60 Gouger Street Adelaide SA 5000.
You and Aubergines Fresh Produce enter into a sale contract for the sale and supply of products, by you making an offer to Aubergines via the website, to purchase products at the prices advertised on the website.
Aubergines will receive your order and payment will be made on collection of order via EFTPOS or CASH.
2. User Agreement
(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us (AUBERGINE SA PTY LTD) and you.
(2) We reserve the right to amend these terms at any time at our sole discretion. Your continued use of the website will represent an agreement by you to be bound by these terms as amended and will apply to any order you place from the effective date of the change. We recommend you review the terms for amendments each time you use the website and before placing any order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3. Guests and Registered Users
(1) You may access and/or use the website as a guest or as a member.
(2) To become a member of the website, you must provide your name, address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website.
(3) You will receive an email from us immediately after you create your membership account.
(4) We only permit one registration per email address.
(5) You must not use another members’ account without permission.
(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password.
(8) We reserve the right to terminate a member’s account on 24 hours notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.
4. Legal Capacity
(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms, or where you purchase goods from Aubergines.
(3) Aubergines Fresh Produce reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an order to be placed.
(1) Prices shown on this website are in Australian Dollars (AUD).
(2) Aubergines will offer each product for the price described in the website for sale until the date specified or until sold, or where no date is specified, up until the offer is removed from the website, whichever first occurs, at not greater than the price specified in the website for that product, subject to these terms.
(3) We reserve the right to rectify any errors on this website at any time.
(4) At the time you place your order, if there is a product with an incorrect price charged, we reserve the right to remove this product from your order or charge at the correct rate. We will notify you and the decision will be yours if you wish to proceed with the particular product.
(5) Average weight cart calculator: Our online cart calculator is a rough guide for how much quantity you are after. The displayed price when you add product to cart is what you will be supplied with.
(1) AUBERGINE SA PTY LTD accepts payment from you.
(2) All payments must be made in full.
(3) Payments must be made via EFTPOS or CASH when collecting your order.
7. Website Information and Content
(1) Photographs are for illustrative purposes only and may vary from products depicted or described.
(2) Aubergines Fresh Produce, at any time, may add or remove content from the website without notice.
(3) Any articles, information or content published on this website must be read subject to these terms.
(4) Although Aubergines uses its best endeavours to confirm the accuracy of any information supplied, you agree that Aubergines cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to the agent or by manufacturers or suppliers changing product specifications without notice to Aubergines. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
12. Your Use of the Website
(1) You agree to use the website only for purposes that are permitted by these terms, any applicable law or regulation and/or generally accepted practices or guidelines.
(2) You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content.
(3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
(4) Aubergines may stop (temporarily or permanently) providing access to the website to you, or to guests or members generally, at its discretion and without prior notice to you.
(5) Aubergines may in its sole discretion terminate your account or restrict your access to the website. If Aubergines does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. The agent will not be liable to you or any third party for doing so.
(6) As electronic websites are subject to interruption or breakdown, access to the website is offered on an “as is” and “as available” basis only.
(7) Aubergines may impose limits or restrictions on the use you may make of the website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, Aubergines may withdraw the website, or change or remove website functionality at any time without notice to you.
13. Website Security
(1) We ensure that our checkout service is secure and that your personal information is transmitted to our servers in a secure manner.
(2) When placing an order from Aubergines your personal details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology and we do not store Credit Card details on the website. If you have any questions regarding our security policy, please Contact Us.
14. Intellectual Property Rights
(1) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Aubergines, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them.
(2) Nothing contained on the website is to be interpreted as a recommendation to use any information on the website in a manner which infringes the intellectual property rights of any person. Aubergines makes no representations or warranties that your use of the information on the website will not infringe such intellectual property rights.
(3) You may view the website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the website or commercialise any information obtained from any part of the website without the prior written consent of Aubergines or, in the case of third party material, from the owner of the copyright in that material.
(4) You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
Any changes to the terms & conditions on our website will be updated here.