Terms and Conditions

Last Updated : 02/08/2019

Brown and Greens Pty Ltd (Brown & Greens) is committed to providing quality products and services to you. We aim to deliver groceries that are of the highest quality to you within 2 hours.

Brown and Greens Pty Ltd (ABN 87616759347) is a limited liability company incorporated and existing under the laws of Australia, with its business address at 18 Longford Ct, Springvale VIC 3171 (“us, our, we”), the owner and operator of https://brownandgreens.com.au/ (“Brown & Greens”) and the mobile application on App Store and Google Play.

General Conditions

You represent and warrant that if you are registering for our services as an individual, you are at least 13 years old, and if you are 18 years old or older, that you are fully capable and competent to enter into and to comply with these Terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these Terms as if such obligations are owed by the said parent or guardian, and if you are registering for the Services for and on behalf of an entity, that you are authorised to enter into and bind the entity to these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorised to do so for and on behalf of such person or entity.

Your access and use of the services shall be at your own discretion and risk and you shall be solely responsible for safeguarding and maintaining the confidentiality of your Account, as defined below, including your username and password and all activities in connection with or that occur on or through your account, as defined below.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of our services, violate any laws in your jurisdiction (including but not limited to copyright laws).

Any alcohol listings on our application are intended for and may only be purchased by those who are 18 years or above.

A breach or violation of any of the Terms of Use will result in an immediate termination of our services without further reference to you.

We reserve the right, at our sole discretion, to refuse service to anyone for any reason at any time.

If the delivery includes alcoholic drinks or any other age-restricted items, you agree to ensure that a person 18 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items.

We reserve the right not to deliver any age-restricted product to anyone who is under the age of 18 years old.

Privacy

Your privacy is important to us. Your information is collected by Brown & Greens and will be used and held in accordance with our Privacy Policy. Information you provide will be used for the purpose of sending you our newsletter, keeping in touch with you about news and information and promotions and notifying the recipients of this promotion. You may remain anonymous. If you do not provide information, we may not be able to provide you with certain information or assistance. To access or change your information, please contact us using the details set out in our Privacy Policy.

Order, Payments and Delivery

Orders

All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms of Use. All orders shall be subject to acceptance by us. Processing of payment for an order shall not in itself constitute acceptance of the order by us, save that where an order for any product(s) is rejected or cancelled by us, any payment made for such order shall be reversed or refunded by us in accordance with our prevailing refund policy at such time.

All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms of Use. All orders shall be subject to acceptance by us. Processing of payment for an order shall not in itself constitute acceptance of the order by us, save that where an order for any product(s) is rejected or cancelled by us, any payment made for such order shall be reversed or refunded by us in accordance with our prevailing refund policy at such time.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Every account needs to have a registered phone number. For verification and security purposes, we will contact the registered phone number before delivering the order. Orders would be cancelled if the customer’s number is not reachable or switched off as our driver would not be able to verify and deliver the order.

Payments

We accept payment for orders by MasterCard and Visa. Orders will be charged to your nominated payment method. Therefore, it is your responsibility to ensure your accepted payment method details are valid and up to date. It is also your responsibility to ensure that sufficient funds are available at the time of payment processing.

Delivery Areas

As our services continue to expand in Melbourne, there are some areas that are not covered by our services. To determine if your area is covered by our services, please enter your suburb or postal code on our website. It is your responsibility to ensure that the address and contact number that you have provided is accurate.

Delivery of each order only will be done to one nominated address by you at the time of checkout.

If you do not open the door or respond to telephonic correspondence within 10 minutes of deliverers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the order. For hygiene and food safety reasons, we are unable to leave your order at your designated address without someone collecting the order.

We seek to provide quality service and will be the first contact in the event there is an issue with your order either in regards to food quality or delivery.

2-Hour Delivery

While we strive to deliver your orders within 2 hours, these delivery timeframes are estimates only and may be affected by a number of factors, including traffic conditions, weather and equipment failure.

Our delivery operation hours are from 8:00 AM to 10:00 PM. After placing your order, you may select your preferred delivery timeslot. A flat-rate of $4.99 AUD is charged for each delivery.

In all cases to make a redelivery, delivery cost needs to be paid again.

Promotions, Offers and Campaigns

The terms and conditions for our promotions, offers and campaigns on the Brown & Greens Facebook Page are an extension of the general terms listed here. All entries not in accordance with these terms and conditions are void.

To be eligible for all promotions and offers, you must download the Brown & Greens app and make an initial purchase with a valid mobile phone number linked to their account.

The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the competition is prohibited and may render all entries submitted by that individual invalid.

Employees, immediate family members and any associated company or agency of Brown & Greens are not eligible for entry.

Changes and Cancellations

You may edit or cancel the items in your cart before checkout. However, once the order is confirmed and scheduled to be delivered “within 2 hours”, you will not be able to edit or cancel the order.

However, if the order is scheduled to be delivered for any time-slot other than “within 2 hours”, it can be edited or cancelled before 1 hour of the selected time-slot.

(For example, if the delivery slot is selected as Thursday, 6:00 PM to 8:00 PM, it can only be edited or cancelled until Thursday, 4:59 PM, after which the order cannot be edited or cancelled.)

Returns and refunds

Due to health and safety reasons, we are able to provide returns for your order.

However, if there are items missing from your delivery, please contact us as soon as possible. We will fix the problem for you by crediting the amount to your account.

If an item is out of stock, we will endeavour to inform you about it.

All refunds will be reflected as Brown & Greens credit unless requested by the customer. We require an email to be sent to [email protected] in case a bank transfer needs to be made.

Change of Terms

We may alter or vary the Terms and Conditions at any time without notice to you.