Terms & Conditions
Terms and Conditions.
Please take the time to read these terms and conditions, as browsing or purchasing on this website means that you have agreed to these terms, as well as all terms listed online in relation to our Privacy Policy, Shipping &
Refund Policy.
By using this website, you guarantee that you have read, understood and agreed that 1) you have the capacity to abide to this agreement and the authority to decide to this agreement, 2) you are bound to these terms and conditions, 3) you agree to comply with all local rules and laws.
The Homestead Pantry Box reserves the right to change terms and conditions at any time and without notice. These changes are effective immediately. It is your responsibility as the user to read and understand changes to the terms and conditions. The Terms and Conditions are relevant until terminated by The Homestead Pantry Box.
The Homestead Pantry Box reserves the right to terminate these terms at any time without notice. The Homestead Pantry Box reserves the right to terminate any part of the website, any users access, any products provided or the website as a whole. If you do not agree to be bound by these terms and conditions, you cannot use
The Homestead Pantry Box website.
Warranty and Limitations:
a. DISCLAIMER: The Homestead Pantry Box makes no warranties or representations about the accuracy or the completeness of this content, the content of any site linked to this site, contributors, information or any other items or sites linked to this site.
We assume no liability or responsibility for:
Errors or inaccuracies of content and materials.
Personal injury or property damage of any nature whatsoever, resulting from your access to and use of the website.
Any unauthorised access to or use of secure servers and any or all personal
information stored therein.
Any interruption or down-time on the website.
Any bugs, viruses, trojan horses or the like that could be transmitted through the website.
Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted or made available via The Homestead Pantry Box website and social media.
b. LIMITATION OF LIABILITY: In no event shall The Homestead Pantry Box be liable to any third party for any indirect, consequential, incidental, special or punitive damages, including a decrease in profit from your use of the website or social media, contributions or any branded items. The Homestead Pantry Box liability to you in respect of any loss or damage suffered by you and arising out of or in connection with this agreement whether in contract, tort or breach of statuary duty.
c. Everything The Homestead Pantry Box sells has its own warranties, and is represented by the various manufactures of said product. In accordance, The Homestead Pantry Box makes no warranty with respect to any product sold other than what is stated here. We do not give warranties expressed or implied with any kind of respect to any products sold on the website.
d. The Homestead Pantry Box's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
e.You may make a claim under this clause (the 'Warranty Claim ') for material defects and damage to the products within 2 weeks from the date of delivery (the 'Warranty Period').
f. In order to make a Warranty Claim during the Warranty Period, you must provide proof of damage (photos) to The Homestead Pantry Box showing the issue with the Product and provide a description of the product defect/ damage by email at hello@thehomesteadpantrybox.com.au.
g. Where the Warranty Claim is accepted then The Homestead Pantry Box will, at its sole discretion, either replace or refund any defective Products or part thereof with a new or product equivalent during the Warranty Period. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
h. The Warranty shall be the sole and exclusive warranty granted by The Homestead Pantry Box and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
i. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
j. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
Price
Prices are all displayed and quoted in Australian Dollars. The Homestead Pantry Box reserves the right to change prices without notice & reserves the right to do any, and all fraud checks required.
Intellectual Property
The Homestead Pantry Box owns all content other than out linked content. This includes our website, data base, content, images, logo, titles, names, illustrations, designs, marketing, graphics, text and images. This may not be used by you for any reason unless authorised in writing from The Homestead Pantry Box. Any use of any content is against copyright law.
You must not access homesteadpantrybox.com to do anything for an illegal purpose. International users agree to this in their jurisdiction. You must not attempt to hack, modify or use the website illegally. You must not do anything that would harm users or The Homestead Pantry Box. You must not violate our trademark or copyright laws. Any breach to any part of these terms and conditions terminates your agreement to use this page.
14. Dispute Resolution
a. Compulsory: If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is sought).
b. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
c. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must: (i) Within 30 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they may mutually
agree; (ii) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or request that
an appropriate mediator be appointed by the President of the Australian Mediation
Association or his or her nominee; (iii) The Parties are equally liable for the fees and
reasonable expenses of a mediator and the cost of the venue of the mediation and without
limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-
condition to the mediation commencing. The Parties must each pay their own costs associated
with the mediation; (iv) The mediation will be held in Brisbane, Australia.
d. Confidential: All communications concerning negotiations made by the Parties arising out
of and in connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as "without prejudice" negotiations for the purpose of applicable
laws of evidence.
e. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the
Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
15. Venue and Jurisdiction
a. The Purchase Services offered by The Homestead Pantry Box is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the Website,
you agree that the exclusive venue for resolving any dispute shall be in the courts of
Queensland, Australia.
16. Governing Law
a. The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms and
the rights created hereby shall be governed, interpreted and construed by, under and pursuant
to the laws of Queensland Australia, without reference to conflict of law principles,
notwithstanding mandatory rules. The validity of this governing law clause is not contested.
The Terms shall be binding to the benefit of the parties hereto and their successors and
assigns.
17. Independent Legal Advice
a. Both parties confirm and declare that the provisions of the Terms are fair and reasonable
and both parties having taken the opportunity to obtain independent legal advice and declare
the Terms are not against public policy on the grounds of inequality or bargaining power or
general grounds of restraint of trade.
18. Severance Approved by
a. If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.