This Agreement is a contract between You and AM No 1 Pty Ltd T/A Super Butcher ("Super Butcher Online"). It sets out the terms and conditions under which You may purchase products online from Super Butcher. Please read the following terms and conditions carefully before placing your order on Super Butcher Online. By completing the customer application process and using the Super Butcher Online Service, You agree to be bound by the terms and conditions of this Agreement.
1. INTERPRETATION In these Conditions: " Agreement " means an agreement between You and Super Butcher Online to supply Goods. The Agreement consists of the Order and these Conditions.
" Conditions " means these Conditions and any agreed written variations.
" Delivery Address " means the address to which the Goods are to be delivered as stated on the Order for you.
" Goods " means Goods described in an Order and includes packaging.
" Intellectual Property Rights " includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
" Order " means an order by You to purchase Goods from Super Butcher Online.
" Product List " means the list of Goods displayed on the Online Super Butcher Internet site as amended from time to time.
2. THE AGREEMENT 2.1 What is the Agreement? The entire agreement between You and Super Butcher Online for the purchase of Goods by You from Super Butcher Online is: (a) these Conditions; and (b) the terms of the Order.
2.2 When the Agreement is formed An agreement exists between You and Super Butcher Online once: (a) Super Butcher Online accepts an Order; or (b) Super Butcher Online receives the Order and does not reject it within fourteen days.
2.3 Each Order is a separate agreement.
2.4 Set-Off If You owe money to Super Butcher Online under one agreement, Super Butcher Online may set-off that money against any money that You owe to Super Butcher Online under another agreement. If Super Butcher Online owes money to You under one agreement Super Butcher Online may set-off that money against any money that it owes You under another agreement.
3. CUSTOMER APPLICATION 3.1 Application to be completed You must complete a customer application outlining your details before completing an Order for Goods on Super Butcher Online. You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform Super Butcher Online if there is any change to this information or data.
3.2 Set up costs You are responsible for any costs associated with accessing the Super Butcher Online site and placing orders for Goods on Super Butcher Online including any Internet provider fees.
3.3 Delivery area
Super Butcher Online offers a home delivery service. We Cover most of South East Queensland. Please ensure we deliver to your area before purchasing.
4. PURCHASE ORDERS & DELIVERY OF GOODS 4.1 Orders You will place an Order on Super Butcher Online by selecting Goods and pressing the "Add to Order" button. Orders will be deemed to have been received by Super Butcher Online at the time of successful transmission of the Order.
4.2 Collection of the Goods Super Butcher Meat Online will make your Goods available to you at our Factory on receipt of appropriate Identification or alternatively deliver the Goods to the delivery address as staed by you in your purchase where Identification will also be required for your collection.
4.3 Authorised receipt of Goods Anyone at the Delivery Address who receives the Goods shall be presumed by Super Butcher Online to be authorised to receive the Goods. Super Butcher Online may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of identification. Super Butcher Online may refuse to hand over the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identification.
4.4 Delivery Fee If required by Super Butcher Online You shall pay to Super Butcher Online the Delivery Fee (or such other fee as may be specified by Super Butcher Online) in respect of each Order.
5. RISK & TITLE IN THE GOODS 5.1 Risk and Title Property and risk in the Goods passes to You upon receipt and payment of the Goods to the delivery Address.
5.2 Returns or Refunds If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the Super Butcher Online Customer Service Centre on 1300 002 493 and a representative will assess Your request for a credit or refund of the purchase price.
6. PRICE OF GOODS & PAYMENT 6.1 Price of Goods The price of the Goods as shown on the “Buy on Line” is the price which is applicable at the time you view it.
6.2 Total Price of Goods Items in your order are charged at the price applicable at the time you submitted your order and as shown on the order confirmation, except: (a) Where an item is out of stock. In which case you will not be charged for that item.
6.3 Method of payment You may only select the following method of payment.
At the time of each order, you will be required to enter your Credit Card details. Unless otherwise agreed, in order to receive your goods, payment must be received by the selected payment method. (a) Online Payment by Credit Card You may provide your credit card details during checkout on our secure site. We will process your order payment using your credit card (MasterCard, Bankcard, Visa) details for the value printed on the tax invoice we provide with your delivery. The payment will be processed as we prepare your order for collection.
If your credit card is declined by your financial institution we will not be able to delivery on the date or in the collection window you selected and may contact you to make alternative collection and payment arrangements.
If you have any queries about the credit charge once you take delivery please contact customer care on 1300 002 493.
We may decide at any time not to accept payment from you by credit card for any reason. If we decide not to accept payment by credit card we will not process the order, and will not contact you to advise you that your order will not be processed. We may process this order or further orders if you agree to make payment by another method that is acceptable to us. We will not be required to give reasons when we decline to accept payment from you by credit card.
(c) Customer Accounts We do not offer online Credit Accounts.
7. OUT OF STOCKS & SUBSTITUTION 7.1 No Rainchecks Super Butcher Online will not provide rainchecks in respect of Goods ordered by You.
8. PACKAGING & LABELLING OF GOODS Super Butcher Online aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to You. Super Butcher Online does not warrant the accuracy of the information contained in the Product List and recommends that You read the labels on Goods carefully before consuming the Goods.
9.INTELLECTUAL PROPERTY RIGHTS 9.1 You acknowledge that Super Butcher Online or its related corporations own or are licensed to use all Intellectual Property Rights in Super Butcher Online (including, but not limited to, any images, photographs or text which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy Super Butcher Online in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
9.2 You acknowledge that any trademarks or logos which appear on the Super Butcher Online site are owned by or licensed to Super Butcher Online or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
10. LIABILITY 10.1 You acknowledge that Super Butcher Online is provided "AS IS" and that Super Butcher Online is not making and has not made any warranty or representation as to Super Butcher Online's suitability for any particular purpose. You agree that in using Super Butcher Online, You are not relying on any statement or representation made by Super Butcher Online which is not expressly contained in this Agreement.
10.2 You agree that any liability of Super Butcher Online arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of Super Butcher Online (other than a condition or warranty implied by legislation which does not permit Super Butcher Online's liability to be limited as stated in this clause 10.2) will, at the election of Super Butcher Online be limited to: (a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and (b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
10.3 You agree that the entire risk arising out of installation, down loading, use or performance of any software remains with You. To the extent permitted by law, You release and discharge Super Butcher Online and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Super Butcher Online or this Agreement, including, without limitation, loss or damage caused by the negligence of Super Butcher Online or its related corporations.
11. NOTIFICATION OF CHANGES Super Butcher Online may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 14. Your use of the Super Butcher Online Service after notice will constitute your deemed acceptance of such changes.
12. PRIVACY & SECURITY For details on the Super Butcher Online Privacy & Security Statement, please refer to the Privacy & Security hyperlink on the Home Page.
13. TERMINATION Super Butcher Online may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 14) or by sending You a system message advising that your shopping privileges have been removed. If this occurs, please contact Super Butcher Online Customer Care Centre on 1300 002 493.
Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
14. NOTICES Super Butcher Online may give notice to You by electronic mail, conventional mail to your address contained in the registration information or notice posting on the Super Butcher Online website. You may give notice to Super Butcher Online by electronic mail to Online. sales@superbutcher.com.au.
15. PROVISIONS ARE SEVERABLE Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
16. QUEENSLAND LAW APPLIES The laws of Queensland govern this Agreement
