Terms of Service

Introduction

Welcome to Nonna’s Grocer. This website https://nonnasgrocer.com/ (“Website”) is operated by Nipoti Group Pty Ltd (ABN 64 676 257 373) (“we”, “us”, “our” and other similar expressions. 

Acceptance of These Terms 

We provide this Website subject to these Terms. Before you browse or use any facilities on this Website, it is important that you read, understand, and agree to these Terms.

You must not use this Website if you are not of a legal age or capacity to form a binding contract with us.

By using this Website, you agree to be bound by these Terms. If you use this Website on behalf of a third party such as an organisation or employer, you agree to these Terms on your own behalf and on behalf of that third party. If you do not accept these Terms, you must not use this Website.

Jurisdiction 

These Terms are governed by the laws of New South Wales, Australia. 

Contact 

If you have any questions regarding these Terms, please contact us at hello@nonnasgrocer.com

Products & Pricing 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We shall not be liable to you or to any third-party for any modification, price, change, suspension or discontinuation of the Service. 

We make every effort to ensure the stock reflected on the Website is accurate and available for purchase, however please note that our stock is not updated in real time and as a result some discrepancies may occur. If in the event our warehouse is unable to fulfil your order, you will be notified as soon as we are aware of the discrepancy with an alternative option. If a suitable solution cannot be found a full refund will be processed.

All items presented on the Website are in Australian dollars and are inclusive of GST. All payments are processed in Australian dollars. 

Payment 

Payment is required at the time of purchase and can only be made using either a nominated VISA or Mastercard credit card or using a PayPal, ZipPay or Afterpay account. All payments are handled by a secure payment gateway provider and will appear on your account statement as coming from Nipoti Group Pty Ltd or Nonna’s Grocer. 

If we cannot complete your order, some items cannot be shipped or we reject your order, we will refund you using the original payment method used for the order. Please be aware that refunds may take several business days to appear on your statement. 

Promo Codes 

We may promote discount codes that offer a discount to the RRP. To qualify for this discount you must supply the applicable discount code at checkout or purchase products within the allotted time frame. You may only use one discount code per purchase and use of a discount code may override or nullify some of the other discounts we may offer such as free shipping. 

Gift Cards 

Gift Cards are available to purchase on the Website. We will email you the Gift Card either as soon as payment has been cleared. The Gift Cards are valid for 3 years from the date of purchase

We will send the Gift Card to the email address you provide us with when completing your order. We are not liable for any mis-delivery, non-delivery or use of the Gift Card by someone other than your nominated recipient due to inaccurate delivery details provided by you.  

In addition, we can’t take responsibility for any Gift Cards that are lost or used by someone other than your nominated recipient after delivery.

Please be aware, Gift Cards may get caught in spam filters. It is up to the recipient to check these and retrieve the Gift Card email before the spam filter automatically deletes it.

Accuracy of Billing and Account Information 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You must ensure that you provide your correct billing details when checking out, as incorrect information may delay your order. 

Use of this Website  

You must only use this Website in accordance with these Terms, any directions given by us and with all laws and regulations that apply to you.

You must not, and you must not cause or permit a third party, to:

  • use this Website in a manner or for a purpose which is improper, unlawful or fraudulent, which infringes any person’s intellectual property rights, or which restricts or interferes with our provision of this Website to any other users;
  • reverse engineer, reverse assemble or reverse compile or copy or duplicate or modify or make derivative works of or re-sell all or any part of this Website;
  • gain or attempt to gain unauthorised access to any part of this Website, or our computer systems or networks connected to this Website, including through hacking, password mining or any other means; or
  • use data mining, robots, screen scraping or similar data gathering and extraction tools on this Website for establishing, maintaining, advancing or reproducing information contained in this Website, on your own website or in any other publication, or for your own personal use or benefit (other than as expressly set out in these Terms), except with our prior written consent.

Your use of the Website is at your own risk.

We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

Website Content 

The content on this Website includes product related information that comes from a variety of sources and authors, including our staff, contractors and suppliers. It is intended for general use only and we do not warrant that the information is accurate, complete or relevant to your circumstance.

While we try to ensure the accuracy of all prices and information displayed on the Website, we are not responsible for any typographical or photographic errors on this Website, including any price errors and we give no undertaking as to the availability of products advertised on this Website.

This Website may contain links to external websites not operated by us and we take no responsibility for, or endorse, the content of such websites.

This Website is provided to you on an 'as is’, ‘with all faults’ and ‘as available' basis. To the extent permitted by law we make this Website available to you without any warranties or guarantees of any kind, express or implied.

We make no representation, warranty or guarantee that your access to, and use of, the Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components and we reserve the right to discontinue operating the Website at any time without notice to you.

Intellectual Property 

All material on the Website, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Normal. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Nonna’s Grocer, or as permitted by law. All rights of Nonna’s Grocer are reserved. 

Indemnity 

You agree to indemnify and hold us, our officers, directors, employees and agents harmless from and against all losses (including, without limitation, loss of profits, lawyer fees), costs, damages, expenses or injury, whether special or consequential, arising directly or indirectly from, or in connection with, your access to, use or misuse of, this Website, any violation of these Terms or the Privacy Policy (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Website using your account.

Liability
We are not liable to you or any third party for any loss including any special, indirect, consequential, punitive, exemplary or unforeseeable loss such as loss of profits or business interruption or any similar loss arising in connection with these Terms, Privacy Policy or use of the Website.

Subject to the above, our liability to you or any third party for breach of these Terms, negligence or other tort, breach of statutory duty, or under any indemnity or otherwise, is limited to, at our option:

  • for products: to the re-supply of the relevant products, a refund of the fees paid for the products or the payment of the value of the products supplied; or
  • for services: to the re-supply of the relevant services, a refund of the fees paid for the services or the cost of the re-supply of the relevant services.

Variations to these Terms 

We reserve the right to vary these terms at any time. By continuing to use this Website, you consent to any and all variations. We will not notify you of these variations and as such, it is your responsibility to regularly check these terms of any variations.