Terms and Conditions
By subscribing to Fetched you are agreeing to all conditions set out below.
This page, including the documents referred to on it, tells the customer (you/your) the terms and conditions (Terms and Conditions) on which Fetched (we/our/us) will supply to you the products (products) listed on our website www.fetchedco.com.au (Site), via one of our subscription services (Services). Please read these Terms and Conditions carefully before ordering any Products from the Site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these Terms and Conditions and any policies stated on the Site. WE reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will be will represent your agreement to be bound by these Terms and Conditions and policies as amended. We therefore recommend that each time you access the Site you read these Terms and Conditions and policies.
Please tick the checkbox in the shopping cart to accept these Terms and Conditions. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any Products from the Site.
- INFORMATION ABOUT US
We operate the Site located at www.fetchedco.com.au. We are FETCHED CO PTY LTD (ABN 54 617 397 047).
- SERVICE AVAILABILITY
The Site is only intended for use by people residing in Australia (Service Area). We do not accept orders from individuals outside the Service Area.
Customers must provide a valid email address, mobile number and credit card for all orders accepted online. We do not accept orders by email or phone.
- YOUR STATUS
By placing an order through our Site, you warrant that:
- You are legally capable of entering into binding contracts,
- You are at least 18 years old, and
- You are a resident in the Service Area
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After completing the subscription or order process on the Site, you will receive an email from us acknowledging that we have received your order (Order). Please note that this does not mean an order has been accepted.
An Order will relate only to the Product or Service you have ordered or subscribed to.
Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products or Service. For each Order accepted by us, we will supply the Products or Service in that Order to you in accordance with these Terms and Conditions.
- ACCEPTANCE OR REJECTION OF AN ORDER
We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price of the Product description posted on the Site or in an Order.
If we reject an Order, we will endeavour to notify you of that rejection at the time you place the Order or within 7 days after you submit an Order.
You are not permitted to purchase any items for resale to a third party or for trade purposes.
If we refuse an Order after the Order has been processed, a full refund, less any discounts, will be made within 10 business days.
- SUBSCRIPTION SERVICES
Fetched is a subscription service. We will deliver until you tell us not to. You can adjust your subscription at any time. There is no minimum term.
When you place an order for a subscription Product you enter into an agreement to receive the Product on an ongoing basis. You will be charged for your initial order upon completing the initial transaction on the site. Subsequent recurring orders will be charged following the relevant timeframe, without further authorisation from you, unless you have cancelled or otherwise modified your subscription or delivery preferences as outlined in these Terms and Conditions.
Your order may not be fulfilled if you place your initial order using a free box code and cancel your subscription before your Order has been processed.
By subscribing to the Services, you are agreeing to receive our Product on a recurring basis for an indefinite period until cancelled by you or us as set out in these Terms and Conditions.
The subscription amount and billing interval are set out on the checkout page, confirmation correspondence, and the customer login area of the Site.
An account activation email will be sent from us following the initial sign up. Your account will need to be activated in order to change your subscription terms.
You can cancel, pause and otherwise amend your subscription at any time without the need to receive further Products from us Provided that your adjustment request is received via your Account section of the Site. You will not be charged a cancellation fee.
You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription.
We reserve the right to terminate your subscription at our reasonable discretion at any time and without giving any reasons for our decision.
- SUBSCRIPTION MANAGEMENT
There is no minimum term.
Subscription cancellation and adjustment requests must be received in your Account section of the Site.
If you cancel the Order after the Order has been processed, we have no obligation to fulfil the cancellation request and/or refund your money.
- CHANGE OF DETAILS
Changes to address details and/or delivery instructions must be communicated via the methods and by the cut-offs outlined in these Terms and Conditions.
We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
From time to time we may need to revise the price of the Products. For any price variations in relation to the Services, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate the Services before Products are delivered under the new pricing plan.
The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.
Product prices and delivery charges include taxes including GST where applicable.
Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
Orders will be charged to your nominated payment method.
- It is your responsibility to ensure your accepted payment method details are valid and up to date.
- It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
STORAGE OF COLLECTED INFORMATION
- Fetched does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.
- All online debit/credit card transactions performed on this Site are through secured payment gateways.
- Complete debit/credit card details cannot be viewed by Fetched or any outside party.
-Payments will appear on your bank statement as “FetchedCo”
- Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.
- If we are unable to debit your payment method your Product may still be dispatched and the sale will be deemed to have occurred.
- In such instances Fetched will re-attempt the payment process. We reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts.
-In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party.
- We reserve the right to suspend or terminate future deliveries when payments are outstanding.
- If you fail to settle outstanding amounts within ten days of the order cut-off date a late payment fee may apply.
- You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments.
-If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.
SUSPECTED FRAUD ATTEMPTS
- We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
- We reserve the right to terminate your order or accounts following the investigation.
- OUR REFUNDS POLICY
If you have cancelled an Order in accordance with clause 7, we will process any refund due to you within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the Product to us.
If you consider that any Products sent to you are damaged, you can notify us and we will examine the received digital or physical evidence of the defective Product and will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
If you seek a refund for any other reason, you can request a refund by email to email@example.com and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Please take care when specifying your delivery address as refunds will not be provided for if you enter an address incorrectly.
Please take care when specifying your delivery address as refunds will not be given if you enter an address incorrectly.
Delivery windows vary by location. If you will not be available to accept the delivery please make an alternative arrangement and leave specific delivery instructions on the checkout page for our drivers to follow.
Ownership of products will transfer to you once we have delivered in accordance with your delivery instructions.
If a re-delivery is required at an alternative time through no fault of Fetched or our logistics partners, an additional fee of $15 may be charged.
A delivery fee may apply in some areas, including but not limited to Regional WA and NT.
We only deliver to addresses within the Service Area. Depending on the location or the time of the delivery a fee may apply. This will be communicated at the point that you place your initial Order.
If we implement a delivery fee for an existing Service we will advise you 14 days before the fee becomes effective so that you will have the opportunity to cancel any future orders before the fee is effective.
We will aim to deliver within 3 days of the order date. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
We will deliver the Products to the front door of your nominated delivery address (Delivery Address). You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
We may require the person accepting the delivery of the Products to provide us with proof of that person's identity (including photographic identification) and, where relevant, age.
Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.
If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.
You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.
- RISK AND TITLE
The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- DISCLAIMER AND LIMITATION OF LIABILITY
The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits
While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an “as is“ and “as available“ basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
To the extent permitted by law, 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 use of, attempted use of, or inability to use the Site or any linked website, 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 the Site.
To the extent permitted by law:
(A) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:
(i) In the case of the supply of Products:
-replacement or resupply of the Products; or
-the cost of replacing or resupplying the Products;
(ii) In the case of the supply of Services:
- supplying the relevant Services again; or
- the cost of supplying the relevant Services again, and;
(B) in any event, will not exceed the fees paid by you to us under the relevant Order.
To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.
Nothing in these Terms and Conditions is intended to limit your rights as a consumer under any relevant laws or Acts.
- LINKED WEBSITES
The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
- TRANSFER OF RIGHTS OR OBLIGATIONS
These Terms and Conditions are binding on you and us and on our respective successors and assignee's.
You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
- INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.
You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licencors.
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.
- FORCE MAJEURE EVENTS
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
-impossibility of the use of public or private telecommunications networks;
-epidemic, pandemic or other health emergency (whether declared or not); and
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
We may use your contact information to send you newsletters from us and from our related companies.
These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.
Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.