PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
WHAT’S IN THESE TERMS?
This document is divided into three parts for ease of reference, comprising of;
Part A – General
Part B – Use of the site
Part C – Buying Products from the site.
PART A: GENERAL
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content, and on which we make available to you our website at www.hoppafoods.com (“Site”).
1.2 Please read these terms carefully before you use the site or submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. WHO WE ARE AND HOW TO CONTACT US
2.1 The site is a website operated by or on behalf of HOPPA FOODS PTY LIMITED (“We”). We are registered in Australia under ABN 75 624 587 506 and have our registered office at 419 Crown Street, Wollongong, New South Wales, Australia 2500.
2.2 We are a limited company.
2.4 To contact us, please see details in the contact us section of our site.
2.5 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.6 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
3.1 If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of the state of New South Wales, Australia. You and we both agree that the courts of New South Wales, Australia will have exclusive jurisdiction.
3.2 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of the state of New South Wales, Australia. We both agree to the exclusive jurisdiction of the courts of New South Wales, Australia.
PART B: USE OF THIS SITE
4. BY USING OUR SITE YOU ACCEPT THESE TERMS
4.1 By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
4.2 If you do not agree to these terms, you must not use our site.
5. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
5.1 These terms of use refer to the following additional terms, which also apply to you when using our site:
(a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
5.2 If you purchase goods from our site, the terms of supply set out in Part C of this document will apply to the sales.
6. WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time and may do so in the future without notice. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at the time.
7. WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time and without any prior notice to reflect changes to our products, our users’ needs, and our business priorities or changes in laws or regulations.
8. WE MAY SUSPEND OR WITHDRAW OUR SITE
8.1 Our site is made available free of charge.
8.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business or operational reasons. If you are a registered customer, we will endeavor to provide you with reasonable notice of any suspension or withdrawal however we cannot guarantee that we may be able to notify you.
9. GEOGRAPHICAL COVERAGE
9.1 We do not restrict customers from buying from any location but the transaction is done according to the laws of the state of New South Wales, Australia. Any person buying it from outside of Australia will bear all responsibility for importing such a product into their country.
10. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
10.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
10.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
10.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly contact and notify us through our site.
11. HOW YOU MAY USE MATERIAL ON OUR SITE
11.1 We are the owner or the licensee of all intellectual property rights on our site, and the material published on it. These works may be protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 You may print off or download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
11.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
11.5 You must not use any part of the content on our site for commercial purposes without obtaining a permission from us or our licensors.
11.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must return or destroy any copies of the materials you have made.
12. DO NOT RELY ON INFORMATION ON THIS SITE
12.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
12.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
13. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
13.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
13.2 We have no control over the contents of those sites or resources.
14. USER-GENERATED CONTENT IS NOT APPROVED BY US
14.1 Our site may include information and materials uploaded by other users of the site, including product reviews and comments. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
14.2 If you wish to complain about information or materials uploaded by other users please contact us using our site.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
15.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms of supply set out in Part C of this document.
If you are a business user:
15.3 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
15.4 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use our site; or
(b) use of or reliance on any content displayed on our site.
(c) In particular, we will not be liable for:
(d) loss of profits, sales, business, or revenue;
(e) business interruption;
(f) loss of anticipated savings;
(g) loss of business opportunity, goodwill or reputation; or
(h) any indirect or consequential loss or damage.
If you are a consumer user:
15.5 Please note that we only provide our site for private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. UPLOADING CONTENT TO OUR SITE
16.1 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
16.2 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
16.3 We have the right to remove any posting you make on our site.
17. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
You will not generally be permitted or have a right to upload content to the site. However, should you do so at any stage, you are deemed to have given to us a right to use that content for any purpose we consider fit within the limits of the law.
18. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
18.1 We do not guarantee that our site will be secure or free from bugs or viruses.
18.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
18.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Cybercrime Bill 2001. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
19. RULES ABOUT LINKING TO OUR SITE
19.1 You may link to any page of our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
19.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.3 We reserve the right to withdraw linking permission without notice.
PART C: BUYING PRODUCTS VIA THE SITE – TERMS OF SUPPLY
20. OUR CONTRACT WITH YOU
20.1 How we will accept your order. Our acceptance of any order made by you for our products will take place when we email you to accept it, at which point a contract will come into existence between you and us.
20.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product or return any funds already charged. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to deliver products in a reasonable time.
20.3 Your order number. We will assign an order number to your order onces its accepted by us. It will help us if you can quote the order number whenever you contact us about your order.
20.4 We sell according to the laws of the state of New South Wales, Australia and operate under the jurisdiction of the state of New South Wales, Australia. Customer agrees to bear all additional duties or liabilities for products shipped outside of Australia.
21.1 Products may vary slightly from their pictures. The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
21.2 Product packaging may vary. The packaging of the product may vary from that shown in the images on our site.
22. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to any order, please contact us via our site. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 25 – Your rights to end the contract).
23. OUR RIGHTS TO MAKE CHANGES
23.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes should not affect your use of the product.
23.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our site, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
24. PROVIDING THE PRODUCTS
24.1 Delivery costs. You will be able to calculate the costs of delivery using our shipping charges tool on our site at the time of the checkout. If you are from a country outside of Australia, your order might be subjected to customs and tariffs upon arrival to your country. Due to the legal situation of edible insects, we cannot guarantee that all orders will be cleared through customs in every country. However, we will endeavor to assist you if any problem occurs.
24.2 During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
24.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take every step to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
24.4 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 27 will apply.
24.5 A product which is goods will be your responsibility from the time we deliver the product to the address specified in the order or as supplied by you as the delivery address.
24.6 You own a product which is goods once we have received payment in full.
25. YOUR RIGHTS TO END THE CONTRACT
25.1 You can always end your contract with us before dispatch of the products. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is incorrectly described you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 28.;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 25.2;
(c) If you have changed your mind about the product, see clause 25.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 25.6.
25.2 If you are ending a contract for a reason described below (clause 25.2(a) to 25.2(e)), the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 23.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that the supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended one or more deliveries of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
25.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
25.4 You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, and you do not have a right to change your mind for orders having a value of less than $50 Australian Dollars (AUD).
25.5 Where you have a right to change your mind, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
25.6 Even if we are not at fault and you do not have a legal right to change your mind (see clause 25.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is considered completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
26. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
26.1 To end the contract with us, please contact us through our site.
26.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
26.2 We will pay the costs of return:
(a) if you are ending the contract because the products are incorrectly described;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(d) In all other circumstances you must pay the costs of return.
26.3 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
26.4 If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
26.5 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
27. OUR RIGHTS TO END THE CONTRACT
27.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
27.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 27.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
28. IF THERE IS A PROBLEM WITH THE PRODUCT
28.1 If you have any questions or complaints about the product, please contact us through our site.
28.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
28.3 This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit https://www.fairtrading.nsw.gov.au or https://www.accc.gov.au.
During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund. See also clause 25.3.
28.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage. Please contact us through our site for a return label and return postage.
29. PRICE AND PAYMENT
29.1 Where to find the price for the product. The price of the product (which includes GST ) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 29.3 for what happens if we discover an error in the price of the product you order.
29.2 If the rate of GST changes between your order date and the date we supply the product, we will adjust the rate of GST that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.
29.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
29.4 We accept payment with any credit or debit card. When you must pay depends on what product you are buying. Given that Hoppa products are classified as goods, you must pay for them before we dispatch them. We will charge your credit or debit card immediately after you place the order.
29.5 If you think an invoice is incorrect please contact us promptly through our site to let us know.
