These policies sets out how you can purchase goods from Zamzammarket online shop. By completing the customer application process and using Zamzam, you are bound by this agreement.
In these policies and conditions: Agreement is an agreement between you and Zamzam to supply goods, and consists of the order and these conditions.
Zamzam Market is referred as Zamzam
Conditions are these conditions, and any additions or variations;
Delivery Address is the address where the goods are to be delivered as stated on the order.
Delivery Fee is the fee payable to Zamzam for delivery of the goods to your delivery address and handling and other costs associated with processing your order.
Goods are items in an order, and include packaging;
Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information;
Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Order is an order by you to purchase goods from Zamzam market;
Product List is the list of goods displayed on the Zamzam web site; and
Related Corporation has the same meaning as "Related Body Corporate" in the Corporations Act 2001 (Cth);
Remote deliveries are deliveries to pre-approved transport providers, such as barges, train stations, airports and local couriers, including (but not limited to) local delivery area.
Unattended Delivery refers to an order where you have instructed Zamzam or otherwise agreed that the goods can be left unattended at the delivery address or such other spot that Zamzam determines is suitable at the time of delivery.
Bagged refers to your goods being packaged in Zamzam bags, at a cost.
Bagless refers to your goods packaged, free of charge and without the use of single-use, lightweight plastic bags. Some items such as fruit, vegetable or meat may be packaged in clear white plastic barrier bags, with no handles.
An agreement exists once Zamzam accepts an order from you which occurs when your order and payment is processed.
Accurate information: Information provided by you in your application must be accurate and complete. You must inform Zamzam if there's a change to your details.
Delivery area: Orders for delivery to addresses that are not in the Zamzam delivery area can't be processed. We'll let you know if your delivery address ceases to be in an area where Zamzam delivers goods.
Date of birth: If a date of birth is required by relevant state or territory licensing laws for orders that contain tobacco products, you're required to provide this information at the time of registration or order.
Customers are not permitted to purchase any items for resale to a third party for retail, wholesale or trade purposes without the prior consent of Zamzam.
ORDERS, DELIVERY AND COLLECTION OF GOODS
Late cancellation fee: If you cancel an order after the order cut off time, Zamzam may charge you and you must pay a late cancellation fee.
Zamzam will deliver the Goods to you at the delivery address within the time agreed with you. Zamzam won't commit to delivery beyond the front door of your home or office building. ‘Front door' means the front door or a point beyond which entry into the interior of the building occurs. If you request Zamzam to deliver the goods beyond your front door and we agree that it is practical and safe to do so, you agree to continually indemnify and hold Zamzam harmless (including its officers, employees, contractors and agents) from any loss suffered or incurred through the delivery of the goods beyond your front door.
Zamzam may in its sole discretion, decide not to deliver goods at the delivery address where it reasonably believes that the goods are likely to be stolen or damaged, or deem the delivery address to be unsafe for any reason. In this case, Zamzam will contact you to arrange alternative delivery options.
For all deliveries, you will be responsible for choosing between whether your goods are delivered as bagged or bagless.
Authorised receipt of Goods: Zamzam reserves the right to verify the identity of anyone placing, collecting or receiving an order which may include (but not limited to) requesting identification and/ or proof of purchase. For standard home deliveries, anyone at the delivery address (or upon collection) who receives the goods shall be presumed by Zamzam to be authorised to receive the goods. For unattended deliveries, receipt of goods by an authorised person at the delivery address is not required.
Additional delivery fee: For standard home deliveries if there's no one at the delivery address or no one of appropriate age to receive, sign and pay for the order when the goods are delivered, the goods won't be left at the delivery address (unless we are able to contact you to confirm your acceptance of an unattended delivery). If the goods cannot be delivered and/or you do not wish to accept an unattended delivery we’ll attempt to contact you and may charge an additional delivery fee. A cancellation fee may also apply.
Provision of tobacco and similar products: If the order includes tobacco or other products where there's a minimum age required to purchase, you must ensure that a person over the age of 18 years is available to accept these goods. If the above requirements are not met in respect of the supply of tobacco or similar products, Zamzam reserves the right to cancel your order either in whole or in part. Under no circumstances is an unattended delivery available if your order contains tobacco any other product to which a minimum age requirement is applicable.
Minimum order value: Zamzam sets from time to time a minimum order value. The minimum order value excludes the delivery fee. Zamzam may decide to accept an order which is below the minimum order value. Doing this in one instance won't oblige Zamzam to accept an order which is below the minimum order value at any other time.
Cancellation: If you need to make any changes to or would like to cancel your order, contact us on (02) 9643 8776 and we will discuss your options with you.
We may cancel your order before delivery or collection in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your order are if:
There was any error in the description of any of the goods in your order or the price as advertised by us;
Suspected fraudulent activity
Your order is in breach of this Agreement or any other relevant terms and conditions or is contrary to any law.
Your order is unable to be fulfilled due to unavailability of the products you have ordered from the fulfillment location.
In the event that your Order is cancelled, we will endeavor to contact you as soon as possible, via one or more of your contact details supplied, to advise of you of the cancellation.
Large / Bulk orders: Large / bulk orders are defined as any orders containing items that have been ordered above their stated retail limit. It is advised that the customer places any large/bulk orders at least 4 days before their intended delivery or collection day. This is to ensure orders of this nature are fulfilled as adequately as possible by our stores.
RISK AND TITLE IN THE GOODS
Risk and title in the goods passes to you upon delivery or collection and payment for the goods, either at the delivery address (including an unattended delivery at the delivery address).
CREDITS AND REFUNDS
You can make a claim for a refund or credit if:
you believe that gods we charged you for were not provided; or there is a fault or defect with the Goods you have purchased; and
you notify Zamzam within a reasonable period of time.
Email email@example.com or call (02) 9643 8776 to lodge your claim. We'll assess your claim and are happy to offer a credit or refund for any missing or faulty Goods.
For standard home deliveries, Zamzam may not, entirely at its own discretion pick up any goods that you don't accept. However we may need to inspect the goods before making an assessment, therefore please keep them until we advise they can be discarded.
Credit for the value of any goods or credits applied for any other reason (including customer care or promotional activity), will be applied to your next order as long as the order is worth more than the credit
Change of mind returns
Please note: Change of mind returns can only be made to a Zamzam market outlet, Zamzam won't refund the delivery fee, and Zamzam can refuse a refund or exchange if the original invoice isn't provided.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this section, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You're also entitled to have the goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
PRICE OF GOODS AND PAYMENT
Delivery Fee: If required by Zamzam, you must pay the delivery fee for each order to Zamzam market.
Additional fees: If charged by Zamzam market in accordance with order/ cancellation clause as mentioned in point 4, you must pay any late cancellation fee or additional delivery fee.
Card fees: If charged by Zamzam market, you must pay eftpos, or credit or debit card processing fee.
Specials: Zamzam market offers many catalogue specials and exclusive online specials, but please be aware some items in Zamzam store may not be available at Zamzam website.
Total price of Goods: Goods in your order are charged at the purchase price published at the time you submit your order, and that appears on the order confirmation, except:
if a good is out of stock, in which case you won't be charged for that good;
if you have nominated that you will accept a substitute good, the substitute good will be charged at the lower of the original or the substitute price at the time the substitute good is processed for your order;
If you have ordered a good that is priced per kilo, we initially estimate the weight and total price of the goods at the time you place your order. When we process your order, we weigh the actual goods selected for you and charge you the exact weight and total price of that particular good.
If you modify your order, in which case all prices will update to the then-current prices.
If your order is bagged, you will only be charged for the exact amount of bags used at the time your order is processed.
If a chargeable weight applies to your order, in which case Zamzam reserves the right to apply a handling fee to orders that exceed 100kg.
Pricing Errors: Zamzam reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason and may exercise its right to cancel the order at any point prior to delivery of the goods pursuant to clause 4 above.
Tax invoice: Before or upon delivery of the goods, we'll provide you with a tax invoice with the total price for the goods, including credits applied and any other fees.
Method of payment: At the time you place the order, you'll be required to select your payment method being either, online payment by credit card, debit card, PayPal or customer account for approved business customers. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method.
Saved Credit Cards: Where the customer chooses to save their card details with Zamzam, the customer consents to:
Zamzam market storing the card details for use only as a payment method for future purchases they may make.
Zamzam market will notify the customer of any changes to this agreement.
We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.
If you owe money to Zamzam under one agreement, Zamzam may set-off that money against any money that Zamzam owes to you under another agreement. If Zamzam owes money to you under one agreement, Zamzam may set-off that money against any money that you owe it under another agreement.
OUT OF STOCKS AND SUBSTITUTION
Zamzam market doesn't provide rain checks on goods ordered by you. Zamzam market will select for you (unless you advise us otherwise via your account or at the time of order) a substitution for goods that are out of stock. Zamzam will try to ensure that all goods you order (and any agreed substitutes) are supplied. Zamzam can limit sales to reasonable or normal household quantities.
PACKAGING AND LABELLING OF GOODS
Zamzam market aims to provide up-to-date pictures and details of the goods on our site. At times, the picture or details of the goods may differ from the Goods actually supplied to you. Zamzam market does not warrant the accuracy of the information contained in the product list, descriptions and pictures and recommends that you read labels carefully before consuming goods.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Zamzam or its Related Corporations own or are licensed to use all Intellectual Property Rights in Zamzam market, including any images, photographs or text that appears on the Zamzam web site. You must not make any representation to the contrary and you must not use or copy Zamzam in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Zamzam web site are owned by or licensed to Zamzam market or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
13.1 Zamzam will use reasonable care and skill in providing the Zamzam market website for your use.
13.2 Subject to clauses 13.3, 13.4 and 13.5, we are responsible for loss suffered by you as a result of:
our negligence if it causes personal injury or death; or
a serious breach of this agreement by us,
if that loss was reasonably foreseeable at the time.
13.3 Subject to clause 13.2 and to the extent permitted by law, you release and discharge Zamzam market from all forms of direct, special, indirect or consequential loss (including loss of profits, loss of data or loss that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this agreement) arising out of or in connection with Zamzam market or this agreement (including the installation, downloading, use or performance of any software related to the Zamzam website).
13.4 In respect of unattended deliveries only, to the maximum extent permitted by law or as otherwise set out in these terms and conditions, Zamzam market shall not be liable to you or to any other person for any loss, as a result of an act or omission by or on behalf of Zamzam market arising out of or in connection with this agreement including but not limited to:
where goods are left at the delivery address as requested pursuant to the delivery notes left by a customer;
where goods are left at a delivery address in a manner that is consistent with the delivery instructions specified in the request for an unattended delivery; or
where Goods are not left at the delivery address and require re-delivery arrangements to be made;
except to the extent that such loss or damage arose as a direct result of our fraud or wilful misconduct of Zamzam market.
13.5 Provided that it's fair and reasonable to do so, any liability by Zamzam market resulting from a breach of warranty (express or implied) will be limited as follows:
If the breach relates to the goods, to the replacement of the goods or the supply of equivalent goods.
If the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again.
These limitations do not apply to any condition or warranty implied by legislation that does not permit Zamzam's liability to be limited.
14. USE OF THE WEBSITE
15. THIRD PARTY WEBSITES
This website contains links to websites controlled by third parties (third party websites). Zamzam market isn't responsible for any content on third party websites nor does it endorse or approve those websites. If you choose to visit third party websites you do so at your own risk and should make your own enquiries before relying on any content you view there.
Zamzam market makes no representations that third party websites do not infringe anyone's Intellectual Property Rights.
16. USERNAME AND PASSWORD
You are responsible for the safekeeping of your user name and password, and you're liable if your account is misused by an unauthorized person.
17. NOTIFICATION OF CHANGES
Zamzam market may add to, delete, or otherwise change any of the terms of this agreement by giving you notice. Your use of Zamzam market after notice will constitute your deemed acceptance of such changes.
18. PRIVACY AND SECURITY
Zamzam may terminate or suspend this agreement at any time by delivering notice or by sending you a message advising that your shopping privileges have been removed. Termination of this agreement is effective the day notice is received, or such later date as specified in the notice. Zamzam may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders at Zamzam market at any time.
Zamzam may give notice to you by email, conventional mail or notice on the Zamzam site. You may give notice to Zamzam by email to firstname.lastname@example.org
Each provision of this agreement is severable. The agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
The laws of Australia govern this agreement.