Terms & Conditions

 

In these Terms and Conditions “we” and “us” and “Three Frogs” mean we Three Frogs Pty Ltd and "you" means you the customer.

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract can only be varied in writing by letter or email.

 

1. We sell and ship products primarily within Australia.

2. If you are under the age eighteen (18) years you cannot place orders with The Gourmet Grocer.

3. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

4. You may place an Order by filling in the Order Form on the Three Frogs Web Site and clicking the “Submit My Order” button.

5. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.

6. Information contained on The Three Frogs website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products; however Three Frogs will make every effort to supply products to you.

7. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

8. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.

9. Three Frogs reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

10. Three Frogs currently accepts payment using PayPal only. Payment processing will not begin until we receive all the information we need. Business days are Monday through Friday, excluding NSW Public holidays. We will process card payments at the point of order or shipping, we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.

11. Three Frogs purchases include GST where applicable.

12. Three Frogs reserves the right to change prices for products displayed at any time before you place an order

13. Subject to these Terms and Conditions, we will supply to you the products indicated on your Order Confirmation.

14. Delivery takes up to 10 working days from the date your payment is processed; however we cannot guarantee that we will deliver within this time frame. Three Frogs will make every effort to deliver your order according to the estimated delivery times. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.We encourage you to visit the “My Account” section on our website to view the delivery status of your Products. Unless otherwise agreed by us, we will deliver your products to the address indicated on your order confirmation. If no-one is available to take delivery of your products, our carrier (Australia Post) will leave a card so you can pick-up your product from your local Post Office. Title and risk of loss to all Products will pass to you on delivery. Occasionally we may use the services of carriers other than Australia Post.

15. Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees.

16. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.

17. If a Product has a minor defect, we will provide a replacement or a refund. If a product has a major defect, you are entitled to: (1) Reject the goods and receive a refund (2) Reject the goods and receive an identical replacement or one of similar value if reasonable available

18. Three Frogs Warranties: If you believe that a Three Frogs product has an unsatisfactory defect, please contact us for assistance. We will then determine whether to make a refund or provide a replacement. We encourage the notification of claims under this warranty within 30 days by offering to pay for the return of a product where a claim is notified within that time and we determine that the product is defective. Other cases will be considered on their merits.

19. Returning a Product if You Change Your Mind: If you change your mind about a purchase or make an incorrect choice, we will provide you with a store credit within 14 days of delivery for unopened products. This does not include opened products except where a defect has been discovered upon opening the product.

20. Our Liability: To the extent permitted by law: Our maximum aggregate liability for any product supplied to you shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.

21. Your Data - Use And Protection: By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Three Frogs Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Three Frogs Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.

22. Credit Card Fraud: While Three Frogs employs PayPal, Three Frogs will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.

23. General: You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Three Frogs. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Three Frogs reserves the right to change the Terms and Conditions of sale at any time. Three Frogs employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

24. Force Majeure: To the extent permitted by law, Three Frogs is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Three Frogs, and Three Frogs shall be entitled to a reasonable extension of time for the performance of such obligations.

25. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria Three Frogs Pty Ltd ABN n° 66 149 137 262 - ACN n° 149 137 262