1. About this website
Heritage Fruit Trees is a trading name of R.J. Pelletier Pty Ltd (ABN 30 006 681 590).
Domain name = http://www.heritagefruittrees.com.au/ the “website”
3. Your access/use implies agreement
4. Modifications to the Terms
5. Modifications to the information
Heritage Fruit Trees does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Heritage Fruit Trees.
6. Errors and problems
Heritage Fruit Trees does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
Heritage Fruit Trees complies with the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) in the use of information collected from or provided by you at the website..
8. License and Ownership
The copyright for the content on this website is owned or licensed by Heritage Fruit Trees and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Heritage Fruit Trees.
All custom graphics, icons, and other items that appear on the website and all associated trademarks in so far as they are the property of Heritage Fruit Trees, are trademarks of Heritage Fruit Trees.
9. Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Heritage Fruit Trees. Heritage Fruit Trees makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Heritage Fruit Trees may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Heritage Fruit Trees website.
10. Inbound links
Heritage Fruit Trees generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Heritage Fruit Trees. However, linking to any other page of the website is strictly prohibited, without express written permission from Heritage Fruit Trees .
11. Feedback, suggestions, comments or requests
Heritage Fruit Trees does not encourage you to make feedback, suggestions, comments or requests (“comments”) but these comments may be made to email@example.com and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and Heritage Fruit Trees is under no obligation to keep such information confidential, and Heritage Fruit Trees will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
The website is provided for use only by Australian residents. The law applicable to use of the website and to disputes arising out of the website is the law of the State of Victoria.
13. Disclaimer of Warranties
Heritage Fruit Trees makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
14. Limitation of Liability
If Heritage Fruit Trees is found responsible for any damages, Heritage Fruit Trees is responsible for actual damages only. In no event shall Heritage Fruit Trees, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
15.General Conditions of Sale
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Heritage Fruit Trees with respect to the subject matter hereof.
a. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to Heritage Fruit Trees that you are able to make a legally binding contract.
c. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
e. Heritage Fruit Trees reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Heritage Fruit Trees only comes into existence when Heritage Fruit Trees forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
f. This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.
g. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Heritage Fruit Trees if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing including email and received by Heritage Fruit Trees within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
h. Ownership and property in the goods supplied/delivered shall pass from Heritage Fruit Trees to you when Heritage Fruit Trees accepts your offer and assigns product in the Heritage Fruit Trees nursery. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
i. Heritage Fruit Trees shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Heritage Fruit Trees shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
j. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Heritage Fruit Trees in respect of any such use. Heritage Fruit Trees is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by Heritage Fruit Trees for the consequences of the use of damaged goods by you.
k. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Heritage Fruit Trees implied by the Goods Act, 1958.