Terms & Conditions

Lovey's Grocers Online Shopping Terms and Conditions

1. General

1.1 This Lovey’s Grocers Online site is a shopping website where you can browse, select and order products advertised on the Lovey’s Grocers Online site.
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3 Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.

2. Registration

2.1 You must be a registered user of this Site to place an order. To register as a user you must complete the registration application on this Site. To register as a user and to place an order you must be at least 18 years of age. You warrant that all information you provide in registering to use this Site, in using this Site, and in your dealings with us are true and accurate and not misleading.
2.2. All information that you provide through this Site including the registration process is governed by our Privacy Policy and we will take all reasonable steps to prevent any data being inappropriately released or misused. Please see our Privacy Policy which is available via www.loveys.com.au
 

3. Placing an Order

3.1. You may place an Order by:
3.1.1. using this Site to select one or more Products equal to or greater than the Minimum Order Value;
3.1.2. completing any relevant details required by this Site including (as applicable) details of the Delivery Address and Delivery Window or Collection Window; and
3.1.3. paying the Product Price, Delivery Fee and any other fees we notify you of prior to you submitting your Order in accordance with these Terms.
3.2. We may request further information and/or that you confirm the details of your Order for the purpose of processing your Order. If you delay responding to our request for information there may be a delay in the delivery or collection time of your Order.
3.3. You must ensure that any details required by this Site to process your Order are current, complete and accurate. If such details change, you must notify us immediately and we will use best efforts to accommodate any change but always subject to our absolute discretion.
3.4. If you linked your Loveys' Grocers Rewards Card membership number when registering as a user of this Site you will earn reward points for Products purchased via this Site. Your use of your Lovey's Grocers Rewards Card is subject to our Loveys' Grocers Rewards Card Terms and Conditions which are available via www.loveys.com.au
3.5. Where there is a limit or condition on the volume of Products that may be purchased by a single person, you agree to abide by the same and agree not to make multiple Orders for the purpose of exceeding such limits or conditions.
3.6. You must only use this Site to order Products for your own use and must not order Products for resale or trade purposes. You must not order commercial quantities and we may reject any Order where it exceeds any Product number limits that we notify you of from time to time (including after you have placed an Order). We may decline an Order which exceeds any weight or volume limit we determine from time to time (including after you have placed an Order).

4. Contract

4.1. A separate contract between you and us is formed for each Order once we have accepted your Order.If we accept your Order, we agree to supply the Products specified in your Order in accordance with these Terms.
4.2. We may reject your Order for any reason including because your Delivery Address is not within our Approved Delivery Locations. If we reject your Order, we will notify you of such rejection as soon as possible after you submit your Order.Subject to these Terms, if you have paid for the Order by credit card and we subsequently reject your Order, we will credit your credit card with an amount equal to the amount you have paid us for the that Order.

5. Payment

5.1. In consideration for the Products, you agree to pay us the Product Price and any other fees we notify you of prior to you submitting your Order.
5.2. In consideration for delivery of the Products, you agree to pay us the Delivery Fee applicable to your order size and delivery address.
5.3. Where applicable, amounts payable under these Terms are GST inclusive.
5.4. Product Prices listed on our Site are exclusive to this Site and may differ to the price for the same Product in our Store or any of our Lovey's Grocers stores. Such Product Prices cannot be redeemed in any of our physical stores and we are not required to match any prices for Products available in our physical stores when you submit an Order on this Site. In addition, the Product Prices may be different from prices for the same products in any Foodland branded store advertisements.
5.5. Payment must be made using a credit card of the kinds specified on the Site at the time you submit your Order. The name on any credit card used for payment must match the name on the Order.
5.6. We will provide you with a tax invoice at the time you submit your Order. Subject to our rights in these Terms, we will provide you with an amended tax invoice at the time we deliver your Order which will specify, amongst other things, any out of stock Products including details of any substitution and/or any refund made to your credit card.

6. Delivery of Products

6.1. This clause and clause 7 apply to any Order you make via the Site for the delivery of the Products to the Delivery Address. We will deliver the Products in your Order
(i) in the Delivery Window; and
(ii) to the Delivery Address.
6.2. You acknowledge that the Delivery Window is an estimate only but we will use all reasonable efforts to meet the same. You must ensure that someone is present at the Delivery Address during the Delivery Window to accept the Order. We may request proof of identity from the person at the Delivery Address.
6.3. We will only deliver Products to you if your Delivery Address is within the Approved Delivery Locations.
6.4. We will deliver the Products to the front door of the Delivery Address. If you ask us to make a delivery beyond the front doors of the Delivery Address and we agree to do so, you agree to indemnify us against any loss, cost or damage suffered by us as a result of delivery beyond the front doors of the Delivery Address. When placing your Order on the Site you may include a note directing us to leave the Products at the Delivery Address even if no one is present at the Delivery Address at the time we deliver the Products (Unattended Delivery Notice). Where you give an Unattended Delivery Notice we will leave the Products at the front door of the Delivery Address and risk in the Products will pass to you on and from such time.
6.5. You acknowledge that any person at the Delivery Address who receives the Products is authorised by you to receive your Order. Delivery will be deemed to have occurred once we leave your Order at the Delivery Address.
6.6. We may use a delivery company to deliver your Order. We may vary a Delivery Window (including the date of the same) where circumstances exist as set out in clause 18.5 below.

7. Failed Delivery

7.1. We may refuse to deliver your Order if:
7.1.1. there is no one at the Delivery Address to accept the Order (unless you have given an Unattended Delivery Notice when placing your Order); or
7.1.2. full payment for your Order has not been received prior to the time we deliver your Order.
7.2. If we refuse to deliver your Order in accordance with clause 7.1 we will use best efforts to contact you:
7.2.1. to re-arrange delivery of your Order in which case we may charge an additional Delivery Fee; or
7.2.2. to inform you that your Order has been cancelled by us in which case
(a) we will credit to your credit card and amount equal to what you have paid to us for the Products less the Delivery Fee, and
(b) we may also in our absolute discretion charge you the Cancellation Fee and/or the cost of any perishable Products in your Order, which we may set-off against any credit we make to your credit card under paragraph (a) above.

8. Collection of Order

8.1. This clause applies to any Order you make via the Site for collection from the Store. Where your Order is made for collection from the Store we will make the Products available to you at the Store during the Collection Window. You acknowledge that the Collection Window is an estimate only but we will use all reasonable efforts to meet the same.
8.2. You agree to collect your Order from the Store in the Collection Window. If you fail to do so we may:
8.2.1. agree another Collection Window; or
8.2.2. cancel your order in which case
(a) we will credit to your credit card an amount equal to what you have paid to us for the Products, and
(b) we may also in our absolute discretion charge you the Cancellation Fee and/or the cost of any perishable Products in your Order, which we may set-off against any credit we make to your credit card.
8.3. If you are collecting the Order, you must
(a)provide us with photographic identification,
(b) sign for the Order, and
(c) if we request, produce the credit card you used to pay for the Order. If you request and we agree to allow someone else to collect your Order, that person must provide us with photographic identification and sign for the Order. If you or your representative fail to provide such identification information when seeking to collect the Order we may refuse to release the Order in which case we will, in our absolute discretion:
8.3.1. agree with you another Collection Window; or
8.3.2. cancel your Order, in which case we will credit to your credit card an amount equal to what you have paid to us for the Products, and we may also in our absolute discretion charge you the Cancellation Fee and/or the cost of any perishable Products in your Order, which we may set-off against any credit we make to your credit card under paragraph (a) above.

9. Out of Stock Products

9.1. From time to time, some of our Products may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order.Subject to clause
9.2, if a Product in your Order is out of stock we will either:
9.1.1. contact you to ask whether you wish to proceed without that Product (in which case we will supply the Order less the out of stock Product and credit your credit card for the amount you have paid for that Product); or
9.1.2. Cancel your Order and credit your credit card for the amount you have paid us for that Order.
9.2. This clause applies in respect of an Order where you have selected the Product substitution option and any Product you have ordered is out of stock or unavailable. In such circumstances we may, at our discretion:
9.2.1. deliver to you a substitute Product of equal or greater value than the out of stock Product Price (we will still only charge you the Product Price of the Product you originally ordered not the price of the substitute Product); or
9.2.2. Remove the out of stock Product from your Order in which case we will credit your credit card the amount you have paid us for that out of stock Product. Where, via the Site, you include specific instructions as to Product substitution when placing your Order we will use reasonable efforts to comply with the same but we may elect to reject your Order where we are unable or unwilling to do so.
9.3. Unless otherwise agreed, no rainchecks are available for out of stock Products.

10. Cancelling an Order

10.1. If there is an error on our Site such as incorrect Product Prices, wrong descriptions or offers for Products that are not available or are no longer available or (b) we believe that your Order has been placed in breach of these Terms, we may cancel the whole or any part of your Order, even if the Order has been accepted by us. In such circumstances, we will credit to your credit card an amount equal to what you have paid to us for those Products and if applicable the Delivery Fee. If we cancel your Order because we believe that your Order has been placed in breach of these Terms, we may charge you a Cancellation Fee which may be set-off against any credit we make to your credit card.
10.2. You may cancel your Order prior to the commencement of the Delivery Window or Collection Window (as applicable) by calling us on 0429921988 if at the time you call to cancel we have not completed picking and packing your Order. If you cancel your Order as allowed under this clause:
10.2.1. at any time before the date of the Delivery Window or Collection Window (as applicable) we will credit to your credit card an amount equal to what you have paid to us for those Products and if applicable, the Delivery Fee; and
10.2.2. on the date of the Delivery Window or Collection Window (as applicable)
(a) we will credit to your credit card an amount equal to what you have paid to us for those Products and the Delivery Fee (if applicable), and
(b) we may also in our absolute discretion charge you the Cancellation Fee and/or the cost of any perishable Products in your Order, which we may set-off against any credit we make to your credit card under paragraph (a) above.
10.3. After an Order has been submitted, we will use best efforts to accommodate any request to amend or vary your Order but we are under no obligation to do so. To amend your Order, please contact us on 0429921988 oe email online@loveys.com.au and quote your tax invoice number and/or Order number.

11. Missing

11.1. If we fail to deliver a Product that we have charged you for, please contact us on 0429921988 immediately. After taking steps to assess your claim and being satisfied with such assessment, we may, at our discretion:
11.1.1. credit your credit card an amount equal to the applicable Product Price; or
11.1.2. Re-attempt delivery of the relevant Product to you as part of your next Order.
11.2. When contacting us to inform us of any missing Products, please have your tax invoice and/or Order number available.

12. Returns

12.1 If you claim a Product is spoiled, damaged, defective or faulty you may return the same to our Store or we may arrange for our agent to collect the same when they deliver your next Order. We will apply our returns policy and comply with applicable law in assessing your claim in respect of such Products. Where we determine the Product is spoiled, damaged, defective or faulty we will credit your credit card for the amount you paid for such Product.
13. Title and Risk Title to the Products

13.1 passes to you on the later of (i) full payment for the Products; and (ii) as applicable, delivery of the Products in accordance with these Terms or the time the Products are collected from our Store. Risk in the Products passes to you once (as applicable) we have delivered the same to you in accordance with these Terms or the Products are collected from our Store.

14. Product Liability

14.1. Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law. In this clause14.1, all italicized and emboldened terms, have the same meaning as in the Australian Consumer Law.
14.2. Without restricting any right or remedy you may have or our liability to you under the Australian Consumer Law:
14.2.1. to the extent permitted by law, no guarantee, conditions, warranty or other terms implied by law apply to any contract between you and us;
14.2.2. we do not make any representation or warranty about the suitability of the Products;
14.2.3. we exclude, to the extent allowed by law, all warranties in respect of this Site and any contract between us; and
14.2.4. We have no Liability to you for any indirect or consequential loss or damage in respect of this Site or any Order or Product whether in contract or negligence, unless caused by our negligence or wilful misconduct.

15. Website Security:

You must ebsure you,
15.1. keep your Site password and login secure and not allow anyone else to use the same and you are liable for any misuse of your login and password;
15.2. promptly notify us if you think someone unauthorized is using your login and password;
15.3. Only use this Site to place Orders and comply with all laws in respect of your use of this Site.

16. Termination and Suspension

16.1. We may, in our absolute discretion, terminate any contract to supply Products to you in which case our liability is limited to any amounts paid by you for any undelivered Order including the Delivery Fee less any applicable Cancellation Fee.
16.2. At any time, we may cease to accept Orders from the Site including where we cease to provide delivery services for Products.
16.3. At any time, without cause, we may suspend your use of this Site.

17. Intellectual Property

17.1 Intellectual property contained on this Site is owned by or licensed to us. We reserve all rights to this Site. You may download, print and reproduce content or material from this Site without our or the specified owner’s consent solely for your own personal non-commercial use. You must not alter or adapt any intellectual property you obtain from this Site without our prior written consent or the consent of the applicable third party owner.

18. Miscellanous

18.1. Linked Sites are provided for your convenience only. Accordingly, we do not endorse or approve the content or information contained in any Linked Site. You should carefully review the terms of use of any Linked Site you visit.
18.2. You must provide us with any information we require to repay any amount to you under these Terms and we will not be liable for any failure to repay where you fail to provide the same.
18.3. We may give you notice by email, post, on this Site or by contacting you on your supplied contact details. You may give us notice by contacting us on 0429921988.
18.4. These Terms are not to be interpreted against us merely because they were prepared by us.
18.5. We will not be liable for any failure to perform our obligations under a contract with you pursuant to these Terms to the extent and for so long as our performance is prevented or delayed because of circumstances outside of our direct control (including labour disputes, obtaining labour, destruction or damage to our premises or a relevant supply site, default or insolvency of any third party, an act of government or governmental authority, terrorism, disruption to the supply of power, gas, internet, water, electronic or telecommunication services, civil disorder, the weather or other natural events) and without fault or negligence by us.
18.6. We may amend, revise or change these Terms at any time. Each time you use this Site you are agreeing to the Terms applicable at that time. For your convenience, we provide a link to these Terms at the bottom of every page of this Site.
18.7. We may set off any amount we owe you under or in respect of any contract against any or all amounts you owe us under or in respect of any contract formed by these Terms.
18.8. You cannot assign or transfer rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in our absolute discretion.
18.9. These Terms are governed by NSW law and the parties submit to the non-exclusive jurisdiction of NSW courts in respect of any disputes arising under or in connection with these Terms.

19. Interpretation

19.1. In these Conditions:
19.1.1. Approved Delivery Locations means those approved locations to which we will deliver your Order as notified on this Site from time to time.
19.1.2. Cancellation Fee means $25 being an amount payable by you in the event your Order is cancelled in accordance with these Terms.
19.1.3. Collection Window means the time range (e.g. 3pm to 6pm) on the date for collection of your Order as specified by you at the time you submit your Order or such revised date and time range as agreed under these Terms.
19.1.4. Delivery Address means the address for delivery of your Order specified by you at the time you submit your Order.
19.1.5. Delivery Fee means the fee payable to deliver your Order being the amount noted on this Site at the time you submit your Order.
19.1.6. Delivery Window means the time range (e.g. 3pm to 6pm) on the date for delivery of your Order as specified by you at the time you submit your Order or such revised date and time range as agreed under these Terms.
19.1.7. Liability means any claim, losses, liabilities, costs or expenses of any kind and however arising, including penalties, fines and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
19.1.8. Linked Site means any third party website linked to this Site.
19.1.9. Minimum Order Value means any amount specified at the time of placing your Order but does not include any Delivery Fee or other fees payable in accordance with these Terms.
19.1.10. Order means a request by you to purchase Products from us using this Site.
19.1.11. Product Price means the price for the Products noted at the time you submit your Order.
19.1.12. Products mean the items offered for sale on this Site, and, where the context dictates, means the Products subject to an applicable Order made by you.
19.1.13. Store means, unless the Site allows you to select from a number of Lovey's Grocers stores, our supermarket at 229 Dowling Street, DUNGOG, NSW, 2420, or where our Site allows you to select from a number of Lovey's Grocers stores, the store you select for collection when placing your Order.
19.1.14. Terms means these Terms and Conditions.
19.1.15. we, our or us means LOVEY'S GROCERS ONLINE PTY LTD ACN: 621099830, trading as Lovey's Grocers Online.
19.1.16. you means the person accessing this Site.
Welcome to Lovey's Grocers Online Shopping, our new and more convenient option for our customers to help with their busy lifestyles!  We offer a "Pay and Pickup" as well as a home delivery service. 

Minimum orders are $30. 

Sign up and start shopping today!

Home delivery prices - Dungog (includes addresses within a 5km radius from Dungog Post Office)

Orders from $30 to $149.99 = $5 per delivery
Orders $150 and over = FREE Delivery

Outside the Dungog Zone (within 10km radius of Dungog Post Office)
Orders from $30 to $149.99 = $15 per delivery
Orders $150 and over = $5 per delivery

For enquiries for orders outside this area please enquire at online@loveys.com.au