Terms and conditions

Terms & conditions

These terms and conditions (“Terms”) govern your use of Our website.

The Products specified on this Website are sold by Us to You on these Terms. Your use of this Website and/or Your purchase of Products means You accept these Terms. Do not use this Website or purchase any Products if You do not accept these Terms.

  1. Your account

    1. You must register for an account before You can purchase Products on Our Website.
    2. It is Your responsibility to securely store Your account password. We do not have access to it, and We cannot resend it to You. All We can do is reset Your password.
    3. It is Your responsibility to allow only authorised persons to log in to Your account.
    4. You agree to inform us immediately if you think there has been an unauthorised use of your account.
    5. We may cancel Your account at Our discretion, at any time. If We do, We will refund any outstanding orders and notify You as soon as possible.
  2. Product specification

    1. We will take all reasonable steps to supply all Products in accordance with the description and photo on Our Website but reserve the right to supply the Products subject to minor variations in actual specifications.
    2. Product descriptions and photos are the responsibility of participating vendors and We do not warrant their accuracy or completeness.
    3. We recommend You read product labels before use or consumption of any product, and it is Your responsibility to do so. If the product has no labels, please call the relevant vendor for more information.
    4. We will take all reasonable steps to ensure accurate stock level information on Our Website, but You accept that it may sometimes be inaccurate, and that We may not know until the associated Shops attempt to fill the order.
  3. Pricing

    1. All prices on this Website are in Australian dollars (AUD) and include GST if applicable.
    2. The purchase prices of Products on Our Website may not match the in-store prices of the same products.
    3. You acknowledge that We are not obliged to match prices advertised or listed elsewhere, including by Shops listed on Our Website.
    4. We reserve the right to change the purchase prices listed on this Website at any time, without notice.
    5. All purchase prices listed on this Website exclude delivery fees.
    6. Delivery fees are calculated at checkout and may include tolls.
    7. If We are liable by law for any GST on any payment from You, You must pay to Us the amount of the GST.
    8. You must pay to Us an amount in respect of any GST that You are required to pay under these Terms:
    9. at the same time; and
    10. in the same manner,
    11. as You are required to pay for the payment to which the amount in respect of GST relates.
    12. We must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
  4. Orders

    1. By purchasing any Product from this Website, You agree to indemnify Us and Our officers, employees and agents from and against all losses, claims, damages and liabilities which arise out of its use.
    2. All orders are subject to acceptance and availability of the Products ordered, Shop opening times, Delivery service availability and receipt of payment from You. We are entitled to refuse any order placed by You by notice.
    3. If a Product is unavailable, it will be removed from Your order, and Your purchase price will be reduced accordingly. We will notify you by email of any removed Products, but the remainder of the order will go ahead.
    4. We reserve the right to cancel any order at Our discretion, without notice. If We cancel an order, We will notify You as quickly as possible that We have done so.
    5. Once You have placed an order You cannot cancel it.
  5. Payment

    1. We accept credit card and debit card payments only. We accept only the following cards: Visa, Mastercard, Maestro, American Express and JCB.
    2. We pre-authorise payment when You order, but do not process the payment until Your order has been accepted and confirmed by the associated Shop(s).
    3. If, for any reason, Your payment fails for any reason or is found to be fraudulent, Your order will be cancelled.
    4. We provide emailed payment receipts only.
  6. Delivery

    1. We will do our best to deliver during the delivery window You select at checkout, but We cannot guarantee it.
    2. If You order alcohol, You or someone else over the age of 18 must be there when Your delivery arrives. We will NOT leave alcohol unattended. If You or someone else over the age of 18 are not there when Your delivery arrives, We will take the alcohol away, and contact You to advise You where You can collect it later. This will incur additional fees. We will deliver the remainder of Your order as per 6.3 below. For the avoidance of doubt, if You order alcohol, the Shop is providing it and My Corner Shop is not selling alcohol to You. My Corner Shop supports the Responsible Service of Alcohol.
    3. If You are not there when Your delivery arrives, We will not take your order away and deliver later. Instead, We will follow the delivery instructions You provided at checkout, if possible. If the instructions You provided at checkout are not reasonably possible for Us to follow, We will leave your order unattended.
    4. You agree that You agree that We and The Shop that provided the item(s) are not responsible for any theft, damage, spoiling or other loss of purchased products as a result of Your delivery orders being left unattended.
    5. If Your order contains chilled or frozen items, We will deliver those items in a vehicle equipped with a means of keeping them chilled or frozen. At the time of delivery, chilled items will be chilled and frozen items will be frozen. You are responsible for the temperature of items in Your order after delivery is complete.
    6. If you choose ‘Call on approach’ at checkout, We will endeavour to call approximately 10 minutes before We arrive, but You acknowledge that this is not always possible.
    7. We will email You when Your order is onboard for delivery, but You acknowledge that emails can take some time to arrive and may never arrive at all.
    8. You agree that We and The Shop that provided the item(s) will not be liable for any loss or damage caused to your property or suffered by you in connection with Our delivery of Your orders.
    9. You agree that any person who accepts receipt of Your delivered order is authorised to do so.
  7. Click & collect

    1. We will do our best to have Your order ready by the time You selected at checkout, but We can't guarantee it.
    2. To pick up Your order, You will need the order number and some legal form of ID, or Your order confirmation email.
    3. If You fail to pick up Your order at approximately the time You selected at checkout, the Shop will store it in appropriate conditions, but You accept that if You wait too long to pick it up, some items in Your order may expire or spoil, and neither We nor the Shop are responsible for this.
    4. If You never pick up an order, it will not be refunded.
  8. Alcohol

    1. Under Australian law, alcohol cannot be sold or served to anyone under the age of 18. In using this Website to purchase alcohol, You agree that You are 18 years old or older.
    2. Delivery of alcohol will be handled as per 6.2 above.
  9. Refund policy

    1. Our Products come with guarantees that cannot be excluded under Australian Consumer Law.
    2. If You can prove to any reasonable person that a Product purchased on Our Website and delivered by Us was, upon delivery, damaged or spoiled to such an extent that it could not be used for its intended purpose, We will refund the purchase price of that Product.
    3. “Proof” of damage means photographic evidence (including time and date stamp on the photo) of the Product at the time of delivery, clearly showing the claimed damage. "Proof" of spoiling means photographic evidence (including time and date stamp) showing that the product was refrigerated immediately upon delivery, and clearly showing any visual spoiling. If the spoiling is not visual, then you will also be required to bring the item into the shop where it was purchased to be assessed.
    4. If You can prove to any reasonable person that a Product purchased on Our Website was not delivered, We will refund the purchase price of that Product.
    5. If We cancel an order, You will not be charged for that order.
    6. If a Product within an order is unavailable, You will not be charged for that Product.
    7. We do not refund purchases due to late delivery.
    8. We do not refund purchases if we are unable to follow Your delivery instructions.
    9. We do not refund delivery fees unless You can prove to any reasonable person that Your entire order was not delivered.
    10. If We refund a payment, it will be refunded to your original payment method.
    11. Refund times vary depending on the payment method.
    12. You warrant that all information You supply to Us in regard to refunds is true, accurate and up to date.
  10. Title

    1. Title to Products passes to you upon the latest of the following events:
    2. You pay for those Products; or
    3. We deliver those Products to Your delivery address (including unattended deliveries); or
    4. You or someone acting on Your behalf pick up those Products from the associated stores.
  11. Intellectual property rights

    1. The material contained on this Website is protected by copyright. You may use this Website for Your own non-commercial purposes in accordance with these Terms.
    2. You must not use, copy, modify, publish, transmit, store or distribute the material on this Website, or create any other material using material on this Website without prior written approval from Us except to the extent permitted under Australian copyright legislation.
    3. Except with prior written consent from Us, trade marks (whether registered or unregistered) and logos on this Website must not be used or modified in any way by You.
    4. This Website, and images, material and processes contained in this Website, may be the subject of other intellectual property rights owned by Us or by third parties. Your use of this Website must not in any way infringe the intellectual property rights of any person.
    5. You agree to indemnify Us and keep Us indemnified against any damages, claims, liabilities, losses and expenses arising out of any misuse by You of any part of the Website.
  12. External sites

    1. This Website contains links to third party websites. We make no warranties and accept no liability in relation to material contained in any third party website and provide the links merely for Your consideration and convenience. A link to a third party website should not be construed as an endorsement, recommendation or approval of the content on that website.
  13. Security of this website

    1. We accept no responsibility or liability for interference with transmissions over the Internet or by email or any consequent loss or liability caused to You.
  14. Privacy

    1. You agree with the terms of Our Privacy policy.
  15. General

    1. (Jurisdiction) This Contract shall be governed by the laws of the State of New South Wales of Australia (“Territory”) and the parties submit all disputes arising between them to the courts in the State of New South Wales and any court competent to hear appeals from those courts of first instance.
    2. (Entire Contract) These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any Products, and supersedes all previous negotiations, commitments and agreements about the Website and the Products.
    3. (Amendment) We reserve the right to change these Terms at any time; We therefore recommend that You check the Terms from time to time for any changes/updates. Your continued use of the Website or purchase of Products will mean You accept the amended Terms.
    4. (No Waiver) No failure by Us to enforce any right under these Terms is a waiver of that right, and no waiver of any breach of these Terms is a waiver of any other or subsequent breach.
    5. (No Reliance on Representations) You acknowledge that no representations, either in words or by conduct, in connection with or in the course of negotiations leading to the purchase of Products have been made by Us other than the representations expressly contained in these Terms.
    6. (Severability) If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then:
    7. that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity; or
    8. if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms;
    9. and these Terms will otherwise remain in full force.
  16. Definitions

    1. (Interpretation) In these Terms unless the context requires otherwise:
    2. “Product” and “Products” means the products available for purchase on Our Website;
    3. “Shop” and “Shops” means the stores listed on Our Website (except when part of “My Corner Shop”);
    4. “We”, “Us”, “Our” and “My Corner Shop” mean My Corner Shop Australia Pty Ltd;
    5. “You” and “Your” mean the user of Our Website, who is of legal age in the country of use.
    6. “Website” means the My Corner Shop website / web app, www.mycornershop.com.au.
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