Terms of Use
Effective Date: 7 April 2026
1. Introduction
These Terms and Conditions ("Terms") govern your use of the website operated by The Community Basket (ABN: 18790859147) ("we", "us", "our") and the purchase of products through our website. By accessing our website or placing an order, you agree to be bound by these Terms.
Please read these Terms carefully before using our website. If you do not agree to these Terms, you must not use our website or purchase from us.
These Terms are governed by the laws of New South Wales Australia. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of that state or territory.
We may update these Terms from time to time by posting the revised version on our website. Your continued use of the website after any changes are posted constitutes your acceptance of the updated Terms.
2. Eligibility
By using our website, you represent and warrant that:
• You are at least 18 years of age, or are accessing the website under the supervision of a parent or guardian;
• You have the legal capacity to enter into a binding agreement; and
• You are located in Australia or an area to which we deliver.
If you are under 18 years of age, you must obtain your parent or guardian's consent before accessing, using, or placing an order through our website.
3. Account Registration
You may be required to register an account before placing an order. When registering, you must provide accurate, current, and complete information. If your details change after registration, you must update your account before placing further orders.
You are solely responsible for all activity that occurs under your account, including orders placed by any person using your login credentials. You agree to:
• Keep your username and password confidential;
• Not share your login details with any other person;
• Sign out of your account after each session, particularly on shared or public devices; and
• Notify us immediately if you become aware that your account credentials have been compromised or that any unauthorised person has accessed your account.
We reserve the right to suspend or terminate your account if we reasonably believe your credentials have been misused or these Terms have been breached.
4. Products
4.1 Product Descriptions
We make every effort to accurately describe our fruit and vegetable products, including images and descriptions. However, as fresh produce is a natural product, the actual appearance, size, and weight of items may vary slightly from what is shown on our website.
We do not warrant that product descriptions or other content on our website are accurate, complete, or error-free.
4.2 Weight-Ranged Products
Some products (including certain fruits, vegetables, and other fresh produce) are sold by weight. For these items, the price shown at checkout is an estimate based on the quantity you select. We will endeavour to pick as close as possible to the amount ordered, but the actual weight picked and charged may be slightly higher or lower due to natural variation in unit size. The final price for weight-ranged products will be determined at the time your order is picked, based on the actual weight of items supplied.
4.3 Availability and Substitutions
All products are subject to availability. If a product you have ordered is out of stock or temporarily unavailable, we may at our discretion provide a substitute product. Where a substitute product has a different price to the original, you will be charged the price of the substitute product supplied. We cannot guarantee that a substitution will always be available.
4.4 Pricing
All prices are displayed in Australian Dollars (AUD) and include GST where applicable. A tax invoice will be issued to you upon completion of your purchase. Prices are subject to change without notice, but any change will not affect orders that have already been confirmed.
We reserve the right to correct any pricing errors caused by human or system error. If a correction results in an increase in the price of your order, we will contact you to confirm you wish to proceed at the amended price, or we will cancel your order and issue a full refund.
Delivery fees (if applicable) will be clearly displayed before you complete your purchase.
4.5 Specials and Promotions
From time to time, we may offer discounted pricing or promotional offers on selected products. Discounted prices will only apply to orders placed during the published promotional period. If you add a promotional item to your cart before the end of a special offer but do not complete your order until after the end date, the promotional price may no longer be available and the standard price will apply.
4.6 Minimum Order Value
A minimum order value may apply to orders placed through our website. Where a minimum order applies, it will be displayed during checkout and will exclude any delivery or other fees.
5. Placing Orders
5.1 Order Process
When you place an order through our website, you are making an offer to purchase the selected products at the prices displayed. We will send you an order confirmation email acknowledging receipt of your order. A binding contract is formed when we confirm your order is accepted and/or dispatch your goods.
We reserve the right to refuse or cancel any order at our discretion, including in cases of pricing errors, stock unavailability, or suspected fraudulent activity. If we cancel your order, you will receive a full refund.
5.2 Order Changes and Cancellations
Once your order has been confirmed, we may not be able to modify or cancel it as it may already be in preparation. If you wish to change or cancel your order, please contact us as soon as possible at hello@thecommunitybasket.com.au and we will do our best to assist. We reserve the right to charge a cancellation fee where your order has already been picked or dispatched.
6. Payment
Payment is required at the time of placing your order. We accept the following payment methods:
• Visa, Mastercard, Cash
All payments are processed securely through our third-party payment provider. We do not store your full card number or CVV on our systems. For some payment methods, we may pre-authorise the estimated amount payable for your order and charge the final amount (which may be adjusted to reflect the actual weight of weight-ranged items or any out-of-stock substitutions) once your order has been picked.
If your selected payment method cannot be processed, we will notify you and your order may be cancelled. If we have taken payment for an order that is later cancelled in whole or in part, we will issue a refund for the cancelled portion.
7. Delivery
7.1 Delivery Areas
We currently deliver to postcodes in the Sutherland Shire. If your address is outside our delivery area, you will be notified before completing your order.
7.2 Delivery Timeframes
Estimated delivery timeframes will be displayed during checkout. While we make every effort to deliver within the stated timeframe, delivery times are estimates only and are not guaranteed. Delays may occur due to circumstances beyond our control. We are not liable for any loss or inconvenience caused by late delivery.
7.3 Accepting Delivery
You, or a person representing you, must be present at the delivery address to accept your order during the selected delivery window. The person accepting delivery may be required to provide proof of identity. We may also offer a contactless delivery service where your order is left at your front door and a photo is taken as proof of delivery — in this case, you or a representative must still be present at the address to collect your order promptly.
We are not responsible for any loss or damage to your order after delivery has been completed.
7.4 Failed Deliveries
If no one is available to accept your order during the selected delivery window, or if we are unable to access the delivery address, your order may not be delivered. In these circumstances, we reserve the right to charge a cancellation fee of up to $20 and to charge you for the cost of any perishable products in your order that cannot be restocked. A redelivery fee may also apply if you request redelivery.
7.5 Delivery Instructions
You are responsible for providing accurate delivery address and instructions at checkout. If products are left unattended at your direction, we are not responsible for any deterioration in quality after delivery.
7.6 Risk of Loss
Risk in the products passes to you upon delivery. Once your order has been delivered to the nominated address, you are solely responsible for any loss, damage, or deterioration of the products.
7.7 Storage Responsibility
Due to the perishable nature of our products, you must ensure that all items are refrigerated or stored appropriately immediately upon delivery. We are not responsible for any spoilage, deterioration, or loss arising from a failure to store products correctly after delivery.
8. Click & Collect
Where a click & collect service is offered, the following terms apply:
• Your order will be available for collection during the allocated time period selected at checkout.
• You, or a person you have notified us as representing you, must collect the order within the allocated time period and provide proof of identity upon collection.
• If your order is not collected within the allocated time period, a repacking and storage fee of $20 will be added to your order total.
• We reserve the right to cancel uncollected orders after a reasonable period, and perishable items that cannot be restocked may be charged to you.
Due to the perishable nature of our products, we strongly encourage you to collect your order promptly within your selected time slot to ensure the best quality.
9. Returns, Refunds and Replacements
Your satisfaction is important to us. We comply with our obligations under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
9.1 Damaged, Missing or Incorrect Products
If you receive products that are damaged, spoiled, missing, or incorrect, please contact us within 24 hours of delivery at hello@thecommunitybasket.com.au To assess your claim, we may require you to provide a photograph of the affected products and retain them until your claim has been processed. We will offer a replacement, store credit, or refund as appropriate.
9.2 Change of Mind
As our products are perishable fresh produce, we are unable to accept returns for change of mind. Please choose carefully before placing your order.
9.3 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law, including consumer guarantees. 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 compensation for any other reasonably foreseeable loss or damage.
10. Intellectual Property
All content on our website, including text, images, logos, graphics, button icons, website layout, and software, is owned by or licensed to The Community Basket and is protected by the Copyright Act 1968 (Cth) and other applicable Australian and international laws. Brands, names, and logos displayed on our website may be registered trademarks protected under the Trade Marks Act 1995 (Cth).
You may access, display, and print portions of our website for your personal, non-commercial use only, provided you do not modify the content or remove any copyright or trademark notices. Any other use of material on our website — including reproduction, modification, distribution, or republication — is strictly prohibited without our prior written consent.
11. Acceptable Use of Our Website
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others. You must not:
• Upload or transmit any viruses, worms, trojans, or other malicious code designed to interfere with or disrupt the operation of our website or any connected systems;
• Use any device, software, or routine to interfere with or attempt to interfere with the proper working of our website;
• Attempt to gain unauthorised access to any part of our website, its servers, or any systems connected to it;
• Post or transmit any content that is abusive, defamatory, obscene, or contrary to law or to the rights of any person;
• Impersonate or misappropriate the identity of another person; or
• Use automated tools to scrape, crawl, or copy content from our website without our consent.
We reserve the right to block, remove, or delete any content that we determine breaches these requirements, and to suspend or terminate your access to our website. Use of our website in contravention of these Terms may result in you being banned from the site and may expose you to liability for breach of contract or applicable law.
12. Website Disclaimer
Information on our website may change from time to time. We do not warrant that the content of our website is accurate, complete, current, or free from errors. We assume no responsibility for updating the website to keep information current or for correcting inaccuracies.
We do not represent or warrant that our website will be uninterrupted, error-free, or secure, that defects will be corrected, or that our website or its servers are free from viruses or other harmful components. You are responsible for protecting your own devices from malicious software, viruses, and other destructive content when accessing our website.
Our website may contain general information, including in relation to nutrition or health. Any such information is of a general nature only and should not be relied upon as applying to your specific situation. You should seek specialist advice where appropriate.
13. Limitation of Liability
To the maximum extent permitted by law, The Community Basket is not liable for any indirect, incidental, special, or consequential loss or damage arising out of your use of our website or the purchase of our products, including but not limited to loss of income, loss of profits, or loss of data.
Our total liability to you for any claim arising from your use of our website or purchase of products shall not exceed the amount you paid for the relevant order.
Nothing in these Terms limits any rights you may have under the Australian Consumer Law.
14. Indemnity
You agree to indemnify, defend, and hold harmless The Community Basket and its officers, employees, agents, contractors, and suppliers from and against all losses, expenses, claims, liabilities, and damages of any kind arising out of or in connection with:
• Any breach of these Terms by you; or
• Any use of our website or your account by you or any other person using your login credentials.
15. Privacy
We collect and handle your personal information in accordance with our Privacy Policy, which forms part of these Terms and is available on our website. By using our website, you consent to the collection and use of your information as described in our Privacy Policy.
16. Third-Party Links
Our website may contain links to third-party websites. These links are provided for convenience only. We do not endorse, control, or take responsibility for the content, accuracy, or practices of any third-party websites, nor for any goods or services offered through them. Your use of third-party websites is at your own risk and subject to the terms of those websites.
17. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices or legal requirements. The updated Terms will be posted on our website with a revised effective date. Your continued use of our website after any changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
18. Force Majeure
We will not be liable for any delay in or failure to perform our obligations under these Terms where such delay or failure arises from any cause beyond our reasonable control. This includes, but is not limited to:
• Severe or unusual weather conditions;
• Natural disasters or acts of God;
• Supply chain disruptions or shortages of goods;
• Transport or logistics failures;
• Industrial action or strikes;
• Government restrictions, pandemics, or public health emergencies; or
• Power outages or failures of telecommunications or internet infrastructure.
In the event of a force majeure, we will notify you as soon as reasonably practicable and make every reasonable effort to fulfil your order or arrange an alternative. Where fulfilment is not possible, you will be offered a full refund for any undelivered items.
19. Contact Us
If you have any questions about these Terms, please contact us at:
The Community Basket
ABN: 18 790 859 147
Email: hello@thecommunitybasket.com.au
Phone: +61 0468744755
Address: 2/59 Kingsgrove Road, Engadine 2233 NSW
Website: thecommunitybasket.com.au
These Terms and Conditions were prepared in accordance with Australian Consumer Law and the laws of Australia.
