PRIVACY POLICY
My Berries is committed to protecting your personal details and providing a secure and safe online experience.
We will only collect personal information from you with your prior knowledge and consent and you can access our website home page and browse our website without disclosing personal information. We will not disclose your personal information to a third party unless you consent or in other circumstances where such disclosure is required or authorised by law.
You can obtain more information at the federal privacy commissioner's website at www.privacy.gov.au
TERMS AND CONDITIONS
The following terms and conditions govern your use of the My Berries website and form a legal agreement between you and My Berries. By viewing or otherwise using this website, you agree to the terms and conditions in this notice.
Copyright
1. All website materials including the My Berries logo, design, text, graphics, photographs, images, art and other forms of visual and written content on this website are the exclusive property and copyright of My Berries.
2. You may electronically copy and print to hard copy portions of this website, for the sole purpose of using materials it contains for informational and non-commercial, personal use only.
3. Our site content may not be copied or reproduced in any manner whatsoever without the prior written consent from My Berries.
Trademarks
The My Berries logo is trademarked and may not be used in any form or for any purpose without the written permission of the owners, Stuart and Allison McGruddy.
Third-party content and services
My Berries may provide links to webpages and content of third parties as a service to visitors to the website. Users use these links and third party-content contained therein at their own risk.
Limitation of liability
In no event shall My Berries be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including, but not limited to, negligence), or otherwise, arising out of or in any way connected with the use of this website or the materials contained on, or accessed through, this website.
Applicable law
These terms and conditions shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Queensland Australia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this notice.
Modification and amendments
My Berries reserves the right to modify or amend at any time any policies governing this website, including this notice and privacy policy.
The amended terms shall be effective immediately after they are posted on this website. If you do not accept the amended terms, you should cease using this website.
TERMS OF SERVICE
Overview
This website is operated by Berried Treasure Pty Ltd trading as My Berries. Throughout the site, the terms “we”, “us” and “our” refer to My Berries. My Berries offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Ordering
You may provide the appropriate identification and shipping information in order for us to process your order. Any personal information will be held in accordance with our privacy statement.
You may place an order by selecting products from our online store, proceeding through our checkout and payment process.
By submitting your order information and payment, you make an offer to us to purchase the products you have selected based on these terms and conditions. However, we reserve the right to accept or reject your order for any reason, including if the product is unavailable, if there is an error in the price or product description posted on the site. If we do reject an order, then we will attempt to notify you of that rejection within a reasonable time after you place the order.
Allergies
You are responsible to refer to any nutritional panels or the ingredients of each product. My Berries accepts no liability to any allergic reaction by you (or anyone you provide the products to) as a result of consuming a My Berries product.
Payments
Squarespace/Stripe: This site is subject to the terms of both Squarespace and Stripe. This site is built using Squarespace, and uses Squarespace's commerce function to take and process orders. Squarespace's terms and conditions, including its privacy policy, can be found here. This site's payment processing system is run using Stripe. Stripe's terms and conditions, including its privacy policy, can be found here. Squarespace and Stripe may have access to your information as they support this site in its authorised use of your information. Payment Data may be transferred, processed and stored outside of Australia and may be subject to disclosure as required by applicable Laws.
We provide a tax invoice as your proof of purchase.
You must not pay or attempt to pay for orders through any fraudulent or unlawful means.
Cancellation
After ordering online My Berries will provide you with an email confirmation of your order and a dispatch date estimate.
You may cancel an order without charge provided notice is given to My Berries three business days prior to the dispatch date.. No fees or charges will be applied to such cancellations. Due to the perishable nature of our products we do not accept order cancellations once the product have already been despatched.
We may cancel any part of an order (including orders we have accepted) without liability to you if: the requested products in that order are unavailable; there is an error in the price or product or description posted on the site; or if your order is placed in breach of these terms and conditions. In the event of such a cancellation we will contact you and provide reasonable notice.
Prices
We reserve the right to change prices for products displayed on this website at any time before you place an order. All prices displayed on this website are in Australian Dollars and exclude freight charges which are calculated and displayed during the checkout process.
Fulfilment and Delivery / Shipping
Subject to these terms and conditions, we will supply to you the products indicated on your order confirmation. Due to the nature of the products we supply some of our products may be unavailable at the time of your order. We will contact you if a product is unavailable to outline whether a substitute product is available or outline the expected timeframe to obtain the products and seek your approval.
Once you have placed your order, we will contact you either the same or next business day to confirm when we will despatch to you.
Delivery may take up to 7 days from the date you order, however we do not guarantee that we will deliver within this time frame. We will take reasonable steps to keep you informed of any delays.
Liability for product defects and delivery issues remain with us until the product is delivered. However once the product is delivered title and risk falls to the recipient. You consent to deliveries being left at your delivery address.
You acknowledge and agree that you own and are responsible for all products immediately once they have been delivered to you.
We advise you to freeze your perishable products as soon as possible after delivery.
Warranties and Refunds
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
If you believe that any of our products have been delivered to you with an unsatisfactory level of quality or not as described you should contact us by telephone within 8 hours of delivery. We will then determine whether to make a refund or provide a replacement.
We do not accept claims for spoilage due to product being left outside of the freezer post-delivery.
Intellectual Property Rights
The copyright of this 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 us. You 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; or frame or embed in another website any of the material appearing on this Site without our prior written consent.
Privacy Policy
My Berries is committed to protecting your personal details and providing a secure and safe online experience.
We will only collect personal information from you with your prior knowledge and consent and you can access our website home page and browse our website without disclosing personal information. We will not disclose your personal information to a third party unless you consent or in other circumstances where such disclosure is required or authorised by law.
You can obtain more information at the federal privacy commissioner's website at www.privacy.gov.au.