Cherry Hildale Terms & Conditions

Cherrysales.com.au is a shopping website advertised by The Hildale Company – ABN: 30 436 857 184.

1. Your agreement to the terms & conditions

By accessing and using our Website, including placing Orders of Products through the Website, you agree that you will be subject to and will comply with these Terms and Conditions when;

(a) completing your registration through the Website; and

(b) using the Website to purchase Products from us.

2. Pictures and Imaging

You acknowledge and agree that:

(a) All pictures and images of Products displayed on our Website are for illustration purposes only, and that the sizes, dimensions and appearance of the actual Products may be of different sizes, dimensions and/or appearance; and

(b) You have read any corresponding written description of the Products prior to submitting your Order.

3. Marketing Materials

(a) You agree that we may send you Marketing Materials via various channels and media (including, but not limited to, by email, SMS, phone and mail) where you have not opted out of receiving such Marketing Materials from us. Your agreement to receive Marketing Materials from us will be effective and will continue until you opt out in the manner set out in clause b of this section.

(b) You may opt out of receiving Marketing Materials from us by using the unsubscribe facility in the footer of any message containing Marketing Materials which you receive from us. After you opt out of receiving Marketing Materials from us in this manner, you will only receive information that we are required to provide you with by law or factual information directly about your account. Such information includes, but is not limited to, information about changes to these Terms and Conditions, Privacy Policy and/or our collection notice from time to time, information about transactions entered into from your account and other relevant information in relation to Products that are the subject of an Order.

4. Delivery of Cherry

4.1. You may obtain further information about our delivery timeframes and how we deliver Products to you on the Website. At the time you place an Order for your Products you will be given an option to select a timeframe for delivery. Although we will endeavour to deliver the Products within the timeframe sought by you, these timeframes are indicative only and we cannot guarantee that we will be able to do so. Without limitation, delivery times may be delayed due to an Event of Force Majeure, traffic or other unforeseen circumstances.

4.2. Cherrysales will not be liable for any Claims that arise as a result of and/or that touch and concern the late delivery of any Products that are the subject of an Order to you (either directly or indirectly). Without limitation, we will not provide any refund or discount on your Order or Delivery Fee for any late deliveries.

4.3. We will deliver your Order using a “contactless delivery service”. We will deliver the Products to the front door at relevant Delivery Address, knock on your door or take any other steps that are reasonable in the circumstances to notify you of your delivery. We might also take a photo of the Products that we have delivered to the Delivery Address to confirm delivery.

4.4. Cherrysales will not be liable for any Claims that relate to and/or touch and concern any loss or damage caused to the property of the Delivery Address or suffered by you that arises as a result of or that touches and concerns our delivery of the Products to the Delivery Address (either directly or indirectly).

4.5 You agree to comply with the delivery requirements that are specified in clauses 4.6 and 4.7 below and such other delivery requirements that we notify you of when you place your Order through the Website and from time to time thereafter.

4.6 If we cannot access the Delivery Address, or if we cannot access your nominated spot or determine a suitable spot to deliver the Products that are the subject of your Order (for unattended deliveries), then:

(a) we will not deliver the Products you have ordered to the Delivery Address; and

(b) we may charge you a fee of up to $25 (twenty five dollars) and the charges for any perishable Products in your Order that we have accepted, at our absolute discretion.

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.

4.7. You acknowledge and agree that:

(a) any person at the Delivery Address who receives the Order is authorised by you to receive your Order and, where relevant, make payment for that Order; and

(b) we may record the details of any identification provided in relation to delivery of Products to the Delivery Address.

5. Cancelling and Changing an order

5.1. We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:

(a) the requested Products that are the subject of the Order are not available;

(b) there is an error in the price or the product description posted on the Website in relation to any of the Products that are the subject of the Order;

(d) we reasonably believe that you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing our Order limits; or

(e) we determine (acting reasonably) that the Order has been placed in a fraudulent, illegal or improper manner.

5.2. If we cancel an Order:

(a) In accordance with clauses 5.1(a) or 5.1(b), we will provide you with notice of that cancellation as soon as reasonably practicable, and we will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, we will refund the full amount paid to you (including any Delivery Fee or other fees and charges). The refund will be made by your original payment method or by an alternative method that is available.

(b) In accordance with clause 5.1(c):

(i) We will provide you with notice of that cancellation as soon as reasonably practicable.

(ii) If your Order is cancelled on this basis before the day of delivery or collection, depending on the payment method used we will either not charge you, or if we have taken payment for the Order at the checkout then we will refund the full amount paid (including any Delivery Fee and other fees and charges). If applicable, the refund will be made by your original payment method or through an alternative means.

5.3. If we cancel your Order on the day of delivery or collection, provided we are not also in breach of these Terms and Conditions, we may (at our absolute discretion) charge you a Cancellation Fee.

We will deduct the applicable Cancellation Fee from any payments which you have made to us, and will refund you any excess amount to you. Any refund will be made by your original payment method or through an alternative means.

5.4. You may amend your Order at any time prior to seventy two (72) hours before the morning on which delivery or collection of the Products that are the subject of the Order is scheduled to occur.

5.5. If you amend an existing Order, then:

(a) your original Order and reserved delivery window will be cancelled and items will be placed into your trolley for amending and resubmitting through the checkout;

(b) you will need to select a new delivery pick up date and time in respect of your amended Order;

(c) all prices for Products in your amended Order will update to the current Website prices at the time you submit your amended Order and previous pricing in your original Order will not apply;

(d) any offers or coupons applied or used when you placed your original Order will not be applied to your amended Order and cannot be used for future Orders;

(e) subject to below clause 5.5(h), if we only pre-authorised payment for your original Order at checkout and the amount payable for your amended Order is more than the amount pre-authorised, your original pre-authorisation will remain and we will either charge you the additional amount or separately pre-authorise the additional amount owing at the time of your amended Order depending on the payment method used for the amended Order;

(f) if you were charged for your Order at the checkout and the amount payable in respect of your amended Order is less that the amount you have paid in respect of your original Order, we will refund the difference back to your original payment method or alternative means within three (3) to five (5) Business Days of the amended Order being placed;

(g) if you were charged for your Order at the checkout and the amount payable in respect of your amended Order is more than the amount paid in respect of your original Order, we will either pre-authorise payment or charge you the additional amount at the time you amend your Order, depending on the payment method used; and

(h) if you amend your Order so that delivery is scheduled to occur seven (7) days after the date of your original Order and we only pre-authorised payment for your original Order, we may ask to take payment for your amended Order at the time you confirm your amended Order and will provide you with a refund for any out of stock items or weight ranged products supplied below the maximum weight once we pick your amended Order.

5.6. Force Majeure

We will not be liable or responsible for any default, failure or delay in performance of any of our obligations under this Agreement if and to the extent that such default, failure or delay is caused, either directly or indirectly, by an Event of Force Majeure, and without any fault or negligence on our part.

If an Event of Force Majeure occurs:

(a) The requirement that we perform the relevant obligations under this Agreement shall be suspended for the full period that the Force Majeure Event continues;

(b) We are not required to refund any money paid by you in connection with your Order; and

(i) agree to cancel your Order and refund all or some of the money paid by you in connection with your Order; and/or

(ii) attempt to reach a solution with you which enable us to perform the relevant obligations under this Agreement despite the Event of Force Majeure having occurred.

6. Missing Items in delivery

6.1. If we are not able to deliver or make available for collection certain Products that are the subject of an Order because those Products are out of stock (Out of Stock Products), we will provide you with a refund of all amounts paid for all Out of Stock Products. The refund will be made by your original payment method or by an alternative method that is available.

Upon delivery or collection of your Order, you should check the receipt that we provide you with to check whether the missing Product is identified as being an Out of Stock Product.

6.2. In all other circumstances, you may contact Customer Service via email info@cherrysales.com.au within twenty four (24) hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. If we are reasonably satisfied that the item was not delivered to you, we will provide you with a refund to your method of purchase for the Products or replacement product within three (3) to five (5) Business Days for the Products that were charged but not delivered to you.

7. Quality complain

If you are not satisfied with the quality of any of your Products, you must inform us of the relevant issue within twelve (12) hours of delivery or collection being completed, so that we can investigate your Claim.