Terms and Conditions of Sale

David Luckes Fresh Food Market Pty Ltd

Effective Date: 08/06/2026

1. Definitions

In these Terms:

We, us and our mean David Luckes Fresh Food Market Pty Ltd ABN 54 149 525 646 of Corner of Paynesville and Macleod Street, Bairnsdale;

you, your and customer mean the person, business or organisation buying goods from us;

Goods means the products we sell, including fresh food, groceries, wholesale supplies, retail goods, packaged products and related items;

Perishable Goods means fresh, chilled, frozen, prepared, dated or short shelf-life goods.

2. When These Terms Apply

2.1 These Terms apply to all sales by us, including:

(a) Wholesale orders;

(b) Sales to the public;

(d) Phone and email orders;

(e) Delivery orders; and

(f) Collection orders

2.2 By placing an order, accepting delivery, collecting Goods or making payment, you agree to these Terms.

2.3 These Terms apply subject to any rights you have under the Australian Consumer Law.

3. Orders

3.1 Orders may be placed through our online ordering system, in-store, by phone, by email or by any other method we accept.

3.2 We may accept, reject or cancel an order if:

(a) Goods are unavailable;

(b) Prices or product details are incorrect;

(d) Delivery cannot be completed;

(e) The order is outside our delivery area; or

(f) Supply is affected by market, supplier, transport or quality issues

3.3 You must make sure all order details are correct, including products, quantities, delivery address, collection time, contact details and delivery instructions.

4. Availability, Substitutions and Variable Weights

4.1 Some goods may be unavailable or may vary in size, weight or price.

4.2 If an item is unavailable, we may:

(a) Supply a reasonable substitution;

(b) Supply a different size, weight, brand or variety;

(d) Remove the item from the order and adjust the price; or

(e) Cancel that part of the order

4.3 You may give us substitution instructions when placing your order.

4.4 If you do not give clear instructions, you authorise us to choose a reasonable substitute.

4.5 Some Goods are sold by actual weight. This means the final price may be higher or lower than the estimate shown online or quoted before packing.

5. Prices

5.1 Prices are in Australian dollars.

5.2 Where GST applies, prices are shown excluding GST.

5.3 Prices may change without notice.

5.4 Online order totals may be estimates only, especially for:

(a) Variable-weight Goods;

(b) Substitutions;

(d) Packaging charges;

(e) Special requests; and

(f) Card or payment processing charges.

6. Payment Terms

6.1 Unless we have approved a credit account, payment is due at the time of order, checkout, collection or before delivery.

6.2 We may accept payment by:

(a) Cash;

(b) EFTPOS;

(d) Credit card;

(e) Bank transfer;

(f) Online payment; or

(g) Any other method we approve

6.3 For approved wholesale, trade or account customers, payment is due within 7 days from invoice date, unless otherwise agreed in writing.

6.4 Payment is received only when cleared funds are received by us or when the payment is approved and not reversed, charged back or dishonoured.

7. Payments and Card Charges

7.1 We may use a third party to process online orders, invoices, payments, card payments, stored payment methods, payment links, receipts and refunds.

7.2 Payment may be processed by a supported payment provider, bank, card scheme or payment gateway.

7.3 You must comply with any payment instructions shown during checkout or payment.

7.4 We are not responsible for any delays, outages, declined payments, bank errors, card scheme issues or third party payment system issues, except to the extent required by law.

7.5 Any card surcharge or payment processing fee will be disclosed where required and will not exceed the amount permitted by Australian law.

8. Authority to Charge Credit Card or Payment Method

8.1 By giving us your credit card, debit card, bank account or other payment details, you authorise us and our payment provider to charge your nominated payment method for amounts payable to us.

8.2 This authority includes charges for:

(a) The original order amount;

(b) Substituted Goods;

(d) Extra Goods requested by you;

(e) Freight, courier or delivery charges;

(f) Packaging, cartons, bags, ice, insulation, trays or special handling;

(g) Special requests or custom orders;

(h) Card surcharges or payment processing fees;

(i) Unpaid invoices; and

(j) Other amounts payable under these Terms.

8.3 You acknowledge that the final amount charged may be different from the online estimate or original order total.

8.4 If the final amount is higher because of substitutions, variable weights, freight, packaging or special requests, you authorise us to charge the additional amount.

8.5 If the final amount is lower, we may refund the difference, issue a credit or adjust your account.

8.6 You confirm that you are authorised to use the payment method you provide.

8.7 If payment is declined, reversed, charged back or dishonoured, the amount remains payable and you must pay it by another approved method.

9. Late payment

9.1 If you do not pay by the due date, we may:

(a) Suspend supply;

(b) Refuse further orders;

(d) Require payment in advance;

(e) Withdraw credit terms;

(f) Charge interest at 1.25% per month, calculated daily; and

(g) Recover reasonable debt collection and legal costs.

10.Delivery

10.1 Delivery is available only to areas we service.

10.2 Delivery fees, freight charges, packaging charges and minimum order values may apply.

10.3 Delivery times are estimates only unless we agree otherwise in writing.

10.4 You must provide a correct delivery address and make sure access is available.

10.5 If delivery cannot be completed because of incorrect details, no access, no one available or unsafe conditions, we may:

(a) Charge a redelivery fee;

(b) Charge extra freight or waiting time;

(d) Leave the Goods if authorised;

(e) Cancel the delivery; and/or

(f) Charge you for Perishable Goods that cannot reasonably be resold.

11. Authority to Leave

11.1 You may authorise us to leave Goods unattended at the delivery address.

11.2 If you give authority to leave:

(a) Delivery is complete when the Goods are left;

(b) Risk in the Goods passes to you at that time; and

(c) We are not responsible for theft, damage, spoilage, contamination or temperature damage after delivery, except to the extent caused by us or required by law.

11.3 We may refuse to leave Goods unattended if we consider it unsafe or unsuitable, especially for chilled, frozen or Perishable Goods.

12. Collection

12.1 If Goods are ordered for collection, you must collect them at the agreed time and place.

12.2 Perishable Goods must be collected promptly.

12.3 If you do not collect Goods on time, we may charge you for the Goods and may dispose of Perishable Goods if they become unsuitable for sale or consumption.

12.4 You are responsible for safe transport, storage and refrigeration after collection.

13. Risk and Ownership

13.1 Risk in the Goods passes to you when:

(a) The Goods are delivered;

(b) The Goods are left under an authority to leave;

(d) Your courier or representative collects the Goods

13.2 Ownership of the Goods remain with us until all amounts owing to us are paid in full.

14.Inspection and Problems with Goods

14.1 You must inspect Goods as soon as possible after delivery or collection

14.2 For Goods and Perishable Goods, you must tell us about any issue within 24 hours of delivery or collection

14.3 When reporting an issue, please provide:

(a) The order or invoice number;

(b) Details of Goods affected;

(d) Details of how the Goods were stored after delivery or collection.

14.4 We reserve the right to:

(a) Inspect the Goods; and

(b) Refuse claims made outside reasonable timeframes.

15. Returns, Refunds and Credits

15.1 This clause applies subject to the Australian Consumer Law.

15.2 We do not provide refunds or accept returns for:

(a) Change of mind;

(b) Over-ordering;

(d) Late collection;

(e) Failure to receive delivery; or

(f) Incorrect storage or handling after delivery or collection

15.3 Perishable Goods may only be returned where they are defective, damaged, incorrectly supplied or otherwise fail to meet legal requirements.

15.4 We may refuse a refund, return or credit if the issue was caused by:

(a) Incorrect refrigeration, freezing or storage;

(b) Delay in collection or unpacking;

(d) Damage after risk passed to you;

(e) Use after the issue became apparent; or

(f) Failure to follow labels, use-by-dates, best-before dates or storage directions.

15.5 If we accept a valid claim, we may provide a replacement, credit or refund, as appropriate and as required by law.

15.6 Refunds will usually be processed using the original payment method where applicable.

16. Australian Consumer Law

16.1 Nothing in these Terms excludes, restricts or modifies any right or guarantee that cannot be excluded under the Australian Consumer Law.

16.2 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law.

16.3 Where required by law, you may be entitled to a replacement, refund, credit or compensation.

17. Food Safety and Allergens

17.1 We take reasonable care to supply Goods safely and in accordance with applicable food safety requirements.

17.2 Goods may be prepared, packed, stored or handled near allergens, including nuts, peanuts, gluten, dairy, eggs, soy, sesame, fish and shellfish.

17.3 Unless we confirm otherwise in writing, we do not guarantee that Goods are free from allergens or traces of allergens.

17.4 You must check labels, ingredients, use-by dates, best-before dates and storage instructions before using or consuming Goods.

17.5 After delivery or collection, you are responsible for safe storage, refrigeration, handling and use of the Goods.

17.6 Wholesale, hospitality, catering and trade customers are responsible for complying with their own food safety, labelling, allergen, storage and resale obligations.

18. Special Orders

18.1 Special orders include catering, platters, hampers, bulk orders, seasonal orders, specially sourced Goods, custom packaging and other non-standard requests.

18.2 We may require a deposit, prepayment or card pre-authorisation for special orders.

18.3 Extra charges may apply for special orders, including packaging, labour, freight, urgent supply, special sourcing and supplier charges.

18.4 Once preparation, packaging or sourcing has started, special orders cannot be cancelled unless required by law or agreed by us in writing.

19. Electronic Invoices and Receipts

19.1 We may issue invoices, tax invoices, receipts, credit notes, statements and payment confirmations electronically.

19.2 Electronic documents may be sent by email, SMS, online account, payment link or other electronic method.

19.3 You must provide correct billing and contact details.

20. Privacy and Payment information

20.1 We may collect and use customer information to process orders, deliver Goods, manage accounts, process payments, issue invoices and receipts, handle returns and comply with legal obligations.

20.2 If payment is made through a third party-supported provider, your information may be processed by banks, card schemes, payment gateways and other payment providers.

20.3 We do not store full card details unless this is done through a secure approved payment system.

21. Limitation of Liability

21.1 To the extent permitted by law, we are not liable for loss caused by:

(a) Incorrect information provided by you;

(b) Incorrect storage, refrigeration or handling after delivery or collection;

(d) Delivery delays outside our reasonable control;

(e) Bank, card provider or payment gateway issues; or

(f) Indirect or consequential loss.

21.2 Nothing in these Terms limits liability that cannot be limited by law.

22. Events Outside Our Control

22.1 We are not responsible for delay or failure to supply Goods caused by events outside our reasonable control including supplier shortages, transport delays, extreme weather, power outages, internet outages, system failures, payment gateway issues, government action or market disruption.

22.2 If this occurs, we may delay supply, offer substitutes, cancel the affected order or refund amounts paid for Goods not supplied.

23. Changes to These Terms

23.1 We may update these Terms from time to time.

23.2 The Terms that apply to an order are the Terms in place when the order is accepted.

24. Governing Law

24.1 These Terms are governed by the laws of Victoria, Australia.

24.2 The parties submit to the non-exclusive jurisdiction of the courts of Victoria.

25. Severance

If any part of these Terms or any related document is or becomes void or unenforceable, that part is severed so that all parts which are not void or unenforceable remain in full force and effect and are unaffected by the severance.

26. Personal Property Securities Act 2009 (PPSA)

26.1 In this clause, PPSA means the Personal Property Securities Act 2009 (Cth) and PPSR means the Personal Property Securities Register. Terms used in this clause that are defined in the PPSA have the same meaning as in the PPSA.

26.2 You acknowledge and agree that these Terms create a security interest in our favour in the Goods we supply to you, and in any proceeds of those Goods, to secure payment of all amounts you owe us.

26.3 You consent to us registering, maintaining, amending or renewing any security interest created under these Terms on the PPSR. You must do anything we reasonably require to enable us to register, maintain, enforce or protect that security interest.

26.4 Ownership of the Goods remain with us until you have paid all amounts owing to us in full. Until ownership passes to you, you hold the Goods on our behalf and must not sell, dispose of, charge, encumber or otherwise deal with the Goods except in the ordinary course of your business.

26.5 If you sell the Goods before paying us in full, you do so as a principal and not as our agent. Our security interest continues in the proceeds of sale to the extent permitted by law.

26.6 If you fail to pay any amount when due, or if we reasonably believe our security interest is at risk, we may, to the extent permitted by law, enter any premises where the Goods are located to inspect, recover, remove or resell the Goods.

26.7 To the extent permitted by law, you waive any right to receive a verification statement, financing change statement, or other notice from us in relation to any registration, amendment, renewal or enforcement of our security interest under the PPSA.

26.8 To the extent permitted by law, sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA do not apply.

26.9 You must notify us immediately if your name, ABN, CAN, address, business structure or ownership changes, or if any other information relevant to our PPSR registration changes.

26.10This clause continues until all amounts owing to us have been paid in full.

27. Privacy and Credit Information

27.1 You authorise us to collect, use and disclose the information provided in this Application for the purpose of assessing this Application, opening and managing any account, supplying Goods, administering payments, recovering amounts owing, and enforcing these Terms.

27.2 You authorise us to make enquiries about you, the Applicant, and any directors, owners, partners or authorised representatives named in this Application. This may include contacting trade references, suppliers, credit reporting bodies, credit insurers, debt collection agencies, banks, professional advisers, government registers and other relevant third parties.

27.3 You authorise those parties to provide us with information reasonably required to assess this Application, manage credit risk, verify identity, confirm business details, review payment history, recover overdue amounts, and enforce our rights.

27.4 You authorise us to obtain and use commercial credit information, credit reports, trade references, public register information and other relevant information for those purposes.

27.5 You authorise us to disclose information about the Applicant and the conduct of the account to credit reporting bodies, credit insurers, debt collection agencies, trade references, professional advisers and other relevant third parties, including information about overdue amounts, defaults, payment history and account conduct, to the extent permitted by law.

27.6 If you provide personal information about another person, including a director, owner, partner, employee or authorised representative, you confirm that you are authorised to provide that information and that the person has been made aware of this clause.

27.7 If any information provided to us changes, you must notify us immediately.

28. Credit Limit and Account Review

28.1 If we approve a credit account, we may set a credit limit and payment terms for that account.

28.2 We may review, vary, reduce, suspend or withdraw any credit limit or payment terms at any time. We are not required to supply Goods on credit if your account is overdue, exceeds its credit limit, or if we reasonably consider there is a credit risk.

28.3 Approval of a credit account does not oblige us to accept any order or continue supplying Goods on credit.

29. Disputed Invoices

29.1 If you dispute an invoice, you must notify us promptly and provide details of the dispute.

29.2 You must pay any undisputed part of the invoice by the due date. Raising a dispute does not allow you to withhold payment of other invoices or amounts that are not genuinely disputed.

30. Authority to Sign and Use Account

Each person signing this Application warrants that they are authorised to sign this Application on behalf of the Applicant and to bind the Applicant to these Terms.

If the Applicant is a company, trust, partnership or other entity, the person signing confirms that the Applicant has authorised them to submit this Application, provide the information contained in it, apply for credit, place orders, and accept these Terms on the Applicant’s behalf.

You are responsible for all orders placed using your account, customer number, login details, email address, phone number, or by any person who appears to us to be authorised to place orders on your behalf.

You must notify us immediately if any authorised person leaves your business, if your account details change, or if you believe your account or login details have been misused.

31. Customer Acknowledgment

By placing an order, using our online ordering system, providing payment details, accepting delivery, collecting Goods or making payment, you acknowledge and agree that:

(a) You accept these Terms;

(b) You authorise us to charge your nominated payment method as set out in these Terms;

(c) The final amount charged may vary because of substitutions, variable-weight Goods, freight, packaging or special requests; and

(d) You are responsible for safe storage and handling after delivery or collection.

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Terms and Conditions of Sale