Terms & Conditions

General

The following terms and conditions (Terms) together with our privacy policy are the complete terms of a legal agreement between you and Hop Nhat International Joint Stock Company, abbreviated as HNC (“HNC”, “we”, “our” or “us”) concerning your access and use of this IGA Figtree Drive Site at www.igafigtreedrive.com (Site). The Site is owned and operated by HNC. You can use the Site to browse, select, and order products from local independent IGA stores participating in IGA Figtree Drive (Stores). When an order you place is accepted on the Site, HNC will procure your selected Store supplies and either deliver or make your order available for collection, on these Terms. You will pay HNC on the Site for your order and HNC will issue you a receipt, which will include details of the Store fulfilling your order.

Please read these Terms before accessing or using the Site. If you are under 18, you must obtain your parent or guardian’s consent before accessing and using the Site.

Your agreement to these Terms

By accessing, browsing, or using this Site, including completing your registration through the Site and placing an order for products through the Site, you agree that you are subject to and must comply with these Terms. If you do not agree to these Terms, do not use this Site.

HNC may vary these Terms from time to time by posting the varied version on this Site and the changes will be effective when posted. Suppose we’ll give you a reasonable notice via your registered email address of any material changes to these terms which we consider (in our reasonable opinion) might detrimentally impact you. For future orders, these terms may therefore be different. You should review any such emails and any varied Terms posted on the Site regularly to keep up to date with any variations. By continuing to use this Site, you accept the Terms current at the time you access and use it. To avoid doubt, where you place an order that is accepted by us, the terms and conditions that apply to that order are those of the Site. In that case, the user is registered at applied at the time you placed the order.

If you have a trading relationship with HNC, that trading relationship is governed by a separate agreement between you and HNC or its related entities. However, these Terms also apply to your use of this Site.

Registration and use of your account

You must complete the customer registration process through the Site before placing an order.

You must provide the correct information in your registration. If your information changes after your registration, before placing any further orders you must update your account details either on the Site, by contacting us by email at cs@igafigtreedrive.com, or by calling +61 2 9763 7001.

You are solely responsible for the use of your account and for use by persons who access your account with your permission or by your failure to safeguard your login and password details, including for any other person who uses your login and password details to order products through the Site. You agree to notify us immediately if you become aware that your login and password details may have been compromised or if you believe any unauthorized person has accessed your account.

Placing an order

You may order products from a Store by selecting and submitting your order through the Site by these Terms.

Any order placed through this Site for a product constitutes an offer by you to purchase the product to be supplied by the Store that you nominate for your order, for the price displayed on the Site (which may be approximate for certain items such as fresh produce if based on weight or other measurement of quantity for unpackaged products), at the time you place the order, and your agreement to also pay any delivery fees, pick and pack fees and bag fees where applicable, as indicated at your order checkout on the Site.

Your order may be accepted or rejected (in whole or in part) for any reason, including if the nominated Store cannot fulfill the order for any reason if the requested products are not available if there is an error in the price, or if the product description posted on the Site or if there is an error in your order.

If we reject an order placed through the Site (in whole or in part), we will endeavor to notify you of that rejection at the time you place your order or within a reasonable time after you place your order.

Minimum order value

A minimum total order value may apply to orders placed on the Site. This value may differ between Stores and for orders placed for click & collect or delivery. If a minimum order value applies at the time you place an order it will be displayed on the Site and will exclude any pick and pack and delivery fees.

Maximum order quantities

We may limit the number of items of all products you can order on the Site. This limit may differ between Stores and by orders placed for click & collect or delivery. If a limit on the number of items you can order applies at the time you place an order it will be displayed on the Site.

We may limit the number of any one product you can order on the Site. If a limit on the number of any one product applies at the time you place an order it will be displayed on the Site.

You must not order with the intent to resell items including for trade purposes or place multiple orders to circumvent the maximum purchase limits under these Terms. If we believe you are placing an order, or multiple orders, under one or multiple accounts, for such purposes, your order(s) may be canceled.

Restricted products

You must be 18 years of age or over to place an order for liquor, sharp objects such as knives, or any other products that are subject to a minimum age requirement (Restricted Products).

If requested by HNC or the Store that fulfills your order for Restricted Products, you must be able to provide evidence that you are over 18 years of age and must ensure that a person over the age of 18 is available to accept delivery. Where the Store or the Delivering Party (defined below) considers that the person collecting or accepting delivery of an order containing liquor products is intoxicated, the liquor products will not be supplied to you and the balance of your order may also be canceled.

Orders containing Restricted Products will not be left unattended under any circumstances and we reserve the right to cancel your order in whole or in part if we believe any of the above conditions may not be met.

Out of stocks and substitutions

If a product that you order is out of stock or temporarily unavailable at the Store you nominate, and you have indicated on the Site that substitutions are acceptable, the Store may at its discretion provide you with a substitute product. If the Store supplies a substitute product that is a different price to the original product in your order, you will be charged the lower of the two prices.

As substitutions by the Store are discretionary, we cannot guarantee that a substitution will be available or, if available, will be supplied.

Price of goods

The price shown for each product on the Site is the purchase price offered by the Store on the Site at the time you place your order. The prices on the Site may change at any time and we do not provide any notice of these changes. If the purchase price of a product changes between the time it is added to your cart and the time the order is placed, the price of the product in your cart will be updated to reflect the current price. The final purchase price of each product in your order (other than weight-ranged items) will be the price shown in your cart at the time you place your order.

For weight ranged products (which may include fruit, vegetables, meat, fish, deli, etc.) the price per kilogram (or other measurement unit) will be as shown in your cart at the time you place your order. For such items, the price at the checkout is an estimated price based on the amount you ordered. The Store will endeavor to pick as close as practicable to the amount you ordered, but the actual amount picked and charged for may be higher or lower based on factors such as variability of unit size. The final weight price ranged items will be determined at the time your order is picked, based on the actual weight (or other designated measurement unit) of such items.

Each Store also sets its in-store purchase prices and the purchase price shown on the Site may not be the same as the purchase price for the same product in-store.

HNC reserves the right to amend any pricing errors caused by human error, system error, or other reasons. If such an error increases the price of your order, we will either attempt to contact you to confirm you wish to proceed with your order at the amended price or cancel your order.

Specials

IGA Figtree Drive stores offer a range of specials. These specials may vary from store to store and may not be available for purchase on the Site. Where specials are offered on the Site, the discounted price will only be applied to your order if the order is placed during the special offer period. The start and end dates of special offers will be published on the Site. If specials are added to your cart before the end date, but your order is not placed until after this end date, or if your order is modified after the end date, the special may no longer be available and the purchase price shown when the order is placed or modified will reflect this.

Modifying your order

You can modify your order at any time after it is placed on the Site up to the time when the Store begins to process your order. At this point, the order status on the order details page will change from “Placed” to “Processing” and modifications will not be allowed. If you modify your order before it is processed, the purchase price of products and any specials applicable to the products in your order may be updated to reflect any changes to the pricing and specials on the Site at the time your order is modified.

Cost of reusable bags

In addition to the purchase price of products in your order, you will be charged a fee for reusable plastic or other bags used for your order. The cost per bag will be published on the Site and the cost for the number of bags used to pack your order will be added to your order after it has been picked and packed.

GST

All fees identified in these Terms and all prices for products offered on the Site include GST where applicable. A tax invoice will be issued to you when your purchase is complete.

Payment

You must choose one of the available payment methods published on the Site at the time you place your order.

If your selected payment method cannot be processed, we will notify you and we may cancel your order.

For some payment methods (including debit and credit cards) we may pre-authorize the estimated amount payable for your order and charge you the full amount (decreased or increased to account for any out-of-stock items, the actual weight of weight ranged products supplied, and the number of bags used) at the time the Store picks your order. You authorize HNC to pre-authorize the estimated amount that is payable for an accepted order, as shown at the checkout for your order on the Site, from your nominated debit or credit card. If we are unable to successfully process the pre-authorization of payment for your order, your order will be canceled.

For other payment methods, we may not be able to pre-authorize payment, and we may charge you the estimated full amount at the checkout and refund you for any out-of-stock items or weight-ranged products supplied below the maximum weight at the time the Store picks your order.

If we have taken payment for any order that we later reject or cancel in whole or in part, we will issue you a refund for the part rejected or canceled.

Delivery

The Store will only deliver products ordered through the Site to a location where your nominated Store provides delivery services.

When you place your order, you will be able to select from the delivery options available at that time for your nominated Store. The cost of these options may vary between Stores and may change from time to time. Your chosen option will not be secured until your order is placed. You will be charged for the option selected at the price shown at the time you place your order (unless you later modify your order and the price of that delivery option has changed in which case you will be charged the updated price shown when submitting your modified order).

The Store, itself or via its third-party delivery partner (Delivering Party), will endeavor to deliver your order within the timeframe indicated at the time your order is placed. However, delivery times are not guaranteed – times are estimated only and deliveries may be delayed.

You, or a person representing you, must be present to accept the delivery of your order during the time selected for delivery. The Delivering Party will not leave a delivery unattended for any reason. The person accepting the order must be able to provide proof of identity, and where relevant this must include proof of age (for example where an order includes Restricted Products). If the order was paid for by credit card, the Delivering Party may also ask you to present the credit card used to place the order to match your name on the card to the order.

The Delivering Party may, at its discretion, provide a contactless delivery service as follows: the Delivering Party will deliver your order to the front door of the delivery address provided, take a photo of the order as proof of delivery, and attempt to contact you to collect your order. You or a person representing you must be present at the delivery address to accept the delivery and come out upon being contacted. You will not be required to provide a signature on delivery.

You agree that neither we nor the Store will be responsible for any loss or damage to the products in your order that occurs after the delivery has been made.

If the Delivering Party reasonably believes that the delivery address provided is not safe for any reason or that your order is likely to be stolen or damaged, the Delivering Party may refuse to deliver your order.

If there is no one available (including where required a person over the age of 18) at the delivery address to accept your order during the time period you selected, or if the Delivering Party cannot access the delivery address, your order will not be delivered. If delivery cannot be made in these circumstances, we reserve the right to charge a cancellation fee of up to $20 and to charge for the price of any perishable products in your order.

Order cancellation

You may cancel your order at any time up to the point when the Store begins to process your order. At this point, the order status on the order details page will change from “Placed” to “Processing” and cancellation will not be possible on the Site.

If you wish to cancel your order after this point, you will need to contact customer services by email at cs@igafigtreedrive.com, or by calling +61 2 9763 7001. Under these circumstances, we may charge you a cancellation fee of up to $20.

Returns and problems with your order

If you wish to return a product you may do so by returning it to the Store that fulfilled your order, by their returns policy.

If products for which you have been charged are missing or products in your order were damaged or defective, you may contact either us or the Store directly about these matters.

You can contact us in relation to such matters by email at cs@igafigtreedrive.com, or by calling +61 2 9763 7001. To make an assessment of the matter, we may require you to provide further information such as a photograph of damaged or defective products or provide the products themselves, so you must retain them until your claim has been processed.

Risk and title

For delivery orders, risk and title to the products pass from the Store to you on delivery of those products to the delivery address.

For Click & Collect orders, risk and title to the products pass from the Store to you on collection from your nominated Store.

Intellectual Property

Material and content displayed on or comprised by this Site including text, graphics, logos, button icons, images, the website layout and software are subject to copyright owned by HNC or its related entities or suppliers. The material and content are protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images, and logos displayed on the Site may be the subject of registered trademarks of HNC or its related entities or suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trademark laws. You may access, display, download, and print portions of the Site only for your personal non-commercial use or for good faith dealings with HNC, and subject to these Terms. This permission is subject to you not modifying or republishing the content displayed on this Site, keeping intact all copyrights, trademarks, and other proprietary notices and any additional restrictions or express exceptions displayed on the Site. Any other use of material on this Site including the reproduction, modification, distribution, transmission, re-publication, or display of the content on this Site is strictly prohibited.

Information on the Site

Information on this Site may change from time to time. HNC does not represent or warrant that the information will be correct, current, or complete. This Site may contain technical inaccuracies or typographical errors.

Advice

This Site may contain advice and other tips and information including about nutrition. That advice and information is general only. It should not be relied on as applying to your specific situation and you should obtain specialist advice in appropriate situations.

Third-party material

This Site may provide links or references to third-party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). Metcash is not responsible for and does not endorse: (a) the content of Linked Sites or Third Party Material; (b) any use or misuse of information you may supply to or obtain from a Linked Site or any Third Party Material; or (c) any goods or services offered via Linked Sites. HNC does not warrant or represent the accuracy, utility, or any other characteristic of Third Party Material or information or content appearing on Linked Sites. HNC is not a party to or responsible for any transactions you may enter into with such third parties, even if you learn of such third parties (or use a link to such third parties) from this website.

Viruses

You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms, and Trojans, and to protect your information as you deem appropriate.

Use of this website

You agree to comply with all laws applicable to your use of this Site. Without limitation, you agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site, including by uploading or transmitting through the Site any viruses, worms, trojans, or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this Site or any computer. You must not post on this Site any material that is abusive, defamatory, obscene, contrary to law, or the rights of any person. HNC may block or delete from this Site any material you post that HNC decides contravenes those requirements. You must not impersonate or misappropriate the identity of another person. Use of this Site in contravention of these Terms may result in you being banned from the Site and being liable to Metcash for breach of contract and/or contravening applicable law.

Disclaimer about the Site

HNC does not represent or warrant that the functions within this website will be uninterrupted or error-free or that the website or the server that makes this website available is free of viruses or other harmful elements.

Liability

Nothing in these Terms is intended to exclude, restrict, or modify rights which you may have under any law (including the Australian Consumer Law (ACL), and consumer guarantees relating to goods or services under the ACL) which may not be excluded, restricted, or modified by agreement.

Privacy

Your privacy is important to HNC. By providing your details to HNC via the Site, you consent to HNC maintaining, recording, holding, and using that information to process your order, to improve service to you, and to inform you of promotions. Your information may also be provided to the Store you nominate for an order and to the Delivering Party for your order to fulfill and deliver your order. Further information about the collection and use of your personal information is contained in our Privacy Policy.