Terms of service

Welcome to Homegrown Collective.

These Terms & Conditions ("Terms") apply when you access or use the Homegrown Collective website, purchase products from us online or otherwise use our online services.

Throughout these Terms, "Homegrown Collective", "we", "us" and "our" refer to Homegrown Collective.

Our online store is powered by Shopify, which provides the ecommerce platform that allows us to offer our products and services online.

By using our website or purchasing from us, you agree to these Terms together with the policies referenced below.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other law that cannot lawfully be excluded.

1. ABOUT HOMEGROWN COLLECTIVE

Homegrown Collective
ABN: 27 713 164 004

52 Commercial Street East
Mount Gambier SA 5290
Australia

Email: hello@homegrowncollective.au
Phone: 0494 664 440

Homegrown Collective operates a physical retail store and online store from Mount Gambier, South Australia.

2. USING OUR WEBSITE

You may use our website for lawful personal and shopping purposes.

When using our website, you must not:

• Use the website for unlawful or fraudulent purposes.
• Attempt to gain unauthorised access to our website, systems or customer accounts.
• Introduce viruses, malicious code or other harmful technology.
• Interfere with the operation or security of the website.
• Collect personal information about other users without lawful authority.
• Use our website in a way that infringes another person's rights.
• Misrepresent your identity.
• Use our website to harass, threaten or harm another person.

We may restrict or suspend access to our website where reasonably necessary to protect our business, customers, systems or other users.

3. CUSTOMER ACCOUNTS

You may be able to create a customer account through our online store.

You are responsible for:

• Providing accurate information.
• Keeping your account information current.
• Maintaining the security of your account credentials.
• Letting us know if you believe your account has been accessed without permission.

You must not knowingly provide false or misleading information.

4. PRODUCTS

We make reasonable efforts to accurately describe and display our products.

However, product colours and appearance may vary slightly because of:

• Your screen or device settings.
• Photography and lighting.
• Natural variations in materials.
• Manufacturing variations.

Measurements and dimensions may also be approximate unless expressly stated otherwise.

Nothing in this section limits your rights where a product fails to comply with an applicable consumer guarantee.

5. PRODUCT AVAILABILITY

All products are subject to availability.

Occasionally, an item may become unavailable after an order has been placed because of:

• Stock discrepancies.
• Simultaneous online and in-store purchases.
• Supplier availability.
• Damage discovered during fulfilment.
• Another genuine stock issue.

If we cannot supply a product you have ordered, we will contact you and arrange an appropriate solution, which may include a refund for the unavailable item.

We may change or discontinue products at any time.

6. PLACING AN ORDER

When you place an order through our website, you are offering to purchase the selected products at the price displayed at checkout.

After successfully placing an order, you should receive an order confirmation.

Homegrown Collective may decline or cancel an order where reasonably necessary, including because of:

• Product unavailability.
• An obvious pricing or listing error.
• Payment failure.
• Suspected fraudulent activity.
• Delivery restrictions.
• Another legitimate reason.

If we cancel an order after payment has been received, we will provide an appropriate refund for the cancelled products.

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7. CHECKING YOUR ORDER

Please carefully check your order before submitting it.

You are responsible for providing accurate:

• Contact information.
• Delivery address.
• Billing information.
• Product selections.
• Sizes, colours and quantities.

If you notice an error after placing your order, contact us as soon as possible.

We will do our best to assist, but we cannot guarantee that changes or cancellations can be made once processing has commenced.

8. PRICES

Unless otherwise stated:

• All prices displayed on our Australian website are in Australian Dollars (AUD).
• Prices include GST where applicable.
• Delivery charges are additional unless expressly stated otherwise.
• Applicable delivery charges will be displayed at checkout.

We may change product prices from time to time.

Price changes will not ordinarily affect an order that has already been accepted, except where there has been an obvious pricing error or as otherwise permitted by law.

9. PRICING & WEBSITE ERRORS

We make reasonable efforts to ensure product descriptions, prices, promotions and other website information are accurate.

Occasionally, genuine:

• Typographical errors.
• Pricing errors.
• Product-description errors.
• Stock discrepancies.
• Technical errors.

may occur.

We may correct inaccurate information when an error is identified.

Where an obvious error affects an order, we may contact you before fulfilling the order to explain the issue and provide appropriate options.

Nothing in this section limits your rights under Australian Consumer Law.

10. PAYMENTS

Payment must be made using one of the payment methods available at checkout.

Payments may be processed through Shopify Payments and/or other payment providers available through our store.

By submitting payment information, you confirm that you are authorised to use the selected payment method.

Payment and personal information is handled in accordance with our Privacy Policy and the applicable payment provider's privacy and security practices.

11. PROMOTIONS & DISCOUNTS

Homegrown Collective may occasionally offer:

• Sales.
• Discount codes.
• Promotional offers.
• Free shipping.
• Free local delivery.
• Competitions.
• Special offers.

Promotions may be subject to additional conditions.

Unless otherwise stated:

• Promotional offers apply only during the stated promotional period.
• Discounts cannot be exchanged for cash.
• Discounts may not be combined with other offers.
• Product exclusions may apply.

We may correct or cancel a promotion where there has been an obvious error, subject to applicable law.

12. GIFT CARDS

Homegrown Collective may offer gift cards.

Gift cards:

• May be used for eligible Homegrown Collective purchases.
• Cannot generally be redeemed for cash except where required by law.
• Should be treated like cash and kept secure.
• Are subject to any conditions disclosed when purchased.

Any expiry date or other conditions will comply with applicable Australian requirements.

13. SHIPPING

Homegrown Collective currently ships within Australia only.

Our current shipping options include:

Australia Post Standard Shipping — $10

Australia Post Express Post — $15

Processing times, delivery information, tracking and procedures for delayed, missing or damaged parcels are explained in our Shipping, Click & Collect & Local Delivery Policy.

Delivery timeframes provided by delivery carriers are estimates unless expressly stated otherwise.

14. CLICK & COLLECT

Homegrown Collective offers FREE Click & Collect from:

Homegrown Collective
52 Commercial Street East
Mount Gambier SA 5290

Customers should wait until they receive confirmation that their order is ready for collection before attending the store.

Full conditions are available in our Shipping, Click & Collect & Local Delivery Policy.

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15. LOCAL DELIVERY

Homegrown Collective offers local delivery to eligible addresses within approximately 10 km of our Mount Gambier store.

Our current local delivery charges are:

Orders over $30 — FREE Local Delivery

Orders $30 and under — $5 Local Delivery

Eligibility is determined by the delivery address entered at checkout.

Full delivery conditions and timeframes are available in our Shipping, Click & Collect & Local Delivery Policy.

16. PRE-ORDERS

Products identified as pre-order are not available for immediate dispatch, collection or delivery.

Any expected arrival date is an estimate unless expressly stated otherwise.

Supplier, manufacturing or freight delays may affect expected arrival dates.

If an order contains both available and pre-order products, the order may be held until all products are available unless otherwise stated or arranged.

Further information is available in our Shipping, Click & Collect & Local Delivery Policy.

17. RETURNS, EXCHANGES & REFUNDS

Returns, exchanges, change-of-mind requests and faulty products are handled according to our Returns, Exchanges & Refund Policy.

Homegrown Collective's voluntary change-of-mind policy operates in addition to your rights under Australian Consumer Law.

Nothing in our Returns Policy or these Terms excludes consumer rights that cannot lawfully be excluded.

18. AUSTRALIAN CONSUMER LAW

Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

Depending on the circumstances, where a product fails to meet an applicable consumer guarantee, you may be entitled to a remedy such as:

• Repair.
• Replacement.
• Refund.
• Another remedy available under law.

Manufacturer warranties are in addition to, and do not replace, rights that may exist under Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded.

19. THIRD-PARTY SERVICES & LINKS

Our website may contain links to or use services provided by third parties.

These may include:

• Shopify.
• Payment providers.
• Australia Post and other delivery providers.
• Social media platforms.
• Analytics services.
• Marketing services.
• Other technology providers.

Third-party websites and services may be governed by their own terms and privacy policies.

Homegrown Collective is not responsible for websites operated independently by third parties.

20. SHOPIFY

Our online store is powered by Shopify.

Shopify provides the ecommerce platform and technology that allows Homegrown Collective to operate our online store.

Purchases made through the Homegrown Collective online store are transactions between you and Homegrown Collective.

Shopify may process certain information when you access or use our online store.

Further information about the handling of personal information is available in our Privacy Policy and Shopify's applicable privacy information.

21. PRIVACY

Homegrown Collective handles personal information in accordance with our Privacy Policy.

Our Privacy Policy explains how we collect, use, store and disclose personal information, including information relating to:

• Online orders.
• Customer accounts.
• Shopify.
• Payments.
• Marketing.
• Cookies and analytics.
• Access and correction.
• Privacy enquiries and complaints.

22. INTELLECTUAL PROPERTY

Unless otherwise stated, content created or owned by Homegrown Collective on our website, including our:

• Business name and branding.
• Logos.
• Original photographs.
• Graphics.
• Website copy.
• Designs.
• Other original content.

is owned by or licensed to Homegrown Collective and may be protected by applicable intellectual property laws.

Third-party brands, trademarks, product photographs and other third-party materials remain the property of their respective owners.

You may use our website for normal personal shopping purposes.

You must not reproduce, republish, commercially exploit or materially modify Homegrown Collective-owned website content without permission, except where permitted by law.

23. REVIEWS & CUSTOMER CONTENT

If you submit a product review, photograph, comment or other content to Homegrown Collective, you confirm that:

• You have the right to submit it.
• It does not unlawfully infringe another person's rights.
• It is not knowingly false or misleading.
• It does not contain unlawful, abusive or malicious material.

Where you provide content for publication, you give Homegrown Collective permission to use and display that content in connection with our business and marketing, subject to applicable law and privacy requirements.

We may moderate or remove customer content where reasonably necessary.

24. WEBSITE AVAILABILITY

We aim to keep our website available and functioning properly.

However, uninterrupted access cannot be guaranteed.

The website may occasionally be unavailable because of:

• Maintenance.
• Technical problems.
• Shopify or other service-provider interruptions.
• Security issues.
• Circumstances outside our reasonable control.

We may modify, suspend or discontinue website functionality where reasonably necessary.

25. LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, liability, right or remedy that cannot lawfully be excluded under Australian law.

To the extent permitted by law, Homegrown Collective is not responsible for loss caused solely by circumstances outside our reasonable control where we have otherwise complied with our legal obligations.

Nothing in these Terms is intended to limit liability where doing so would be unlawful.

26. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to:

• Our business.
• Our website.
• Our services.
• Our policies.
• Applicable legal requirements.

The current version will be published on our website and the Last Updated date will be changed accordingly.

Updated Terms will apply from the date stated, subject to applicable law.

27. GOVERNING LAW

These Terms are governed by the laws applicable in South Australia, Australia, together with applicable Commonwealth laws of Australia.

Nothing in these Terms limits any rights a consumer may have under applicable consumer legislation.

28. RELATED POLICIES

These Terms should be read together with our:

Privacy Policy

Information about how Homegrown Collective handles personal information.

Returns, Exchanges & Refund Policy

Information about change-of-mind returns, exchanges, faulty products and refunds.

Shipping, Click & Collect & Local Delivery Policy

Information about Australia-wide shipping, FREE Click & Collect and local delivery.

Where applicable, additional promotional or product-specific conditions may also apply.

29. CONTACT HOMEGROWN COLLECTIVE

If you have questions about these Terms, your order or our website, please contact us:

Homegrown Collective

ABN: 27 713 164 004

Address:
52 Commercial Street East
Mount Gambier SA 5290
Australia

Email: hello@homegrowncollective.au

Phone: 0494 664 440