Terms of Service

These terms govern your use of fairlycart.com.au and any order placed through it. By placing an order, you agree to them. FairlyCart is currently operating a pilot in Melbourne's eastern suburbs, so some of these terms may evolve as the service grows.

Who you're contracting with

fairlycart.com.au is operated by FAIRLY GROUP PTY LTD (ACN 701 371 575) ("FairlyCart", "we", "us"). FairlyCart is a marketplace: for each order, the sale of goods is a contract between you and the independent grocery store fulfilling that order (identified on the storefront and your order confirmation), and FairlyCart separately provides the marketplace platform, checkout, payment processing and customer support for that transaction. Where we refer to "the store" below, we mean that store as the seller of the products in your order.

What FairlyCart is

FairlyCart connects you with independent local Indian and Asian grocery stores. Each store is responsible for the products it lists, their availability, and preparing your order for delivery or pickup. FairlyCart handles discovery, cart, checkout and payment on the store's behalf, and helps resolve issues between you and the store.

Orders and payment

• Prices, stock and delivery windows shown at checkout are revalidated server-side before payment is taken.
• Payment is processed securely by Stripe, our payment processor. By paying, you authorise Stripe to charge your chosen payment method for the full order total. Your order is confirmed once payment succeeds.
• If a payment is declined, reversed, or a chargeback is raised, we may pause or cancel the related order, and may recover amounts owed to us or the store to the extent permitted by law.
• A service fee of 2.5% of your basket subtotal applies to every order, with a minimum of $0.99 and a maximum of $2.99 — shown itemised in your cart before you pay.
• A delivery fee may apply and is waived above the store's free-delivery threshold, where offered. All fees that apply to your order are shown before you pay, so you always know the full price in advance.
• Each store sets its own minimum order value, shown on its storefront.
• Prices are shown in Australian dollars and include GST where GST applies, unless we clearly say otherwise before you place the order.
• A tax invoice/receipt for your order is available via your order confirmation or on request through the Contact page.
• Promotional codes (such as first-order discounts) are subject to the conditions on our Promotions & coupon terms page.

Substitutions and unavailable items

If an item becomes unavailable after you order, we follow the substitution preference you choose at checkout — a similar replacement, being contacted first, or a refund for that item.

Cancellations and refunds

Contact us as soon as possible if you need to cancel — orders already being prepared by the store may not be cancellable. Refunds for unavailable items, order issues, or store-side cancellations are issued to your original payment method, and are usually visible within 5-10 business days depending on your bank or card provider. See our Returns & refunds policy for more detail, and reach out via the Contact page for help with a specific order.

Delivery and pickup

Delivery is available within each store's published radius or postcode list. Click & Collect is available at the store address shown at checkout. See our Delivery & collection policy for details — delivery windows are estimates, not guarantees, particularly during the pilot.

Your responsibilities

Provide accurate contact and delivery details, and be reasonably available to receive your order in the selected window. You agree not to misuse the platform — including abusing promotional offers, providing false information, or interfering with the site's normal operation — see our Acceptable Use Policy for the full list of prohibited conduct and products. FairlyCart and its store partners aren't liable for delivery issues caused by incorrect details you've provided.

Marketing communications

We'll always send you service and order-related messages (like order confirmations and delivery updates) — these aren't marketing and you can't opt out of them while you have an active order. We'll only send you marketing emails or SMS (such as promotions or new-store announcements) if you've opted in, and every marketing message includes a way to unsubscribe, which we action within 5 business days. See our Privacy Policy for how we handle your contact details.

Liability

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded, including the consumer guarantees under the Competition and Consumer Act 2010 (Cth). Those guarantees cannot be removed by this or any other agreement.

As a marketplace, FairlyCart facilitates the transaction between you and the store, and product quality, packaging, ingredient accuracy and order fulfilment are primarily the store's responsibility as the seller. This doesn't reduce your consumer guarantee rights or your ability to raise an issue with FairlyCart directly — if something goes wrong, tell us via the Contact page and we'll help resolve it with the store, including coordinating a repair, replacement or refund where a consumer guarantee has not been met. To the extent permitted by law, and subject to your consumer guarantee rights, FairlyCart's liability to you for issues arising from the platform itself (as opposed to a specific store's products) is limited to resupplying the relevant service or the cost of doing so.

Intellectual property

The FairlyCart name, logo, website design and software are owned by us or our licensors and protected by copyright, trade mark and other laws. Product names, images and descriptions belong to the relevant store or manufacturer. You may not copy, reproduce or exploit any part of the site for commercial purposes without our written permission. Any feedback or content you submit to us (e.g. through the Contact page or a store request) may be used by us to operate and improve FairlyCart.

Changes to these terms

We may update these terms as FairlyCart grows out of pilot. Continuing to use the site after an update means you accept the current version.

Governing law

These terms are governed by the laws of Victoria, Australia. See our Dispute resolution page for how we handle complaints and disputes.

Contact

Questions about these terms? Reach us via the Contact page.