Terms and Conditions
Purpose Of Policy
This policy sets out the terms and conditions on which Carbeen Pastured Produce will supply the products listed on our website.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
The Website is only intended for use by people residing in Australia, delivery will only occur in the identified postcode areas. We do not accept orders from individuals outside this nominated area. See delivery details for more information.
By placing an order through our site, you warrant that:
- you are legally capable of doing so;
- you are at least 18 years old.
Formation of agreement – Subscription
- After placing an order for a subscription on our website, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been ordered (Dispatch Confirmation).
- By purchasing a subscription, you agree to pay recurring payments for a period of time unless cancelled by you or us prior to, as laid out in these terms. You can cancel your subscription at any time. The cutoff period to cancel or edit your order is 7 days prior to delivery.
- Cancellation of an order after the cut off time will result in a full charge
- You will not be charged for any cancellation prior to the cutoff. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
- Cancelling your subscription is easy. You can do so over the phone by calling Carbeen on 0438 550 189 or by emailing firstname.lastname@example.org.
- We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
Vouchers and Gift Cards
- We may offer gift cards, discount promotions and other types of vouchers (Voucher) which require to be activated by email application for the holder to commence delivery of Products. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing a Product.
- Any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one voucher can be applied per order.
- We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
- Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
- Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
- We reserve the right to exclude the use of voucher codes on specific products.
Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation unless there are exceptional circumstances.
Risk and Title
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and Payment
- The price of the Products and our delivery charges will be as quoted on the Website except in cases of obvious error.
- Product prices include GST.
- We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- Payment for all Products must be by credit or debit card.
We warrant to you that any Product purchased from us through the Website will, on delivery:
- conform to its description;
- be of satisfactory quality; and
- be reasonably fit for all the purposes for which products of that kind are commonly supplied.
- If we fail to comply with these terms and conditions, to the maximum extent permitted by law, we will only be liable to repay to you the purchase price of the Products.
- Nothing in these terms and conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
All disputes to be lodged at email@example.com in writing, explaining the details of the dispute.
Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in the Website, whether registered or unregistered and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
- You may print off one copy and may download extracts, of any pages from the Website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from our licensors and us.
- If you post comments on the Products to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly held opinions. By ordering the Products you irrevocably authorise us to quote from your Commentary on the Website and in any advertising or social media outlets which we may create or contribute to.
Events outside our control
- We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lockouts or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
- the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- the impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them, to the maximum extent permitted by law.
- To the maximum extent permitted by law, each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
Variation of these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- The laws applicable in New South Wales govern these terms and conditions and any Contract formed under these terms and conditions and any dispute in connection with any Contract.
- The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
Where do we deliver?
We aim to deliver to as many local areas as possible. Various Sydney locations are also included.
|Bathurst 2795||Forbes 2871|
|Canowindra 2804||Manildra 2865|
|Cargo 2800||Millthorpe 2798|
|Cudal 2864||Molong 2866|
|Cumnock 2867||Orange 2800|
|Dubbo 2830||Parkes 2870|
|Eugowra 2806||Wellington 2820|
|Lithgow 2790||Blackheath 2785|
|Katoomba 2780||Wentworth Falls 2782|
|Bullaburra 2784||Mt Lambie 2845|
|2000||2130 – 2138||2260|
|2006 – 2011||2140 – 2148||2508|
|2015 – 2050||2150 – 2168||2555 – 2560|
|2055||2170||2564 – 2567|
|2060 – 2077||2171||2570|
|2079 – 2097||2173||2745|
|2099||2175 – 2179||2747 – 2750|
|2100 – 2108||2190 – 2200||2756|
|2110 – 2122||2203 – 2214||2759 – 2763|
|2125 – 2128||2216 – 2234||2765 – 2770|
(please note: boxes will not be able to be returned from the Sydney locations)
When and what time will I receive my delivery?
Deliveries can take up to 2 weeks from the time of order to actual delivery. This is so we can deliver you the freshest product possible. If you have any questions regarding your delivery please contact us via the firstname.lastname@example.org.
The night before or on the morning of your delivery lookout for a text message or email from us, it will advise you of a window in which you can expect your delivery to arrive. If you live outside our regular local delivery areas (I.e. Sydney locations), we deliver by Courier, these orders take approximately 1-2 days.
Do I need to be home to receive the delivery?
You do not need to be home to receive your delivery (unless you are in a security building and there is no alternative drop off point). If you are not home our drivers are instructed to leave your boxes as close to your front door as possible. The cold items are packed in a box with woollen lining and an ice brick to keep your order cold until you get home. If you have any particular instructions for where you would like your delivery left, please let us know in the delivery instructions at checkout.
How do I return my boxes?
We love to have all boxes returned for re-use, it is good for the environment and helps us to keep costs down. Please leave boxes out on the morning of your next delivery and our drivers will pick them up. If it looks like rain, please leave them undercover or wait until the following scheduled delivery, as we are unable to reuse rain damaged boxes. We also like to have the woollen insert back (if it is clean) and we will reuse it as well.
Please note: Sydney locations will not be able to return boxes.
Colds Box Deposit
We charge a $2.50 deposit on the colds box and cold brick we use to keep the meat cool in transit. This small charge is not designed to penalise, rather, it is to encourage the return of as many of these boxes as possible. We count on receiving these boxes back, its good for the environment and helps to keep costs down. Make sure you leave your colds box out for pick up on the day of your next order.
Once your box is returned to our warehouse, our staff will scan the label and a deposit of $2.50 will be credited to your account. This will be deducted from the total of your next order. You can check you are receiving these credits by checking your invoice where you will find a tally of all colds boxes in/out.
Please note: Sydney locations will not be able to return boxes.
- We prefer that you place your order online as this ensures the highest level of accuracy; we will take orders over the phone as a last resort if you are experiencing computer problems or do not have access to the internet.
- Order changes cut off is 7 days before your delivery day.
- You must ensure that all information provided by you in relation to your order is accurate, complete and up to date.
- Please make sure you check your order confirmation carefully as we will not accept liability for incorrectly ordered items.
- Your order confirmation is not your invoice.
- Cancellation of your order can be done until 24hrs prior to the scheduled delivery day. All cancellations are to be done online.
- We will do our best to accommodate late changes to your order. However, once your order has commenced packing we are unable to accommodate any more alterations.
- When you use this website you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer.
Pricing and Product Availability
- We aim to keep our website up to date regarding availability and pricing. We do acknowledge there is a slight time lag in the updating of information.
- On occasion, an item you have ordered may not be available. If this is the case, we will try to contact you to let you know and to ask if you would like a substitute item.
- It is our aim to only provide the freshest produce, we have quality control systems in place for checking produce as it arrives and leaves our warehouse. Occasionally, however, an item will be missed in this system.
- If we have supplied, you with an item incorrectly or provided the wrong item in error we will make every effort to deliver the correct item within 5 working days.
- No product is to be returned. If there is any problem with your order, we are happy to discuss how we can achieve a positive outcome for both parties.
Cancellation or suspension of Subscriptions
If you are going on holidays and wish to suspend your order for the duration of your break please make sure to let us know or simply go into your account page and suspend your subscriptions. Please make sure you do this at least 2 weeks prior to your order being processed. The following applies to all subscriptions.
If cancelled or suspended 14 days before subscription renewal – no charges apply
If cancelled or suspended 7-14 days before subscriptions renewal – administrative charges apply
- If cancelled or suspended less than 7 days before subscription renewal – full charges apply.