These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Banana Passion (ABN 59 091 705 034) (“Banana Passion”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from bananapassion.com.au. By placing an order for Goods from Banana Passion you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
2.1 Prices for Goods are as shown on the Website.
2.2 Banana Passion reserves the right to change the prices of Goods at any time without notice to you.
2.3 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart. Banana Passion only delivers to addresses within Australia.
2.5 By placing an Order you agree to pay:
2.6 All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.
3.1 If you do not already have an Account you will need to create one before placing an Order. An Account may be a “guest” account.
3.2 You may not set up an Account for someone else.
3.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Banana Passion your Account is complete, true and accurate.
3.4 You must notify Banana Passion immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
3.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Banana Passion will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Banana Passion, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
3.6 If Banana Passion suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Banana Passion then you must pay Banana Passion the amount of that loss, damage, cost or expense if Banana Passion asks you to.
4.1 You can place an Order by following the instructions on the Website.
4.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. Banana Passion may accept or reject your offer at its absolute discretion. In particular, but without limitation, Banana Passion may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods, please contact us.
4.3 Each Order that you place will, if accepted by Banana Passion, be a separate and binding agreement between you and Banana Passion for the supply of the relevant Goods, following these Terms and Conditions.
4.4 Please ensure that you enter all information carefully when placing an Order. You warrant to Banana Passion that all information provided by you with each Order is complete, true and accurate.
4.5 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Banana Passion. Banana Passion will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
4.6 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Banana Passion will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Banana Passion, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.7 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. Banana Passion will use reasonable endeavours to consolidate separate Orders into one delivery if requested but makes no representation that it will be able to do this.
4.8 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases, Goods may be dispatched separately.
4.10 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
4.11 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
4.12 You must take precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
4.13 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Banana Passion will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 4.12 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.1 When you submit an Order you will receive an Order reference number via e-mail.
5.2 Banana Passion uses Square and Paypal to process payments. These are a secured payment processing systems and payments are processed shortly after you place your Order.
5.3 Banana Passion does not store payment details as these are processed by third parties with robust security features and their own privacy policies. Please consider Square’s privacy policy.
5.4 Square will process the payment for your Order when, or shortly after, you place your Order. Your Order is deemed to be accepted by Banana Passion when Banana Passion does this, however, Banana Passion may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. If Banana Passion cancels your Order having already processed payment, it will refund payment in accordance with section 10.
5.5 When Banana Passion accepts an Order it represents an agreement by Banana Passion to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
5.6 You must pay for Goods by credit card, certain prepaid payment cards, PayPal account or by Banana Passion Gift Card or eVoucher. If the name on the credit card/payment card/account does not match the name on the Order, Banana Passion may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card, you authorise Banana Passion to deduct the price and the applicable delivery and other charge(s) from the card.
5.7 Banana Passion reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
5.8 Banana Passion may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Banana Passion reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
5.9 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you.
6.1 Banana Passion reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Banana Passion may do this for example, but without limitation, where: (a) Banana Passion’s suppliers are unable to supply Goods that they have previously promised to supply:
6.2 You may cancel your Order where Banana Passion has breached a material term of this Agreement;
6.3 Where Banana Passion cancels your Order after acceptance, it will notify you of cancellation.
6.4 In the event of Banana Passion or you cancelling your Order after payment has been processed, Banana Passion will refund any money paid in respect of that Order. Section 10 of these Terms and Conditions sets out further information about refunds.
6.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Banana Passion will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7.1 As Banana Passion is dependent upon its suppliers to provide stock, Banana Passion cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Banana Passion reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Banana Passion will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
8.2 Goods will only be delivered to addresses within Australia.
8.3 All orders ship for a flat rate of $7.50 in Australia. We are currently only operating in Australia and are ship to a limited number of countries such as the USA and Canada.
8.4 Following the dispatch of your Goods, Banana Passion will email you with confirmation of dispatch and an invoice for your Order.
8.5 If you require Goods that you have ordered to be re-directed to an address that is not the original Order address, Banana Passion may charge you a reasonable fee for doing this.
8.6 Banana Passion seeks to ensure dispatch of your Goods occurs within 24 to 48 hours of your Order being processed. However, in some cases, it may take longer. Banana Passion will notify you of unusual delays in dispatching your Goods.
9.1 You agree and acknowledge that:
10.1 Where Banana Passion is obliged to refund your payment under these Terms and Conditions, Banana Passion aims to initiate your refund within 5 business days (Monday – Friday 9 a.m to 5 p.m Sydney time). The additional time that it takes for you to receive your refund will depend upon how quickly your financial institution processes the refund.
10.2 Refunds will only be made in Australian dollars.
10.3 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Banana Passion will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
11.1 You should check your Goods as soon as they are delivered to you in order to ensure that:
11.2 If you have a problem with any Goods or otherwise wish to return them, please contact us via info@bananapassion.com.au. Once contacted, we will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods, with which you must comply. We will not accept the return of a product without our prior approval. The Goods must be returned within 7 calendar days from the approved date, and Banana Passion endeavours to resolve refunds or other outstanding issues within 5 business days.
11.3 When returning Goods:
11.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
11.5 We only accept products that have not been opened or used or damaged and are in their original packaging. We don’t refund or exchange products that are packaged in unsealed containers, as this doesn’t allow us to be sure that the product hasn’t been opened and compromises product integrity.
11.6 We do not accept returns or offer exchange of Goods on sale items.
11.7 For returns due to a defect or fault with the product, we will refund any shipping charges incurred as part of the initial transaction and those incurred in your return of the Goods. For returns due to a change of mind (be it because of perceived unsuitability to you, or dislike of minor variations in product appearance, etc.), we cannot refund shipping costs and processing charges.
12.1 To the full extent permitted at law, Banana Passion is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
13.1 Banana Passion uses a third party to solicit product reviews after orders have been fulfilled. This third party is Customer Reviews Ltd, located in London, UK. If desired, please consider their terms & conditions. You agree and acknowledge that:
14.1 Banana Passion reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
14.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.