Terms & Policies
The Market Basket Co. Terms and Conditions
In respect to the Terms and Conditions, “we,” “us,” and “our” are defined to mean The Market Basket Co. (TMBC). “You” is defined to mean you the user of the site and customer of The Market Basket Co.. “The website” is defined to mean the The Market Basket Co. website found at www.marketbasketco.com.au. Along with your purchase order, these Terms and Conditions form a contract between us and you. This contract may not be changed unless we consent to any change in writing.
Confirmation of Legal Age
By placing an order, agreeing to the Terms and Conditions, and thus creating a contract with us, you confirm that you are at least eighteen years of age. Those younger than eighteen cannot place orders with us. If we suffer any loss, real or financial, because a minor below the age of eighteen placed an order with us, we may, at our discretion, pursue compensation for such a loss from the adult parent(s) or legal guardian(s) of aforementioned minor who attempted to engage in a transaction with us.
We are open for business Monday to Friday, between 9.00 a.m. and 5:00 p.m. Eastern Standard Time, with the exception of public holidays.
You place an order by: 1) agreeing to these Terms and Conditions, and 2) completing an order form on the TMBC website.
Completion of order is confirmed by your pressing the “Confirm” button on the order form which confirms your agreement to the Terms and Conditions and your desire to purchase the baskets you have selected in the transaction contained in the order. You will be issued an order number after your order is successfully processed. The TMBC website and product information contained therein sets up an invitation to treat. The website and product information is not an offer to supply products; however, in the event of an order, we will make every reasonable effort to supply the products in your order to you.
After your order is placed, you will receive notification of the processing of your order via an "Order Confirmation" email. Your order is not legally accepted by us and a contract is not created until your order is validated internally by us and verified to be free of credit card or other identity fraud. We reserve the right to refuse to fulfill your order, to end your account, remove content including product information from our website, and otherwise cancel orders.
When your order has been shipped you will be notified via email. If, after your payment is received, your order cannot be processed and/or shipped for any reason, you will be contacted via email or phone.
Methods of Payment and Payment Processing
For both retail and wholesale customers payment can be made by Visa or Mastercard (excluding Platinum cards) at the time of ordering, or via electronic funds transfer, or by cheque or Australia Post money order.
Your payment will not be processed until your purchase order is completely verified. Orders that are placed on weekends (Saturday and Sunday) or any public holidays will not be processed until the following business day.
Credit Cards: We are not able to accept credit cards from non-Australian banks or lenders. With your credit card order, a tax invoice will be emailed to you along with an order confirmation. Consider this tax invoice the proof of your purchase.
Australia Post (AP) Money Order: Your AP Money Order should be made out to "The Market Basket Co. Pty Ltd". If it is not correctly made out and/or is not received seven days after your order confirmation, we reserve the right to cancel your order.
All Orders: For security purposes and as part of our commitment to combat credit card and identity fraud, you may be asked to provide further identification or other information related to your order before your order is processed.
Packing and delivery charges are $5 for all locations within Australia, regardless of the quantity of baskets ordered. If not paid for at time of ordering, baskets will be dispatched as soon as possible after payment is received.
Usual arrangements are payment on pro-forma invoice for the initial wholesale order and, for subsequent orders, payment is 21 days from date of invoice. Minimum order is 12 baskets in total, of at least 2 per style. Packing and delivery charges are $20 + GST for all locations within NSW and Victoria and $30 + GST for all other locations, regardless of the quantity of baskets ordered.
What is showing on the web is what is currently in stock.
We endeavour to process orders as soon as possible after receipt. Subject to availability, delivery of goods will be made to the buyer’s nominated delivery address on the earliest practicable date.
We use Australia Post (AP) or Fastway Couriers for delivery. AP or Fastway will deliver to the address you have specified as your “Shipping Address” on your order. In the case that no one is available to take receipt of your basket(s), AP or Fastway will leave a card with instructions for how to coordinate another pickup time.
Please allow 10 business days (excluding weekends and publicly-recognized holidays) from your order confirmation and payment processing until delivery of your basket(s). For AP Money Order payments, please allow an additional 1 to 2 business days for the order to process. We make every effort to honor the estimated delivery time in regards to your receipt of your basket(s), however, estimated delivery times may be subject to circumstances outside of our control. If your delivery window has passed and you have not received your basket(s), please contact us for information on the status of your order.
We deliver to street addresses or to PO boxes within the Commonwealth of Australia but, regretfully, we cannot ship to international destinations. Orders returned due to an incorrect delivery address will require an additional charge for redelivery.
For questions about delivery to multiple addresses, delivery methods, or any other question, please e-mail firstname.lastname@example.org or call us on (02) 9332 2031 during business hours.
The Market Basket Co. is not liable for any delay in or frustration of delivery due to force majeure or any other circumstance beyond the control of TMBC, provided that it must notify the Buyer thereof as soon as reasonably possible, in which event either party may give to the other written notice of termination of the order without incurring any liability to the other on any account whatsoever. Title to the goods will not pass to the Buyer until the purchase price has been fully paid. Upon delivery, title and all risk of loss pass to you the customer and new owner.
The Market Basket Co. may issue you with Store Credit, subject to our discretion. Store Credit may only be used towards the purchase of baskets listed on the website. Store Credit has no value and cannot be redeemed for real money. When you place an order, you may elect to apply any Store Credit in your account towards the purchase. If you have more Store Credit than is required for the purchase, remaining Store Credit will be reserved in your account for future purchases. If you do not have enough Store Credit for the full purchase price, your Store Credit will all be applied to the purchase and you will need to pay the remaining balance.
TMBC may issue you a discount code periodically. These codes may only be used towards the purchase of baskets listed on the website. Discount Codes have no value and cannot be redeemed for real money. Discount Codes are subject to these Terms and Conditions.
We check each basket individually for quality before dispatch, however, for any problems with baskets received please email or call us during business hours to arrange replacement of your basket. You may also return your basket within 14 days of receipt for a refund if you are not completely happy with it. Please send an e-mail before you ship your purchase back to us so that we will be expecting it. Returns should be sent by post to: The Market Basket Co., PO Box 79, Potts Point NSW 1335.
While TMBC makes every attempt to list product information, price information and all other information accurately, there may be the occasional typographical error. We cannot be held liable for such typographical errors and we reserve the right to refuse to honor an order based upon misunderstanding arising from such typographical errors.
Prices are Subject to Change
TMBC makes every effort to list accurate prices on the website at all times. Prices are subject to change without notice.
Goods and Services Tax
Pursuant to the tax regulations governing Australia, all purchases made on the website include the Goods and Services Tax (GST).
When you place your order, and therefore agree to these Terms and Conditions, you agree to the storage, processing and use of personal and related data from your order for the express purpose of processing your order and shipping it to you. At the time of your order, by selecting the appropriate option on your order form, you may agree to the use of your personal data (with the exclusion of credit card or other payment processing details) for the express purpose of providing you periodic notifications of sales, specials or other information on our products for sale. This may be in the form of e-mail alerts, newsletters or similar. If you do not agree to this use of your data you may opt-out of these product notifications by selecting the appropriate option on your order form. We will immediately honor the wishes of a customer not wanting to receive marketing materials from TMBC.
Security and Privacy
Your personal information is protected both online and offline. Whether you purchase a product, send a gift or request our newsletters, you do so under up-to-date encryption/security policies and technological safeguards. All personal information is collected pursuant to these standards and is secured in databases for the sole and exclusive use of TMBC. Personal information provided will not be sold, rented, traded, or otherwise shared with anyone outside of The Market Basket Co..
We have incorporated state-of-the-art security measures to protect the sensitive data on our website, including your credit card information and personal data. The Market Basket Co. is an SSL Certified secured website that utilises high-level 128-bit SSL encryption.
While we take every precaution, The Market Basket Co. cannot be held responsible for damage or loss, direct or indirect, that results from fraudulent credit card use on our website.
The Market Basket Co. website may contain links to other websites. These linked sites are not under the control of TMBC and TMBC is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. TMBC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TMBC of the site or any association with its operators.
The use of images on the TMBC website is prohibited unless specifically permitted in writing by us.
No Right to Assign
You do not have the right to assign any obligations or rights according to these Terms and Conditions, directly or indirectly and in whole or in part, without the prior written consent of TMBC. The unauthorised assignment of any such obligations or rights will be considered null and void.
Statement of Liability
The TMBC website is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TMBC website constitutes your agreement to all such terms, conditions, and notices. As a condition of your use of the TMBC website, you warrant to TMBC that you will not use the TMBC website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Use of and browsing in the TMBC website and use of our products are at your risk. Neither TMBC, any of its affiliates, nor any other party involved in creating, producing, or delivering the site or our products, is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site or our products. Without limiting the foregoing, everything on the site, and our products, are provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Market Basket Co. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.
In no event shall The Market Basket Co. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever for use of our website or our products including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the TMBC website, with the delay or inability to use the TMBC website or related products/services, the provision of or failure to provide products/services, or for any information, products, services and related graphics obtained through the TMBC website, or otherwise arising out of the use of the TMBC website, whether based on contract, tort, negligence, strict liability or otherwise, even if The Market Basket Co. or any of its suppliers has been advised of the possibility of damages. In no circumstance will our liability for any supplied product exceed the value of that product.
Nature of the Terms and Conditions
The Market Basket Co. reserves the right to amend or otherwise alter these Terms and Conditions at any time. The contractual relationship between you and us is governed by whichever version of these Terms and Conditions was posted at the time of the placement of your order. No third-party, including employees or agents of TMBC, have the authority to alter any portion of these Terms and Conditions for a particular sale or sales.
Governing Law These Terms and Conditions are governed by the laws of New South Wales, and are subject to the jurisdiction of New South Wales' court system.
The Market Basket Co., ABN 54 113 772 160, Darlinghurst, NSW 2010, Australia