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Privacy Policy & Customer Terms of Trade

Privacy Policy

Last updated: 04/04/2020

FMD Produce PTY LTD (“us”, “we”, or “our”) operates the Fresh Market Direct Produce website (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at http://localhost/fmdproduceold/wordpress.

Information Collection and Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information (“Personal Information”) may include, but is not limited to:

  • Name
  • Email address
  • Telephone number
  • Address

Log Data

We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third-party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services, or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us.

Customer Terms of Trade

1. Definitions

  • “Supplier” refers to FMD Produce.
  • “Customer” refers to any business purchasing Goods from the Supplier.
  • “Goods” refers to fresh fruit, vegetables, packaged food, and food service products supplied by the Supplier.
  • “Order” refers to any purchase request made by the Customer.

2. Orders & Delivery

  • Orders must be placed by 11:00 pm for next-day delivery.
  • Deliveries are available Monday to Saturday, subject to availability.
  • Delivery times will be scheduled based on location and order volume.
  • The Supplier will make every effort to meet agreed delivery times but is not responsible for delays caused by factors beyond its control (e.g., supply shortages, weather conditions, transport disruptions).
  • Customers must inspect Goods upon delivery and report any discrepancies within 24 hours.

3. Pricing & Payment

  • All prices are subject to market fluctuations and will be confirmed at the time of order.
  • Prices are exclusive of GST unless otherwise stated.
  • Payment terms: 7 Days—meaning 7 days’ worth of invoices paid on a weekly basis, not per invoice. Payment is required within 3 days of receiving the statement unless otherwise agreed in writing.
  • Accepted payment methods: bank transfer, credit card, and cheques.
  • Late payments may incur interest at 7% per annum (or maximum allowed by law) on unpaid balances, and accounts overdue by more than 30 days may be placed on hold.

4. Product Quality & Returns

  • The Supplier ensures that all Goods meet quality standards at dispatch.
  • Claims for damaged, incorrect, or unsatisfactory Goods must be made within 24 hours of delivery with supporting photographic evidence.
  • Perishable items must be stored correctly; failure to do so voids any claims.
  • Approved returns will be credited or replaced at the Supplier’s discretion.

5. Risk & Title

  • Risk of loss or damage transfers to the Customer upon delivery.
  • Ownership of Goods remains with the Supplier until full payment is received.

6. Cancellations & Changes

  • Order cancellations or amendments must be made at least 12 hours before the scheduled dispatch.
  • Orders already dispatched cannot be cancelled.

7. Food Safety & Compliance

  • Customers must handle and store Goods in compliance with Australian food safety standards.
  • The Supplier is not responsible for issues arising from improper handling or storage after delivery.

8. Additional Services

  • If the Supplier provides food service products (e.g., pre-cut vegetables, catering supplies), additional service terms may apply.
  • Custom or specialty items may require prepayment or minimum order quantities.

9. Liability

  • The Supplier’s liability is limited to the cost of the Goods supplied.
  • No liability is accepted for indirect or consequential losses, including but not limited to loss of business or revenue due to supply delays, quality issues, or product shortages.

10. Force Majeure

  • The Supplier is not liable for delays or failures due to circumstances beyond its control, including but not limited to natural disasters, supply chain disruptions, transport delays, government regulations, or industrial actions.

11. Governing Law

  • These Terms of Trade are governed by the laws of Queensland, Australia.
  • Any disputes arising under these Terms will be resolved in Queensland courts.