The Staples Bag Website Terms and Conditions of Use and Sale
1 User agreement
1.2 You acknowledge that you are aware that The Staples Bag is a social enterprise and the goods sold on the site are sourced from a range of providers including food relief organisations. These goods may include product that is out of specification, close to date code, has incorrect labelling or damaged packaging or deleted lines. Some goods may be past its best before date but will be within the ‘use by’ date range on day of sale.
2.1 You can be a registered member or guest of the website to make orders You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
2.2 By using the website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.
2.3 To register an account and use the website, you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
3. Access and use of the website
3.1 You must only use the website through the interfaces provided by us and in accordance with these terms and any applicable law.
3.2 You must not or attempt to interfere with our site or the services or networks that host our site. This includes interference with security related or other features of our site and not use, copy or distribute content without our express permission.
3.3 You will be solely responsible for the activity that occurs on your account and must keep account passwords secure.
3.4 You must not use another member’s account without our, and/or the other user’s express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
3.5 We do not warrant that the website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our website.
4 Information on this Website
4.1 Information about goods on the website is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law), we cannot be held responsible for the inaccuracies or errors caused by incorrect information supplied to us by these third parties.
4.2 You agree to make your own enquiries to verify information provided and to assess the suitability of any goods before you order the goods.
4.3 Due to photographic and screen limitations, associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example colour) from the way they appear on the website.
5. Disclaimer and Liability
5.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
5.1.1 errors, mistakes or inaccuracies on the website or our social media pages;
5.1.2 you acting or not acting, on any information contained on or referred to on the website and/or linked website or our social media pages;
5.1.3 personal injury of any nature resulting from your access to or use of the website ;
5.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5.1.5 any interruption or cessation of transmission to or from the website;
5.1.6 any bugs, viruses, or other harmful code or communications which may be transmitted to or through our website by any third party;
5.1.7 the quality of any product or service of any linked sites;
5.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised of offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
5.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
6.1 You will at all times indemnify, and keep indemnified, us and our directors , officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arouse out of, in connection with or in respect of your conduct or breach of this Agreement.
7 Placing Orders
7.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
7.2 The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
7.3 Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified including delivery and other charges.
7.4 Good in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
7.5 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. Prepaid goods will be held in the warehouse for a maximum of 3 days after which you will need to contact a staff member to organise a new bag for you to collect.
7.6 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
8 Price, Payment and Use of Discount/Coupon Codes
8.1 The prices of goods, delivery and other charges shown are in Australian dollars.
8.2 All payments must be received in full prior to dispatch of goods.
9 Supply and Delivery of Goods
9.1 Subject to this Agreement, we will supply the goods shown on your order confirmation. We will deliver on your specified date which can be up to 30 days from payment. We will use our best endeavours to meet stated timeframes for availability of goods. However we cannot guarantee timeframes will be met.
9.2 Goods will be available for pickup from designated points as listed on the website section “Locations.”
10 Packaging and Labelling
10.1 We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
10.2 We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
11 Goods out of Stock
11.1 We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund in the event that we cannot fulfil an order
12 Returns and Refunds Policy
12.1 We cannot refund or exchange goods for change of mind or errors you made in your order. We may at our sole discretion, allow a return or refund on a case by case basis provided the items have not been used, and are returned within 24 hours.
12.2 If we allow a return in these circumstances, we will ask you to follow our returns process.
12.3 When seeking a return on a product, please contact us on 9784 2400. Once contacted, we will investigate your issues and advise whether your products may be returned.
12.4 Refunds will be issued using the payment method used for purchase. We aim to process refunds within 21 days of receipt.
13 Social Media and Content
13.1 You understand that all information, such as comments, messages, text images, photos , video, sounds and other materials (“content”) posted on, or linked from the website, our facebook page, twitter feed or other forums (“social media”), is the sole responsibility of the person from whom such content originated.
13.2 As a member or participant on our social media pages, you agree that you are responsible for any content submitted, posted or made available through the website via your account and you must not post content that is defamatory, misleading or deceptive, offensive or discriminates, contains religious or political material, infringes any copyright, trade mark or other intellectual property, contains links to viruses or similar software,.
13.3 We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the website or our social media pages without giving any reasons.
14 Intellectual Property
14.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
15 Transfer and Assignment
15.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the website to a third party, we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party. We shall also be entitled to assign the benefit of any agreements we have with you to the third party.
16 Privacy and Personal Information