TERMS AND CONDITIONS

 About the Website

Welcome to Prime Bazaar – An Easy Way of Grocery Shopping, that is cherished by Sydney families. This Website allow you to browse through and purchase various products that have been listed for sale. The Website is operated by The Indian Grocer Pty Ltd trading as Prime Bazaar.

Acceptance of the Terms

Please read these terms and conditions (Sales Agreement) carefully.

This Sale Agreement is a legal contract between the Customer and “Prime Bazaar”. References to “you” or “your” shall relate to the Customer and references to “Prime Bazaar” shall relate to The Indian Grocer Pty Ltd.

By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Prime Bazaar in the user interface.

Prime Bazaar reserves the right to review and change any terms of the Sales Agreement by updating this page at its sole discretion. When Prime Bazaar updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Important information

This Sale Agreement constitutes the entire agreement between the Customer and Prime Bazaar relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Prime Bazaar. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Prime Bazaar at the address on the website.

In the event of any conflict between the terms and conditions stated on any purchase order, if any and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Legal Capacity

The law states that a minor cannot enter into contracts. By making an on-line purchase the Customer accepts these terms & conditions and acknowledges to be over the age of eighteen (18) years and enters into a legal contract with Prime Bazaar.

Should Prime Bazaar suffer any loss or damage, as a result of a transaction entered into by a minor, Prime Bazaar reserves the right to seek compensation and legal action for such losses from the parents or guardians of the minor who caused the order to be placed.

 Governing Law

This agreement and any sales hereunder shall be governed by the laws of the State of New South Wales. The customer consents to the jurisdiction of any court of competent jurisdiction for purposes of any suit, action or proceeding arising out of this sale agreement.

 Title and Risk of Loss

Title to goods herein being purchased passes to the purchaser upon delivery of the goods, unless otherwise specified or the payment for the goods is unsuccessful for any reason. Loss or damage that occurs during shipping by a carrier selected by Prime Bazaar is Prime Bazaar's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.

Export Sales

If goods herein are being purchased for purposes of export, it is Customer’s responsibility to full fill federal government’s regulations before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary or even be null and void for goods exported outside the Australia.

General Disclaimer

You acknowledge that Prime Bazaar does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the products other than provided for pursuant to these Terms.

Prime Bazaar will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded.

Prime Bazaar will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Subject to local applicable laws, Prime Bazaar reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Prime Bazaar’s name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Prime Bazaar   have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify Prime Bazaar, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

Dispute Resolution

Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party to the Terms claiming a dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution

On receipt of that notice by that other party, the parties to the Terms must:

Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association;

Conflict Resolution Service or his or her nominee;

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

The mediation will be held in New South Wales, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Purchase Services offered by Prime Bazaar is intended to be viewed by residents of Sydney Metro. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Promotions

You are entitled for exclusive offers and sales via email and phone once you checkout from our portal. You can any time opt it out.

Order & Delivery

For the orders with online payment, the person with name on the payment card, must be present to receive the delivery. The customer will be asked to present valid ID and the signature on the back of the card must match on the delivery docket. If any of this requirements does not meet, we retain the right to cancel the order and it will attract $25 cancellation fees.

If you wish to cancel your order than please email us on feedback. Any orders cancelled may incur a $25 or 5% of your order amount (whichever is higher) cancellation fees.

Refer a Friend Terms and Conditions

Refer a Friend Program is for selected, existing Prime Bazaar customers only . Eligible referee can qualify for a maximum of 5 x $10 voucher referrals per 12 months. Additional referrals are not be eligible for a $10 voucher for both referral and referee. Eligible referred customer must be a new customer to Prime Bazaar, they must not have any prior purchase with Prime Bazaar. $10 referral voucher will be rewarded to referral and referee, once the referred customer has successfully placed the first order with Prime Bazaar The Delivery address of referee and referral must be different. Referral code can be shared via email, SMS and selected social accounts. Eligible referral and referee will both receive a $10 referral voucher within 30 days, once eligibility requirements have been met. Not to be used in conjunction with any other offer. Prime Bazaar reserves the right to change /cancel/suspend/terminate the “Refer a friend” program in its absolute discretion at any time. Prime Bazaar reserves the right, in its absolute discretion, to cancel referral codes or terminate a customer’s participation in “Refer a Friend” program at any time including, without limitation, any reasonable suspicion of dishonestly, fraud or wrongful conduct.. Referred customer can start referring after 30 days.

Your notice should be sent, in writing, to Prime Bazaar via email at info@easygrocery.com.au.

Prime Bazaar may at any time, terminate the Terms with you if:

You have breached any provision of the Terms or intend to breach any provision; Prime Bazaar is required to do so by law; the partner with whom Prime Bazaar offered the Purchase Services to you has terminated its relationship with Prime Bazaar or ceased to offer the Purchase Services to you; Prime Bazaar is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or The provision of the Purchase Services to you by Prime Bazaar is, in the opinion of Prime Bazaar, no longer commercially viable.

You may not, without the prior written permission of Prime Bazaar and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

Privacy

Prime Bazaar takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Prime Bazaar’s Privacy Policy, which is available on the website.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Prime Bazaar as set out below.

If you want to terminate the Terms, you may do so by:

Notifying Prime Bazaar at any time; And closing your accounts for all of the Purchase Services which you use, where Prime Bazaar has made this option available to you.

Warranty

Prime Bazaar’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within from the date of purchase (the ‘Warranty Period’).

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Prime Bazaarshowing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Prime Bazaar at email at info.

Where the Warranty Claim is accepted then Prime Bazaar will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim. The Warranty shall be the sole and exclusive warranty granted by Prime Bazaar and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

Delivery

You acknowledge that the Purchase Services offered by Prime Bazaar (the ‘Delivery Services’) through the use of their own delivery services (the ‘Delivery Service Providers’). In the event that an item is lost or damaged in the course of the Delivery Services, Prime Bazaar asks that you to inspect the items upon delivery and let the delivery person know right away.

We are committed to provide same day delivery for orders placed before 3:00 PM. However, there is no guarantee that the orders will be delivered in the same day. If we expect a delay in your order delivery, we will notify you (email and/or Phone) about your order status and expected delivery time, as soon as we can. All deliveries are made to the address as given by you, and you will be available in person to receive the delivery.

If you are not available during delivery, we can leave the order at your door if we have your written consent to do so prior to delivery. We will not be responsible if the parcel is reported as missing after the delivering the order at your door with your written consent. If you are not available to receive the delivery and we have not received your written consent to leave the delivery at your door, then we will have to re-schedule the delivery. You will be paying for the delivery charges. Delivery charges are based on your delivery suburb. ($15 or more)

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of Prime Bazaar are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Prime Bazaar or its contributors.

Prime Bazaar retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Prime Bazaar; or the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. Following payment of the Purchase Price being confirmed by Prime Bazaar, you will be issued with a receipt to confirm that the payment has been received and Prime Bazaar may record your purchase details for future use.

Prime Bazaar may, at their sole discretion, provide a refund on the return of the Products within 3 days (excluding frozen items, fruits & vegetables and dairy products) where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

Returns and Refund can not be accepted for any perishable goods.

Change of Mind

Please choose carefully as refunds are not provided if you have simply changed your mind, you have made a wrong selection or found a cheaper item elsewhere.

Prime Bazaar offers 3 day return policy (excluding frozen items, fruits & vegetable and dairy products) on selected items based on manufacturer return policies. For further information, not listed, please contact Prime Bazaar. All products returned MUST be 100 percent complete; and contain ALL original manufacturer boxes with the original UPC code and packing materials including all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. Courier charges on returned items are the Customer’s responsibility. Prime Bazaar may match the shipping method and pay for shipping on replacement or exchange item(s). For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery. If you receive damaged merchandise, it is expected that upon inspection you will reject the delivery and hand the package back to the delivery personnel. If you do not notify Prime Bazaar of damaged goods upon delivery, no claim for return and/or compensation will be issued.Prime Bazaar’s has sole discretion for: credit, replacement, exchange or repair. NON-DEFECTIVE returns (except frozen items) may be accepted by Prime Bazaar at its sole discretion and on terms that Prime Bazaar sees fit. Prime Bazaar will not accept any returns without proof of the purchases. Prime Bazaar recommends customers to keep a copy of receipt to prove the purchases.

Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’). Payment of the Purchase Price may be made through one of the following third party providers:

3rd party payment gateway service Pay on delivery, EFTPOS on delivery

You may not use the Purchase Services and may not accept the Terms if:

you are not of legal age to form a binding contract with Prime Bazaar; or you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

You warrant that any information you give to Prime Bazaar in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (‘Registered User’) and agree to be bound by the Terms. As a Member you will be granted access to the Purchase Services.

As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

The Terms; Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services; Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Prime Bazaarof any unauthorised use of your password or email address or any breach of security of which you have become aware; Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Prime Bazaar providing the Purchase Services; You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Prime Bazaar for any illegal or unauthorised use of the Website; And you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

Limitation of Liability

Prime Bazaar’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Prime Bazaar is the resupply of information or Purchase Services to you.

You expressly understand and agree that Prime Bazaar, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Prime Bazaar is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Prime Bazaar, by third parties or by any of the Purchase Services offered by Prime Bazaar.

Your Obligations as a Registered User

In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

an email address preferred username a password Full Name a delivery address a contact phone number date of birth.

Use of images in the products, Categories, Sub-Categories, Brand etc may not be the images of the actual product. Images are only for the representational purpose.

Use of the Website, the Purchase Services, and any of the products of Prime Bazaar (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Prime Bazaar, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Prime Bazaar (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Prime Bazaar) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; The accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); Costs incurred as a result of you using the Website, the Purchase Services or any of the Products; The Content or operation in respect to links which are provided for the User’s convenience; Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; Or any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.