Terms of service

                        CANEGROWERS ONLINE STORE – Policies and terms and conditions

OVERVIEW

Welcome to CANEGROWERS online website and shop. The terms we, us and our refers to Queensland Cane Growers Organisation Ltd ABN 94 089 992 969 CANEGROWERS.

We operate this online shop to provide centenary and related goods and services to you. The website is powered by third party provider Shopify.

 

A. Short Returns & Refunds Summary

Returns, Refunds & Exchanges

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

If there is a problem with your order (for example, a manufacturing fault, damage in transit or the wrong item sent), please contact us as soon as possible, and within 7 days of delivery, with your order number, details of the issue and photos where possible. Where a failure is confirmed, we will arrange a repair, replacement or refund and cover any reasonable return postage.

Because our centenary merchandise is limited-run and often made to order, we do not generally offer refunds for change of mind. Subject to stock availability, we may offer a size exchange or store credit where you contact us within 14 days of delivery and the item is unworn, unwashed and in resaleable condition with tags attached. For change-of-mind or size exchanges, you are responsible for return postage and we may charge additional postage for the replacement item.

To request a return or exchange, please contact us at info@canegrowers.com.au with your name, contact details, order number and a brief description of the issue.

Nothing in this policy limits your rights under the Australian Consumer Law.

B. Online Store Terms & Conditions

Online Store Terms & Conditions

These terms and conditions (Terms) govern your use of the online store at canegrowers.myshopify.com (Site) and the purchase of CANEGROWERS centenary merchandise (including t-shirts, hats and related products) from us.

By using the Site or placing an order, you agree to be bound by these Terms. If you do not agree, you must not use the Site or place an order.

 

1. Contact details

Queensland Cane Growers Organisation Ltd (CANEGROWERS)
ABN 94 089 992 969
Email: info@canegrowers.com.au
Postal address: GPO Box 1032, Brisbane QLD 4001, Australia

2. Use of the Site

2.1 You must use the Site lawfully and not do anything that interferes with or disrupts the Site or its security.

2.2 We may suspend or terminate access to the Site at any time without notice, including for maintenance or where we reasonably believe there has been misuse.

3. Products and availability

3.1 We sell limited-run CANEGROWERS centenary merchandise. Product descriptions, images and colours are provided in good faith, but:

  • colours and appearance may vary slightly from photos due to lighting and screen settings; and
  • sizing may vary within normal manufacturing tolerances.

3.2 All products are subject to availability. We may limit quantities or discontinue products at any time.

4. Pricing and payment

4.1 Prices are shown in Australian dollars (AUD) and, unless otherwise stated, include GST.

4.2 We may change prices at any time before you place an order.

4.3 Payment must be made at the time of placing an order using the payment methods offered on the Site. By submitting payment details, you represent that you are authorised to use the chosen payment method.

4.4 We use third-party payment processors (which may include Shopify). We are not responsible for any errors, delays or security issues arising from those services, except to the extent required by law.

5. Third-party platforms and services (including Shopify)

5.1 We use Shopify and other third-party service providers to operate the online store and to process payments and manage orders. Your use of the Site may be subject to the terms and conditions and privacy policies of those third parties, in addition to these Terms.

5.2 While we take reasonable steps in selecting reputable providers, we do not control and are not responsible for:

  • the performance, security or availability of any third-party platform or service; or
  • any act or omission of a third-party provider, except to the extent required by law.

5.3 To the extent permitted by law, we are not liable for any loss or damage you may suffer as a result of any interruption

6. Relationship with Shopify

6.1 Our online shop is powered by Shopify, which enables us to provide the goods and services to you.

6.2 However, any sales and purchases you make are made directly with us. By using the services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and us, including any injury, damage, or loss resulting from purchased products and services.

6.3 You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.

7. Orders and formation of contract

7.1 When you place an order on the Site, you are making an offer to buy the products in your order.

7.2 We may accept or reject an order in our discretion, including where:

  • the product is unavailable;
  • there is an error in price or description; or
  • we reasonably consider the order to be fraudulent or for resale.

7.3 A binding contract is formed when we issue an order confirmation email.

7.4 If we cannot fulfil part or all of your order after acceptance (for example due to stock issues), we will contact you to discuss options, which may include a partial fulfilment, substitution (with your consent) or refund.

8. Shipping and delivery

8.1 We ship to Australian addresses only using our nominated carriers.

8.2 Shipping options, charges and estimated delivery timeframes are shown at checkout. These timeframes are estimates only and actual delivery times may vary.

8.3 Risk of loss or damage to the products passes to you when they are delivered to the delivery address you provide, or to your nominated representative or place of collection.

8.4 You are responsible for ensuring that the delivery address is correct and that someone is available to receive the order where a signature is required. If an order is returned to us because it could not be delivered or was unclaimed, we may charge you for re-delivery.

9. Risk and title

9.1 Title to the products passes to you when we have received full payment of the price and any applicable shipping charges.

9.2 Risk in the products passes to you on delivery in accordance with clause 6.3.

10. Returns, refunds and exchanges

10.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms limits or excludes any rights, guarantees or remedies you have under the ACL that cannot be lawfully limited or excluded.

10.2 If a product has a major failure or otherwise fails to comply with a consumer guarantee under the ACL, you are entitled to a repair, replacement or refund and may be entitled to compensation for reasonably foreseeable loss or damage. If the failure is not major, we may choose to repair or replace the product or provide a refund.

10.3 If you believe there is a problem with your order (including manufacturing faults, damage in transit or incorrect items), please contact us as soon as possible, and in any event within 7 days of delivery, with:

  • your order number;
  • a description of the issue; and
  • clear photos of the product and, where relevant, the packaging.

Where a failure is confirmed, we will provide an appropriate remedy in accordance with the ACL and will cover any reasonable return postage or provide a pre-paid return label.

10.4 Change of mind / wrong size
We are not required to provide a refund if you change your mind. However, subject to stock availability and at our discretion, we may offer a size exchange or store credit where you:

  • contact us within 14 days of delivery; and
  • return the product in new, unworn, unwashed and resaleable condition with all tags and packaging intact; and
  • provide proof of purchase.

For change-of-mind or size exchanges:

  • you are responsible for the cost of returning the product to us; and
  • we may charge additional shipping to send the replacement item.

10.5 We may refuse a return or exchange where the conditions in this clause are not met or where a product has been misused, altered, damaged after delivery (other than due to a fault) or returned outside our stated timeframes, subject always to your rights under the ACL.

10.6 Our Returns & Refunds Policy forms part of and is to be read together with these Terms.

11. Promotional codes and vouchers

11.1 We may, from time to time, issue promotional codes, discount offers or gift vouchers, which are subject to any additional terms and conditions we specify at the time of issue.

11.2 Unless otherwise stated, promotional codes:

  • are for single use only;
  • cannot be used in conjunction with other offers; and
  • are not redeemable for cash.

12. Intellectual property

12.1 Unless otherwise stated, we own or license all intellectual property rights in the Site and its content, including text, images, logos, trademarks and designs relating to CANEGROWERS and the CANEGROWERS centenary.

12.2 You must not use, reproduce, modify, distribute or communicate any part of the Site or its content except:

  • as expressly permitted by these Terms;
  • with our prior written consent; or
  • as permitted by law.

12.3 You must not use any of our names, logos or marks in a way that suggests endorsement or affiliation without our written permission.

13. Limitation of liability

13.1 To the maximum extent permitted by law, and except for liability arising under the ACL that cannot be excluded, we exclude all liability for any loss, damage, cost or expense (whether direct, indirect or consequential) arising in connection with:

  • your use of the Site;
  • any delay in delivery; or
  • any product purchased through the Site.

13.2 Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to:

  • in the case of goods: replacement or repair of the goods, or payment of the cost of replacing or repairing them; and
  • in the case of services (if any): resupply of the services or payment of the cost of having the services supplied again.

13.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

14. Privacy

14.1 We collect, use and disclose personal information in accordance with our Privacy Policy, which is available on the Site. Shopify may also collect and use certain personal information which may be subject to Shopify’s privacy policy.

14.2 By using the Site or placing an order, you consent to the collection and use of your personal information as described in the Privacy Policy.

15. Changes to the Site and these Terms

15.1 We may update the Site and these Terms from time to time.

15.2 The Terms that apply to your purchase are the Terms in place at the time you place your order. We recommend you review the Terms before each purchase.

16. Governing law

16.1 These Terms are governed by the laws of Queensland, Australia, and the Commonwealth of Australia.

16.2 You submit to the non-exclusive jurisdiction of the courts of Queensland and the courts having appeal from them.

Disclaimer

All CANEGROWERS centenary merchandise is commemorative in nature and is offered for general promotional and fundraising purposes only. Product images are for illustrative purposes and, due to manufacturing processes and screen settings, actual colours, sizing and finishes may vary slightly from those shown. Availability is strictly limited and items may be withdrawn or substituted at any time. Nothing on this page constitutes financial, legal or other professional advice. Your rights under the Australian Consumer Law apply in addition to, and are not limited by, these statements or our Online Store Terms & Conditions.