Terms & Conditions

1. About these Terms

In these Terms & Conditions, Murray Valley Organics, we, us and our refer to the business operating under the Murray Valley Organics name, together with its owners, employees, contractors and authorised representatives.

You and your refer to the person accessing or using this website and, where that person acts for a company, partnership, trust, organisation or other entity, that entity.

Website means www.murrayvalleyorganics.com.au and its pages, forms, content and functionality.

These are general website terms. A separate written quotation, accepted order, credit application, invoice, supply agreement or other trading terms may contain additional or different conditions. To the extent of a direct inconsistency concerning a particular supply, the specifically agreed written conditions prevail over these general website terms.

2. Acceptance and application

By accessing or using this website, you agree to be bound by these Terms. If you do not agree, you must not use the website.

Submitting a website enquiry requires acknowledgement of these Terms and our Privacy Collection Notice and Privacy Policy. An acknowledgement confirms that the relevant documents were made available; it does not remove or reduce any right that cannot lawfully be excluded.

These Terms apply from the effective date shown above and continue while you use the website.

3. Website purpose

The website provides general information about Murray Valley Organics, our farm, certified organic produce, business operations and contact methods.

Unless expressly stated otherwise, website content is an invitation to enquire only. It is not a binding offer, guarantee of supply, promise that produce is currently available, or automatic acceptance of an order.

No contract for the supply of produce or services is formed merely because you view the website, submit an enquiry, request a quotation or receive an automated acknowledgement.

4. Authority to act

If you use the website or submit information for another person or entity, you represent that you have authority to do so and to provide the submitted information.

You must provide accurate, current and complete information and promptly correct any material error that may affect an enquiry, quotation, order, delivery or account.

5. Website information

We take reasonable care when preparing website content. However, agricultural conditions, seasonal supply, specifications, certification scope, transport arrangements, pricing and other business details can change.

To the extent permitted by law:

• website information is provided for general information and enquiry purposes;
• content may not always be complete, current or suitable for your particular requirements;
• typographical, photographic or technical errors may occur; and
• you should confirm important specifications, availability, price, certification requirements, delivery arrangements and intended use with us before relying on them.

Nothing in this clause permits misleading or deceptive conduct or limits any non-excludable statutory right.

6. Produce descriptions and natural variation

Vegetables and other agricultural products are naturally variable. Unless specifically agreed in writing, photographs, illustrations and descriptions are representative only.

Actual produce may vary in size, weight, shape, colour, appearance, maturity, texture, moisture, packaging and other natural characteristics because of season, variety, growing conditions, harvest timing and ordinary agricultural variation.

Website photographs may use lighting, framing, resizing or colour reproduction that differs between devices. A photograph is not a guarantee that every item supplied will be visually identical.

Any agreed grade, specification, pack size, weight tolerance, quality standard or customer requirement stated in an accepted order or written supply agreement will apply to that supply.

7. Organic certification statements

References to certified organic status relate to the certification, products, operations and scope applicable at the relevant time. Certification details may be updated, renewed, varied, suspended or replaced in accordance with the relevant certification program.

Customers requiring certification evidence, transaction certificates, product-specific confirmation or particular documentation must tell us before ordering and verify that the requested product and supply fall within the relevant certified scope.

You must not alter, misuse, reproduce or apply our certification details, certification marks or related statements in a misleading or unauthorised way.

8. Enquiries, quotations and orders

A website enquiry is a request for contact or information only. It does not oblige us to accept an order, reserve produce, provide credit or enter a supply arrangement.

Unless a quotation states otherwise:

• a quotation may be withdrawn or corrected before acceptance;
• availability remains subject to confirmation when the order is accepted;
• an order is accepted only when we confirm acceptance in writing or begin fulfilment with your agreement; and
• changes requested after acceptance may affect price, timing and availability.

Automated emails or website status messages confirm receipt of an enquiry only. They do not confirm an order or guarantee email delivery.

9. Prices, GST and payment

Website content does not constitute a fixed price list unless expressly stated.

Prices, GST treatment, freight, packaging, levies, pallet charges, minimum quantities, payment terms and credit conditions will be stated in the applicable quotation, order confirmation, invoice or written agreement.

Where a price is stated as exclusive of GST, GST will be added where legally applicable. You must pay valid invoices by the due date and using an accepted payment method.

We may correct an obvious pricing or calculation error before supply or, where supply has occurred, by issuing a corrected document consistent with the actual agreement and applicable law.

10. Availability and crop conditions

Agricultural supply is affected by weather, water availability, pests, disease, crop performance, harvest timing, labour, transport, regulatory action and other factors.

Unless prohibited by law or a specifically agreed written term, we may reasonably:

• limit quantities;
• offer an agreed substitute;
• adjust a proposed delivery schedule;
• part-fill an order with your agreement; or
• decline or cancel an unfulfilled quantity where supply becomes unavailable.

If we cannot fulfil an amount already paid for, we will provide the remedy required by the applicable agreement and law.

11. Delivery, collection, risk and title

Delivery and collection arrangements are subject to the applicable quotation, order confirmation, invoice or written supply agreement.

Estimated delivery or collection times are not guaranteed unless expressly agreed in writing. You must provide safe, accurate and accessible delivery or collection instructions and ensure an authorised person is available where required.

Where no separate written term applies, risk passes when produce is delivered to the agreed location, collected by you or your carrier, or otherwise placed under your control. Title passes when all amounts owing for that produce have been paid, to the extent permitted by law.

You are responsible for additional cost, loss or deterioration caused by incorrect instructions, unsafe access, unreasonable delay, failed collection, an unavailable recipient or your nominated carrier, except to the extent caused by us or otherwise allocated by law.

12. Inspection and issue notification

Because fresh produce is perishable, customers should inspect it promptly after delivery or collection and notify us as soon as reasonably practicable of any apparent shortage, damage, temperature issue, incorrect product or quality concern.

A notification should include the order or invoice reference, delivery date, affected quantity, description of the concern and photographs where reasonably available.

Prompt notification helps us investigate traceability, handling, transport and remedy options. Failure to notify promptly does not remove any right or remedy that cannot lawfully be excluded, but deterioration or loss caused after risk has passed may affect responsibility.

13. Storage, handling and food safety

After risk passes, you are responsible for appropriate receival, temperature control, storage, rotation, hygiene, preparation, handling and use of produce.

You must follow applicable food-safety laws, handling instructions, use-by or best-before information, recall notices and reasonable directions relating to product safety or traceability.

You must not sell, distribute or use produce that you know or reasonably suspect is unsafe, contaminated, materially damaged or subject to a recall.

14. Allergens and dietary requirements

General website information is not a substitute for product-specific assessment. Agricultural products may be grown, harvested, packed, stored or transported in environments where soil, dust, pollen, agricultural inputs or other materials are present.

If an allergy, intolerance, dietary requirement, food-safety protocol or customer specification is important, you must tell us before ordering and obtain written confirmation that the proposed supply is suitable for that requirement.

15. Australian Consumer Law and other mandatory rights

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law where that law applies.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

Any exclusion, limitation or qualification in these Terms applies only to the maximum extent permitted by law and must be read subject to all non-excludable rights.

16. Cancellations, returns and change of mind

Fresh produce is perishable and may be harvested, packed, allocated or transported specifically for an order.

Unless otherwise agreed or required by law:

• change-of-mind returns are not automatically available;
• a cancellation or amendment is effective only when accepted by us;
• reasonable costs already incurred because of an accepted order may remain payable; and
• produce must not be returned without prior instructions, because an unauthorised return may create food-safety, traceability or biosecurity issues.

This clause does not limit remedies available for a failure to comply with a consumer guarantee or another mandatory legal obligation.

17. Business and wholesale supply

Wholesale, commercial, credit-account and recurring supply arrangements may be governed by separate trading terms, specifications, quality tolerances, forecasts, purchase orders, credit limits, payment conditions and delivery protocols.

A customer purchase order does not override our quotation or agreed terms merely because it contains different boilerplate conditions, unless we expressly agree to those different conditions in writing.

Each party must comply with applicable competition, food-safety, traceability, biosecurity, employment, transport, taxation and other laws relevant to its own activities.

18. Permitted website use

You may access and use the website for lawful personal or legitimate business purposes connected with learning about Murray Valley Organics, making an enquiry or communicating with us.

You may print or save reasonable extracts for your own internal reference, provided copyright and other notices are preserved.

19. Prohibited conduct

You must not:

• use the website unlawfully, fraudulently or in a way that infringes another person’s rights;
• submit false, misleading, defamatory, threatening, abusive or unlawful material;
• impersonate another person or misrepresent your authority;
• introduce malware, malicious code or harmful content;
• attempt to gain unauthorised access to the website, server, accounts, data or administration systems;
• interfere with security, availability, performance or ordinary operation;
• conduct automated scraping, harvesting, probing or excessive requests without written permission;
• use contact details obtained from the website to send spam or unlawful marketing;
• copy, frame, republish or commercially exploit substantial website content without permission; or
• use our name, logo, photographs, certification details or content in a misleading way.

20. Information and materials submitted through the website

You remain responsible for information and material you submit.

You warrant that you have the right to provide it and that doing so does not infringe another person’s privacy, confidentiality, intellectual property or other rights.

You grant us a non-exclusive, royalty-free permission to use, reproduce, store and communicate submitted material only as reasonably necessary to receive, assess, respond to and manage the enquiry, protect the website, keep business records, obtain professional advice or comply with law.

Do not submit unnecessary sensitive, confidential, privileged or security-critical information through a general website form.

21. Intellectual property

Unless otherwise stated, the website and its text, design, layout, branding, logos, graphics, photographs, video, code and other content are owned by or licensed to Murray Valley Organics and are protected by applicable intellectual-property laws.

No right, title or licence is granted except the limited permission to use the website under these Terms.

You must obtain written permission before reproducing, adapting, distributing, publishing, displaying, licensing, selling or commercially using protected content, except where a statutory exception applies.

Third-party trade marks, certification marks and content remain the property of their respective owners.

22. Third-party links and services

The website may link to or embed third-party maps, videos, social-media services, certification bodies, hosting services or other external content.

External services are controlled by their operators and may be governed by separate terms and privacy policies. A link does not necessarily constitute endorsement.

To the extent permitted by law, we are not responsible for the availability, security, content, accuracy or conduct of a third-party service that we do not control.

23. Website security and availability

We take reasonable steps to operate and secure the website, but internet services are not risk-free or continuously available.

We may suspend, restrict, modify or withdraw website functionality for maintenance, security, technical, legal or operational reasons.

To the extent permitted by law, we do not guarantee uninterrupted access, error-free operation, compatibility with every device, or that every electronic transmission will be delivered, retained or free from harmful code.

You are responsible for maintaining reasonable device, browser, network, account and malware security.

24. No professional advice

Website content is general information and is not legal, financial, accounting, tax, employment, agronomic, medical, nutritional or other professional advice.

You should obtain appropriate advice and product-specific information before making decisions that depend on your circumstances, legal obligations, dietary needs, farming practices or commercial requirements.

25. Liability and non-excludable rights

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Subject to that qualification and to the maximum extent permitted by law, Murray Valley Organics is not liable for loss arising solely from:

• reliance on general website information without obtaining relevant confirmation;
• website interruption, transmission failure or third-party systems outside our reasonable control;
• unauthorised or unlawful use of the website by you;
• incorrect, incomplete or outdated information supplied by you;
• your handling, storage, transport, preparation, use or resale after risk has passed; or
• a third-party website or service that we do not control.

Where liability may lawfully be limited but not excluded, any limitation will apply only to the extent that it is fair, reasonable and permitted in the circumstances.

26. Responsibility for unlawful misuse

To the extent permitted by law, you are responsible for direct loss reasonably suffered by us because of your deliberate or unlawful misuse of the website, infringement of our intellectual property, unauthorised access attempt, malicious code, or material breach of these Terms.

This responsibility does not apply to the extent the loss was caused or contributed to by our negligence, unlawful conduct or breach of a non-excludable obligation.

27. Privacy, cookies and electronic communications

Our handling of personal information is described in our Privacy Policy and the collection notice displayed with the website enquiry form.

The website may use necessary cookies and, where configured, other website technologies. Relevant details are provided through the Privacy Policy and any cookie controls displayed on the website.

Submitting a general enquiry does not automatically subscribe you to marketing. Marketing communications will be sent only where permitted by law and will include an unsubscribe method where required.

28. Events outside reasonable control

To the extent permitted by law and any applicable written agreement, we are not responsible for delay or failure caused by events outside our reasonable control, including severe weather, flood, fire, drought, crop failure, pests, disease, biosecurity action, water interruption, labour disruption, transport interruption, utility or communications failure, cyber incident, government action, emergency, epidemic or failure of a critical supplier.

We will take reasonable steps appropriate to the circumstances to minimise disruption and communicate material changes where practicable.

29. Changes to the website and these Terms

We may update the website and these Terms to reflect changes to our operations, supply arrangements, systems, security, law or regulatory guidance.

The current version will be published on this page with its effective or last-updated date. Updated Terms apply to website use after publication. They do not retrospectively alter an existing specifically agreed supply contract unless the parties agree or the law permits.

30. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, and applicable Commonwealth laws.

Subject to any right to bring proceedings in another jurisdiction that cannot lawfully be excluded, the parties submit to the courts and tribunals having jurisdiction in Victoria.

Before commencing formal proceedings, a person should contact us with sufficient details of the concern and allow a reasonable opportunity to respond, unless urgent relief is required or doing so would prejudice a legal right.

31. General provisions

If a provision of these Terms is invalid, unlawful or unenforceable, it is to be read down to the minimum extent necessary. If it cannot be read down, it is severed without affecting the remaining provisions.

A delay or failure to exercise a right is not a waiver of that right. A waiver must be clear and applies only to the particular circumstance for which it is given.

Headings are for convenience and do not limit interpretation. The words “including” and “includes” are not words of limitation.

These Terms do not create a partnership, joint venture, employment, agency or fiduciary relationship between you and Murray Valley Organics.

32. Contact details