Terms and Conditions

Last updated: 12 August 2026

1. About these terms

These Terms and Conditions apply when you use this website, create an account or place an order with Toby Bros. By placing an order, you agree to these terms and any information shown at checkout. If there is an inconsistency, rights that cannot lawfully be excluded or limited will continue to apply.

Toby Bros is the trading name used for this online grocery and fresh-produce service. You can contact us at admin@tobybros.com.au.

2. Accounts and customer information

An account is required to place an order. You must provide complete and accurate contact, delivery and billing information, keep your details current, and keep your password confidential. You are responsible for activity performed through your account unless the activity was caused by our failure to take reasonable care.

You must be at least 18 years old, or use the website with the involvement and permission of a parent or guardian who accepts responsibility for the order.

3. Products, fresh produce and availability

We aim to describe and display products accurately. Packaging, branding, country of origin, colour, size, ripeness and appearance can change or vary, particularly for seasonal and fresh products. Images are illustrative unless the product description says otherwise.

Products remain subject to stock and quality at the time we pick the order. We may limit quantities, decline an order, or remove an unavailable item. If an item is unavailable, we will follow the substitution preference saved for the order where reasonably possible.

Customers with allergies or dietary requirements must review the current product label and ingredient information before consumption. Substituted products may contain different ingredients or allergens. Contact us before ordering if you need help, but do not rely on website images alone for allergen decisions.

4. Prices, fees and payment

Prices are shown in Australian dollars and include GST where applicable. The basket and checkout show the product subtotal, online ordering or Pick and Pack fee, delivery fee and any discount before you submit the order. Delivery minimums, delivery charges and free-delivery thresholds are applied using the settings in force when you order.

Payment is processed using the payment methods offered at checkout, including eWAY where available. You authorise us and the payment provider to process the amount shown. An automated order email acknowledges that we received the order; we may still contact you if payment, availability, address or fulfilment information requires attention.

If a genuine pricing or description error is identified before fulfilment, we will contact you and offer an appropriate correction, alternative or cancellation. We will not knowingly supply an item at a materially incorrect price without your agreement.

5. Substitutions

We use the substitution preference attached to the order. If substitutions are allowed, staff may select a reasonably similar product when the ordered item is unavailable. Availability, pack size and price may differ. We will record the outcome on the order and apply any appropriate price adjustment. If no suitable substitute is available, the item may be omitted and managed in accordance with the Refund Policy and Australian Consumer Law.

6. Pickup and delivery

Pickup and delivery options, dates and windows are estimates based on the selections available at checkout. Delivery is offered only to eligible postcodes and may be subject to a minimum product subtotal. Delays can occur because of traffic, weather, supply, safety or other circumstances outside reasonable control. We will take reasonable steps to communicate material delays.

You must provide safe, lawful and practical access to the pickup or delivery location and ensure someone can receive the order unless safe drop is authorised. If safe drop is selected, you authorise staff to leave the order at the nominated location where they reasonably consider it safe. Risk passes when the order is collected, handed to the recipient, or left in accordance with the safe-drop authority, except to the extent the law provides otherwise.

We are not responsible for deterioration caused by an unreasonable delay in collection, an incorrect address supplied by you, or goods being left unattended after a properly completed safe drop, except where responsibility cannot lawfully be excluded. If delivery cannot be completed, we may return the order to the store and contact you about collection, redelivery or another agreed solution.

7. Order changes and cancellations

Contact us as soon as possible if you want to change or cancel an order. A manager may approve cancellation at any time before collection or delivery, but approval is not automatic, especially where picking or preparation has started or goods can no longer reasonably be resold. If approved, the outcome will be store credit or a refund by agreement. After collection or delivery, the Refund Policy applies.

8. Returns, refunds and consumer rights

Our Refund Policy forms part of these terms. It includes a voluntary seven-day change-of-mind return option for eligible unopened non-perishable goods. Separate rights and remedies may apply where goods are faulty, unsafe, not of acceptable quality, unfit for purpose, incorrectly supplied or do not match their description.

Nothing in these terms or the Refund Policy excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

9. Website availability and acceptable use

You must not misuse the website, attempt unauthorised access, interfere with other customers, submit malicious code, scrape the site in a way that disrupts service, or use another person’s account without permission. We may suspend access where reasonably necessary to protect customers, the store or the website.

We try to keep the website available and accurate, but we do not promise uninterrupted or error-free access. We may maintain, change or withdraw features where reasonably required. Website content and branding remain owned by us or our licensors and may not be commercially reused without permission.

10. Liability

To the maximum extent permitted by law, neither party is liable for indirect or consequential loss that was not reasonably foreseeable. This does not limit liability for personal injury, fraud, wilful misconduct, breach of a non-excludable consumer guarantee, or any other liability that cannot lawfully be limited.

11. Privacy

Our Privacy Policy explains how we collect, use, disclose and protect personal information associated with accounts, orders, payments, pickup and delivery.

12. Changes, governing law and contact

We may update these terms for future website use and orders. The version displayed when an order is submitted applies to that order unless the law requires otherwise. These terms are governed by the laws of New South Wales, Australia, and the parties submit to courts and tribunals with jurisdiction, without limiting any right to bring a claim in another forum available under law.

Questions? Email Toby Bros at admin@tobybros.com.au.