Age: To register an account and use the Website / Mobile App you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
Registration and User Requirements
You must be a registered member of BasketG to make orders and access some features of the Website or Mobile App. You will provide us with current and accurate personal information including your name, address, and a valid email address.
By using the Website/ Mobile App and its related functionality, you grant your consent to us to send you direct marketing communications to the email address you provide. However, you may unsubscribe at any time if you find it not fit. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you (mistakenly) abandon the page during a transaction.
ACCESS AND USE OF THE WEBSITE/ MOBILE APP
You must only use the Website/ Mobile App through the interfaces provided by us and in accordance with these terms and any applicable law.
You must not (or attempt to):
interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our website or the servers or networks that host our site;
use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
interfere (or attempt to interfere) with security-related or other features of our website; or
use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
You must not use another member's account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
We do not warrant that the Website/ Mobile App service will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.?
INFORMATION ON THIS WEBSITE/ MOBILE APP
Information about goods (products) on the Website/ Mobile App is based on the material provided by third-party merchants, suppliers and product manufacturers. ECom18 PTY LTD (BasketG) cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third-parties, except as required by law (including the Australian Consumer Law).
You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
Due to photographic and screen limitations associated with the representation of goods, some goods ‘in actual’ (in particular, vegetables, fruits, groceries, etc.) may differ to a small extent in visual appearance (e.g. in colour, size, etc.) from the way they appear on the Website/ Mobile App. Moreover, some depictions of products or services (where it is suitable to do so) are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
DISCLAIMER AND LIABILITY
To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website/ Mobile App including, but not limited to, loss or damage you might suffer as a result of:
errors, mistakes or inaccuracies on the Website/ Mobile App or our social media pages;
you acting or not acting, on any information contained on or referred to on the Website/ Mobile App and/or any linked Website/ Mobile App or our social media pages;
personal injury or property damage of any nature resulting from your access to or use of the Website/ Mobile App;
any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
any interruption or cessation of transmission to or from the Website/ Mobile App;
any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website/ Mobile App by any third-party; and/or
the quality of any product or service of any linked sites.
We do not endorse, guarantee warrant, or assume responsibility for any product or service advertised or offered by a third-party through the Website/ Mobile App or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party merchants of goods and services.
Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website/ Mobile App or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service merchant to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. ECom18 PTY LTD (BasketG) accepts no liability in this regard.
You will at all times indemnify, and keep indemnified, ECom18 PTY LTD (BasketG) and our directors, partners, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
Orders placed by you are offers to purchase either:
a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third-party supplier/merchant terms and conditions at the price specified (including delivery and other charges); or
goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
BasketG uses automated fraud detection software that may result in your order being delayed or cancelled. In case your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion on event of suspected fraud.
We may reject your order, in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website/ Mobile App.
You must Review carefully before placing your order. You are unable to cancel or change, once an order is confirmed. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. Please note that change of mind returns is given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.
In the event that we cancel or are unable to fulfil your order, we will provide a full refund (if any payment is received).
We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or store credit (at your discretion) in the event we cannot fulfil your order.
PRICE, PAYMENT AND USE OF DISCOUNT/COUPON CODES
The prices of goods, delivery and other charges showcased in the BasketG Website/ Mobile App are in Australian dollars.
All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.
REDEMPTION OF GOODS AND SERVICES FROM THIRD-PARTY MERCHANTS
Some goods and services sold on the Website/ Mobile App are offered on behalf of third-party merchants. If this is the case, it will be clearly stated in the listing. Subsequent to your purchase, you will receive a redemption code to be used upon redemption. Your purchase shall be redeemable only for the specified goods or services from the relevant merchant of the goods and services and shall only be available for redemption during the period specified on the voucher. The merchant, (and not BasketG), is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring your purchase.
To the extent permitted by law (including the Australian Consumer Law), BasketG makes no warranty or representation regarding the standard of any goods or services to be supplied by the merchant.
Neither BasketG nor the merchant is responsible for lost or stolen redemption codes or fraudulent use (by a person other than BasketG or the merchant) of the code’s unique reference number.
Any unused portion of your Store Credit shall be credited to your account.
To the extent permitted by law, BasketG reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the BasketG Website or Mobile application.
Store credit issued in lieu of a refund will expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion will expire after 3 months.?
SHIPPING AND DELIVERY
Subject to this Agreement, BasketG will supply the goods shown on your order confirmation.
We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control.
Standard and express post are subject to different fees and charges. These will be made available to you at checkout.
Express post is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
Customer signature is required for delivery, and you are responsible for ensuring you are able to accept delivery.
(a) We will not be held liable for late delivery where attempted delivery has occurred on or before the delivery time-frames;
(b) A parcel has been signed for delivery has occurred.
We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
PACKAGING AND LABELLING
Our endeavour is to rightfully depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to some extent different in appearance and packaging from their appearance in images and photographs on the Website/ Mobile App.
We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
Since some goods are imported or originate from outside of Australia, their packaging, ingredients and size may vary from the same or similar product available in Australia.
CHANGE OF MIND RETURNS
BasketG cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion, allow a return for store credit or exchange product on a case-by-case basis, provided that the item in question is:?
non-perishable goods (such as milk, vegetables, fruits, etc.)
returned within 7 days of order;
not used (with original tags and/or packaging); and
not damaged in any way.
If we allow a return in these circumstances, we will ask you to follow our returns process.
We may provide you with a product exchange or store credit only when we receive the returned product. Change of mind returns are not accepted for perishable goods (such as milk, vegetables, fruits, etc.). Remedies for defective goods are still available.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and 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.
Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by BasketG, and rights you may have in relation to those warranties are separate to any warranty rights given to you by BasketG. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
PROCESS FOR RETURNS AND REFUNDS
When seeking a return on a product, please contact us via Email at firstname.lastname@example.org Once contacted we will investigate your issues and advise you whether your product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply.
Once an item is returned, we will either inspect your goods and investigate any claimed defect, or where we believe it is applicable, provide a remedy in relation to your goods. In case we believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.
ECom18 PTY LTD (BasketG) aims to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
In the case of goods and/or services redeemable through a third-party provider, the refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
PURCHASE AND SALE OF ALCOHOL
We support the Responsible Service of Alcohol. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. ECom18 PTY LTD Ltd (BasketG)
Certain laws may declare your area a dry zone. As a consequence, we may be unable to deliver orders for alcohol to certain addresses. Please check with your local authorities before placing an order if you believe you may be in a dry zone.
By placing an order for alcohol, you represent and warrant that you and/or the recipient, of the alcohol are at least 18 years old. It is an offence to falsely represent a person is of legal age to order alcohol and to obtain alcohol on behalf of a person who is under 18 years. You may be required to provide a valid ID for proof of age and sign on delivery.
SOCIAL MEDIA AND CONTENT
You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, Mobile App, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the Website/ Mobile App or Social Media unless it originates from us. Consequently, by using the Website/ Mobile App or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website/ Mobile App at your own risk and to the extent permissible at law we do not accept liability in this regard.
As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website/ Mobile App via your account and you must not post (or allow) content to be posted through your account that:
you do not have the right to post;
is defamatory or in contempt of any legal or other proceedings;
is misleading or deceptive;
is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
denounces religious or political beliefs;
contains religious or political material;
is indecent, obscene, vulgar, pornographic or offensive;
infringes any copyright, trademark, patent or other intellectual property right of another person;
contains any unsolicited or unauthorized advertising or promotional material;
contains or links to viruses, malware, spyware or similar software; or
impersonates any person or misrepresents your relationship with any person.
We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website/ Mobile App or our Social Media pages without giving any clarification.
You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website/ Mobile App is either owned, controlled, or licensed to BasketG, or is otherwise subject to the intellectual property rights of third-parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. ECom18 PTY LTD (BasketG) reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website/ Mobile App that belong to third-parties are used with permission and remain the intellectual property of the third-party.
You may not:?
modify or copy the layout or appearance of the Website/ Mobile App nor any computer software or code contained in the Website/ Mobile App; and/or
decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website/ Mobile App.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website/ Mobile App and developing your ideas and suggestions for improved goods or services we provide.
TRANSFER AND ASSIGNMENT
You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website/ Mobile App to a third-party:?
we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third-party; and
we shall be entitled to assign the benefit of any agreements we have with you to the third-party.
ECom18 PTY LTD (BasketG) will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
This Agreement will be governed by and interpreted in accordance with the laws of , Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the, Australia.
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by authorised ECom18 PTY LTD (BasketG) personnel.
PRIVACY AND PERSONAL INFORMATION