Last updated on 23/08/2023      

Bella Blackthorn trading as “ROBelle Farm”

ABN 58 996 558 401

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to ROBelle Farm. In these terms, we also refer to ROBelle Farm as “our”, “we”, or “us”. And you are you!  

What are these terms about?

These terms apply when you use this website, being robellefarm.au and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here Privacy policy.  

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand. Those parts are:                         

Part A: Terms for when you buy Products (applies when you buy)·                         

Part B: Terms for when you browse and interact with this Website (applies when you browse)·                         

Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing).

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

   
Part A For When You Buy Products…

1 SUBMITTING AN ORDER

(a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii) you are authorised to use the debit or credit card you provide with your Order.

(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

(d) Before you submit an Order for any of our Products, please make sure you read and understand the disclaimers set out in clause 21.

2 ACCOUNTS

(a) To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an Account).

(b)  As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d)  Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

(e)  We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

3 PRODUCTS

(a)  We will endeavor to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. However due to screen display, colour and brightness, and image quality and natural variation in the materials used to produce the Products, Products may not exactly match the image on our Website. We ask that you check the quality and quantity of your Products once they are received to ensure that you are satisfied.

(b)  Until the price of your Products is paid in full, title in those Products is retained by ROBelle Farm. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.

4 PAYMENT

(a)  All prices are:

(i) per unit (except where indicated);

(ii) in Australian Dollars; and

(iii)subject to change prior to you completing an Order without notice.

(b)  (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.

(c)  (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by ROBelle Farm, you must pay the GST subject to ROBelle Farm providing a tax invoice.

(d)  (Card surcharges) ROBelle Farm reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e)  (Online payment partner) We may use third-party payment providers (Payment Providers), such as Stripe or PayPal, to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

(g) (Buy Now Pay Later) We may allow you to select Afterpay or another “buy now pay later” service as a payment method at checkout. Afterpay is a payment option which allows you to purchase what you want now and pay it off later through instalments. Afterpay’s terms of use can be found here. Late fees may apply if you miss your scheduled payments. Please refer to the Afterpay website for more information. Our returns and exchange process set out in clause 8 will apply to Afterpay returns. You must continue paying any Afterpay instalments even after you have returned a Product. Remaining instalments will only be cancelled once the return has been processed. For partial returns or exchanges, Afterpay will adjust your remaining instalment amounts.

5 VOUCHERS, DISCOUNT CODES & GIFT CARDS

5.1  VOUCHERS & DISCOUNT CODES

(a)  We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.

(b)  A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.

(c)  If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.

5.2 GIFT CARDS

(a)  We may issue gift cards for use on our Website.

(b)  Gift cards are valid online at our Website and are only redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.

(c)  Gift cards are not legal tender, account cards, credit or debit cards or securities.  They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.

6 DELIVERY AND SHIPPING

(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

(b) (Free Delivery) We may offer free delivery in Australia on carts above a certain amount. The terms and conditions for free delivery will be set out on the Website. 

(c)  (Delivery Details) ROBelle Farm may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

(i) delivery is to the delivery point specifically accepted by ROBelle Farm; and

(ii)we will deliver the Products to you in accordance with the shipping information displayed on our Website.

(d)  (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavor to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(e)  (International Orders) We may accept international orders, however, ROBelle Farm reserves the right to refuse international orders for any reason. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

7 CHANGES TO YOUR ORDER

7.1  CANCELLATION BY US We reserve the right to cancel your order for any reason (for example, due to insufficient stock levels), and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

7.2 CANCELLATION BY YOU You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 7.3 may apply.

7.3 RETURNS AND EXCHANGES

(a) Given the bespoke nature of the Products, we do not offer change of mind returns. However, in our discretion, we may choose to offer selective refunds where you are not entirely satisfied with your Products in accordance with our refund policy, which can be found here: Shipping and returns policy.

(b) We will provide a full refund of the price paid for a Product if we determine that:

(i) a Product you have ordered was not received by you solely due to failure by us;

(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

(iii) a Product is faulty, in accordance with clause 7.3(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.

(c) (Defective products) The following process applies to any Product you believe to be defective.

(i)  If you believe your Product is defective, please contact us using the details provided on our Website with a full description of the fault (including images).

(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.

(iii)If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.

(iv) If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(v)  If you fail to comply with the provisions of this clause 7 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

(vi) Nothing in this clause 7 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

(d) (Allergic reactions) We may offer you a refund if you have an allergic reaction to our Products. The following process applies to where you have had an allergic reaction:

(i) If you have had an allergic reaction to our Products, you must immediately stop using the Product and contact us using the details provided on our Website within 30 days of the Delivery Date, providing images and/or videos of the allergic reaction and any other information or material reasonably required by us.

(ii) If we accept your return in accordance with this clause, we may require you to send the Product back to us (at your cost), together with any proof of purchase and packaging for the Product and any other documentation or information reasonably required by ROBelle Farm, within 60 days of the Delivery Date.

(iii) If we determine, in our discretion, that you have had an allergic reaction to our Products and have otherwise met the requirements under this, you will be credited the full amount paid (including shipping costs) and you may request a refund or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(iv) If we determine that you have not had an allergic reaction or met the requirements under this clause, we may, at our discretion, not offer a return, and we will keep the Product, or deliver it back to your nominated address (at your cost).

8  PUBLISHING MEDIA ONLINE AND ON SOCIAL MEDIA

(a) You may take images or videos of the Products and publish those images or videos online or on social media (or both). If you publish such images or videos, we ask that you provide accreditation to “ROBelle Farm” by watermark, reference, tagging or hashtag.

(b) Despite this clause 8, we reserve the right to require you to remove any images or videos that include the Products or remove any accreditation to us.

(c)  For the avoidance of doubt, we retain ownership of all materials (including images or videos) on or in our Website, social media platforms, podcasts or in any other medium published by us, and you are not permitted to reproduce or publish that material without our express written consent.

9  RATINGS & REVIEWS  

(a) We may allow you to rate a Product (Rating) and/or provide feedback to us regarding our Products and our service (Review), including by submitting a photo with the Review (Photo), on the Website.

(b) You agree:

(i) to ensure that any Rating is a true and fair reflection of your opinion regarding a Product;

(ii)to provide true, fair and accurate information in your Review; and

(iii)that you will not submit a Photo that may be deemed rude, offensive, unlawful and otherwise inappropriate, and you acknowledge that you have obtained the consent of any party in a Photo to submit the Photo to us.

(c) You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review (including any Photo) on the Website and any of our social media platforms. \

(d) We reserve the right to remove or delete any Rating or Review (including any Photo), in our sole discretion, that such Review is inappropriate.

10 INTELLECTUAL PROPERTY

(a) ROBelle Farm retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

(b) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

11 THIRD PARTY SUPPLIERS

(a) We may do any of the following:

(i)  outsource any part of performing any services related to providing the Products, including delivery of your Products; or

(ii) procure materials and Products from third party suppliers, without further notice to or permission from you.

(b)  To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.