Terms & Conditions

Please read these terms and conditions carefully before ordering any products from this website. By purchasing any of our products, you agree to be bound by these terms and conditions.

WEBSITE

1. This website is owned and operated by Singing Magpie Produce ABN 504 476 917 21.
2. The use of this website and the purchase of products and services available through this website (“our Services”) are subject to the following terms and conditions. By using our Services, you agree to all these terms and conditions, which may be updated from time to time. Nothing in these terms and conditions affects your statutory rights.
3. These terms and conditions shall prevail over any terms you put forward to change these terms, which are expressly waived and excluded. No changes to these terms shall be binding unless agreed in writing by us.
4. You must use this website in accordance with these Terms and Conditions. You must be over 18 to register and use this website.
5. You must not use the website for any of the following purposes:
6. engaging in any conduct which breaches any applicable law or regulation. If we have reason to believe that you are using our website for illegal activity, we may refer this matter to the appropriate authorities;
   ii.attempting to interfere with the security of the website, or security features that restrict the use or copying of any content on the website;
   engaging in any activity that interferes with or disrupts the website or the servers and networks that host the website;
   iii. distributing or communicating any information, content or material that infringes the rights of a third party including intellectual property rights, or that is false, inaccurate, offensive or abusive.
7. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

INFORMATION ON THE WEBSITE

1. We reserve the right to amend these terms and conditions (including imposing additional terms) at our sole discretion, at any time and without notice to you. Any amendments are automatically incorporated into and form part of these terms and conditions, which are accessible on our website and you accept that it is your responsibility to review these terms and conditions each time you use the website.
2. By continuing to use the website, you agree to be bound by any amendments to the terms and conditions.
3. We reserve the right to change the website, and the products and services available through the website, at our sole discretion without liability to you or any other third party. We will endeavour to ensure that all information, content or material (referred to as “Information”) on the website is accurate, complete and reliable except for information submitted by users of the website. However, we do not make any representations or guarantees as to the accuracy, completeness or reliability of any information on the website. You acknowledge that such information may contain errors or inaccuracies and accept that you must make your own enquiries to verify the information provided by is. We expressly exclude any liability that may arise in relation to the accuracy, completeness or reliability of any information on the website.
4. If we come across any error or inaccuracy in any information on the website, we reserve the right to correct that information without any liability to you or any other third party.
5. All information on the website is of a general nature and is not intended in any way to replace professional dietary or medical advice. We do not make any representations or guarantees as to the suitability of the products on the website for any dietary requirements, medical conditions or allergies. You acknowledge that it is your responsibility to assess the suitability of all products prior to you using the products. We expressly exclude any liability that may arise in relation to the suitability of the products for any dietary requirements, medical conditions or allergies. Singing Magpie Produce packs a range of produce on shared equipment including dried fruit and pecan nuts. While we do our best to avoid any kind of cross contamination this can occasionally occur and any of our products may contain traces of these.
6. You acknowledge that any promotional and marketing material on the website (including images, photographs and descriptions of products) is for illustrative purposes and general advice.
7. The website may contain links to third party websites. You acknowledge that we do not make any representations or guarantees in relation to those sites and does not endorse, verify or assume responsibility for the content of any such third party websites. You accept that your use of any third party websites is at all times at your own risk and we expressly exclude any liability which may arise from your use of or access to those third party websites.

ACCOUNT

1. When registering your account, you will provide us with personal information such as your name, address, email address and phone number. You warrant that this personal information is current and correct. Your personal information will not be disclosed to any third party without your consent and is governed by our Privacy Policy, which can be found here. We only collect personal information for the purposes of conducting our business.
2. By registering your account, you expressly agree to receive emails (containing special offers and product information) and e-newsletters from us. You can request to stop receiving emails and e-newsletters at any time by notifying us.
3. You must keep your login details secure and confidential. You are solely responsible and liable for all activity and communication on the website by you or through your login, including any unauthorised activity and communication.
4. If you suspect, or become aware of, any unauthorised use or misuse of your account or any other breach of security in relation to your account, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
5. We may, at our discretion, and without prior notice and without being liable:
   i. temporarily or permanently restrict your access to all or part of the website;
   ii. impose rules on your use of the website;
   iii. revoke your account.

ORDERS

1. Any products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.
2. When making an order to purchase any items from our website you must follow the instructions on the website as to how to make your order before you submit it to the website.
3. Once you select products that you wish to purchase, you will be told the price in Australian Dollars including GST and delivery (wholesale orders only). This is the total that you will be required to pay for receipt of the order, and you shall pay for this in full at the time of placing your order.
4. Once we receive clear funds, we will process the order within 2 business days. Should you make a payment, but we do not receive the funds, we will not proceed with the order.
5. You undertake and warrant to us that all details you provide to us for the order will be correct, that you are authorised to make payment using the method of payment, and that there are sufficient funds to purchase the order. We reserve the right to validate your payment details before processing the order.
6. When you submit an order, you agree to be bound by the terms and conditions current at the date you submit the order. You are responsible for reviewing the then current terms and conditions each time you submit an order.
7. If you discover that you have made a mistake with your order after you have submitted it to the Site, please contact us using the contact form immediately. We cannot guarantee that we will be able to amend your order.
8. We shall not be obliged to supply the order to you. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies or we may offer you an alternative product. Please note that it might not be possible for us to deliver to some locations.
9. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we or you have cancelled your order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order.
10. Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel and you have already paid for the goods, you will receive a full refund.
11. You expressly authorise us to process the payment for the order via your relevant payment method at the time of your order.
12. Your invoices are made available to you via email.
13. Please note the price of our products are subject to change at any time without notice to you.

DELIVERY OF ORDERS

1. All orders are subject to availability. If an order is received that cannot be filled, we will issue a refund. As we cannot anticipate or control the conditions under which the goods we sell will be used, Singing Magpie Produce cannot be responsible for damages of any nature resulting from the use and/or reliance on the delivery of our goods. No expressed or implied warranties are given other than those implied mandatorily by Commonwealth, State or Territory legislation.
2. Any times quoted for delivery of goods are estimates only. We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
3. We aim to deliver orders to you at the place of delivery requested by you in your order. We do not deliver outside of Australia.
4. You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, we may re-send the order to the correct address at your own expense.
5. You acknowledge that all orders delivered to you from us will be delivered using a third party carrier and you accept that all title in and risk to the order will pass to you upon the third party carrier being given possession of the order by us. We are not responsible for any breakage or damage to the box or any products during delivery and expressly excludes any liability in relation to this.
6. You are responsible for ensuring the shipping address for the box is correct and current. We are not responsible for any liability in relation to an incorrect shipping address including any redelivery, redirection or a refund.
7. On delivery of the order, you may be required to sign for delivery, unless you grant us ‘authority to leave’ in the notes section at checkout. You agree to inspect the order for any damage or missing items before you sign for delivery.
8. If you grant us an ‘authority to leave’ when placing your order, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the order unattended at the delivery address without obtaining a signature confirming delivery at the delivery location. We and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
9. We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
10. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.
11. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the order to you) accept delivery or collect the order from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
1. charge you for our reasonable storage fee and other costs reasonably incurred by us; or
2. no longer make the order available for delivery or collection and notify you that we are immediately cancelling the applicable order, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees).

RETURNS

1. Please check all goods on delivery. For a refund to be issued by Singing Magpie Produce against damaged goods, proof will be required, such as returning the damaged product or providing photos. You must notify us within 48 hours of receipt of goods and return goods or photos to us within 10 days to be eligible.

COMPETITIONS AND PROMOTIONS

1. In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
2. Except as required by law, we do not warrant and we exclude all liability for the accuracy, completeness, fitness for purpose or legality of any information accessed using this website. We exclude all liability of any kind for the transmission of or the failure to transmit or to receive any communication.
3. Except as required by law, we do not accept and hereby exclude any liability for breach of duty (except as required by these terms and conditions).
4. Except as required by law, we do not accept and hereby exclude any liability for losses, costs, damages, injury and fees arising from the supply of any services or orders to you.
5. Except as required by law, we shall have no liability for any loss of revenue, actual or anticipated profits, or any other loss you might incur directly or indirectly as a result of any order.
6. Except as required by law, we shall have no liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website.
7. Our total liability under any order shall in no circumstances exceed 110% of the value of the relevant order under which the cause of action arises.

CIRCUMSTANCES BEYOND OUR CONTROL

1. In the event any order is not delivered due to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties, insurrection, riot, war, strikes fire, storm, flood, we will attempt to deliver the order as soon as practically possible.
2. Either you or we may terminate an order by written notice to the other if an event envisaged above occurs, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of an order already paid for by you and not delivered).

DATA PROTECTION / PRIVACY POLICY

1. We believe that the privacy of our customers’ information is very important. We take all reasonable care to make our website as secure as possible, and to comply with Australia’s privacy laws.
2. You agree to be bound by our Privacy, which can be found here.

INTELLECTUAL PROPERTY

1. This website contains materials that are owned by us, and you must not, without our prior written consent: use, copy, distribute, license, sell, publish, adapt or in any way create derivative works from any of the materials contained on the website; and/or modify or copy the layout or appearance of the website nor any computer software or code contained on the website.
2. The intellectual property rights in all software and content made available to you on or through this website remain our property or that of our licensors and are protected by intellectual property laws and treaties. All such rights are reserved by us and our licensors.
3. Nothing in these terms gives you the right to use any third party trademarks. All third party trademarks are used with permission and remain the intellectual property of the third party.
4. If you make any content, materials or feedback available on the website you automatically grant us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to:
   i.use, copy, display, publish and distribute the content on the website and to any third party including the manufacturer of the products, and
   modify, prepare derivative works of or sublicense the content;
   ii. incorporate the content into other mediums such as social media posts and E-Newsletter publications to promote us, our website, and our products.

GENERAL

1. If any clause in these Terms and Conditions or an Order shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect.
2. No person who is not a party to these Terms and Conditions or an order shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term.
3. These Terms and Conditions and any order shall be governed and construed in accordance with the laws of South Australia. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of South Australia.