Terms & Conditions

General

By using this site, you agree and accept our terms and conditions of use. If you do not agree with our terms and conditions of use, you may not use this Site (qvm.com.au/shop).

1. Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
2. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
3. By accessing and using the Site, including placing orders of Products through the Site, you agree that you will be subject to and will comply with these terms and conditions (including our privacy policy – link to policy);
   1. by completing your registration through the Site; and
   2. using the Site to obtain Products from us.

Privacy and Information

1. Our privacy policy is available here and forms part of these terms and conditions.
2. You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail) where you have not opted out (as described below) from receiving such electronic messages sent to you by Queen Victoria Market via those channels or media. Your agreement to receive commercial electronic messages from us will be effective until you opt out.
3. You may opt out of the receipt of commercial electronic messages, by using the unsubscribe facility in the footer of any commercial electronic message. If you tell us you opt out of the receipt of such material, you will only receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or our collection notice, privacy policy, account transactions or other information relating to products you have purchased.
4. Opting out of receiving commercial electronic messages from Queen Victoria Market will not withdraw your consent to receive messages from other Queen Victoria Market advertisements.

Ordering products via our website

1. You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
2. Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.

Acceptance or rejection of an Order

1. We reserve the right to accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order.
2. Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these terms and conditions.
3. If we reject an Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.

The sale of Restricted Products – Liquor products (license #36161325)

1. If accepted, the sale of liquor pursuant to the agreement to sell from this website is set out in the Liquor Licensing Acts page. Your contract of sale is with the relevant licensee at the relevant premises from which your Order is accepted and fulfilled. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor license, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the abovementioned licensed premises.
2. Queen Victoria Market support the responsible service of alcohol. It is an offence to supply alcohol to a person under 18 years of age. It is our delivery service carrier Sherpa’s policy to check ID upon delivery of anyone who appears under the age of 25.
3. The supply of liquor is limited to no more than 48 x 375ml containers of beer or cider and /or no more than 12 x 750ml bottles of wine and / or 4 x 700ml bottles of spirits per transaction per customer per day.

You:

1. acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years; and
2. warrant that you are not obtaining alcohol (including liquor Products) on behalf of a person under the age of 18 years.

Delivery of Products

1. We will only deliver Products ordered through the Site to a location where we provide delivery services.
2. You may obtain further information on the Site about our delivery timeframes and how we deliver your Products. At the time you select your Products you will be given an option to select a timeframe for delivery. Although we endeavour to deliver the Products within the timeframe provided at the time of your Order, these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and Queen Victoria Market will not provide any refund or discount on your Order or Delivery Fee for late deliveries.
3. If you select the “leave unattended” option for your Order, our delivery service carrier Sherpa will follow your instructions and leave in your nominated spot for collection.
4. Our products will be delivered in a package that is not insulated. Once your goods have been delivered or picked up via our click & collect, the responsibility is then on customers to ensure correct storage of all products.

You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Order through the Site.

1. If your Order contains a Restricted Product, then you must be present to accept the delivery of that Order and, at our request, provide us with photographic identification.
2. We will require the person accepting the delivery of your Order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the Order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
3. If there is no one or no appropriate person (for example, above 18 years old for Restricted Products) at the Delivery Address to receive the Order we will not deliver the Products you have ordered; In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.

You:

1. acknowledge and agree that any person at the Delivery Address who receives the Order is authorised by you to receive your Order.
2. will ensure that the person receiving any liquor or other relevant Restricted Products is over the age of 18 years or such other minimum age as prescribed by law; and
3. will ensure that Restricted Products are not delivered to unattended locations.
4. you acknowledge that we may record the details of any identification provided in relation to delivery of Products.

Risk and title

Where Products are delivered by us, risk in the Products passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address).
Title to the Products passes to you on the later of the date and time of:

1. payment for those Products;
2. delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address); and
3. collection of groceries via our Click and Collect option.

Specifically, for unattended deliveries, you take full responsibility for your goods on the date and time of delivery and no claims can be made if the parcel is lost, stolen or spoils following an unattended delivery.

Fees and charges

1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
   1. the purchase price of each Product that is ordered;
   2. any other fees and charges associated with purchases including delivery fees.

The purchase price of each Product is shown on the product list on the Site at the time you place your Order. The purchase price of a Product on the Site may not be the same or correspond to the prices in-store at Queen Victoria Market for the same Product.

You can view our Refund and Return Policy here.

Your general obligations

You:

1. are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
2. should check the labels on the Products before consumption or use.
3. will ensure that when ordering Restricted Products, you are over the age of 18 years or such other minimum age as prescribed by law.

General restrictions

You must not:

1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using the Site;
3. make fraudulent or speculative enquiries, purchases or requests through the Site;
4. use another person’s details without their permission or impersonate another person when using the Site;
5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
6. tamper with or hinder the operation of the Site;
7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
8. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
9. modify, adapt, translate or reverse engineer any portion of the Site;
10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
11. reformat or frame any portion of the web pages that are part of the Site;
12. create accounts by automated means or under false or fraudulent pretenses;
13. use the Site to violate the security of any computer or other network or engage in illegal conduct;
14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
15. use the Site other than in accordance with these terms and conditions; or
16. attempt any of the above acts or engage or permit another person to do any of the above acts.

Termination

1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
   1. the breach cannot be remedied;
   2. you fail to remedy the breach within 10 days of our notice to you of that breach; or
   3. if there is an emergency.
2. You may stop using the Site at any time and for any reason.
3. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

Intellectual property rights

You:

1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to Queen Victoria Market;
2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

You may:

1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

Changes to these terms and conditions

1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future Orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.

General

Our website may provide links to other websites. Queen Victoria Market is not in any way responsible for the contents or privacy policies of any other sites, nor do we state that we agree with the views/opinions/business practices in these linked websites. We do not warrant the security of any information supplied to Queen Victoria Market through its web site.