Terms & Conditions:
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Shaws Quality Meats’ relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to shawsqualitymeats.com.au, Shaws Quality Meats Pty Ltd and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
shawsqualitymeats.com.au website is owned and operated by Shaws Quality Meats Pty Ltd (‘Shaws Quality Meats’)
REGISTRATION, LOGIN AND ORDERING
In order to use our services and order any of our meat products (‘Products’), you need to register and set up an account. In doing so, You acknowledge and agree to the following:
You will not share Your password or login details with any other person and You will keep Your contact, payment and other information updated at all times.
We do try to ensure we have all Products available but if you require a large order or special Product order, please call us directly prior to ordering so we can confirm availability for You.
All delivery times are estimates only and we do our best to meet these dates and times. You must nominate whether You will be home to receive the delivery and, if not, we will pack the Products in ice and a cold storage box and leave it in the nominated location. See below for our specific delivery policy terms.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Shaws Quality Meats’ rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Shaws Quality Meats are not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any Products or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Shaws Quality Meats’ liability for any breach of a term of this agreement is limited to: the supplying of the Products or services to you again; the replacement of the Products; or the payment of the cost of having the Products or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any Products or services.
AVERAGE QUANTITY SYSTEM
Shaw's Quality Meats follow the regulations and standards directed by the Australian Government Department of Industry, Science, Energy and Resources and comply with The Average Quantity System (AQS) which is an internationally agreed method of determining the size or quantity of pre-packed articles with a ‘constant nominal content’. This means it provides confirmation of the measurement or quantity of goods in the package, being sold by measure (weight, volume, length, area or number).
Under Australia’s trade measurement legislation, Shaw's Quality Meats use the average system, which stipulates:
The average content in a sample of pre-packaged articles of the same measurement cannot be less than the stated quantity marked on the packages.
No pre-packaged article can have a shortfall greater than 5% of the stated quantity.
By Item: Chicken Kiev is sold per item and each item is approximately 300gms, therefore each Chicken Kiev may weigh more than 300gms but will never be less than 285gms.
By weight: Beef Strips are sold in 500 gram units, therefore each unit may weigh more than 500gms but will never be less than 475gms. If you purchase 3 units the total purchase of beef strips may weigh more than 1.5 kilograms but will never be less than 1.425 kilograms.
ALL WEIGHTS ARE APPROXIMATE
As required by law, we must state the per kilogram cost of items sold by weight. Due to the nature of our handmade manual processing all weights listed are approximate but will be within the AQS legislation no less than 5%. Our policy is to ensure you always get the value that you are paying for.
DELIVERY OF PRODUCTS AND STORAGE
We deliver the Products at the nominated on the date of your delivery (‘Delivery’) by a third party courier service. In the situation where there is no person present at the Delivery address at the time of delivery and you have not advised us when ordering your Products that no one would be at the Delivery address to accept the order, or you or any person at the Delivery address fails to accept Delivery, the Delivery will be taken back to our premises and any re-delivery requirement may be charged an additional fee.
Where you have nominated that no one will be present for the Delivery, your Delivery will be placed at your front door or as otherwise provided in your Delivery instructions. Responsibility and ownership of the Products transfer to you at the time of delivery at the Delivery address. We cannot be held responsible for the Delivery Products once they are delivered. This includes any loss or damage due to animals, persons or the Products being accessed, taken, eaten, tainted or damaged, including but not limited to heat or tainting due to extended periods left in a heated or sun affected are, where the Products have been left outside or in the nominated Delivery location. We endeavour to ensure that our Products have been packaged in an appropriate cooler packaging when You have nominated in your order that no one will be available to receive the Delivery but as we cannot control the time you may access them or excessive temperatures which arise form time to time, we are not responsible if You have provided us with authorisation via your order to leave your Delivery as instructed.
By instructing us to leave your Delivery, You acknowledge and agree:
we do not commit to delivery beyond the front door of your home or office building (being the front door, or the point beyond which entry to the interior of the building occurs);
anyone at the Delivery address who receives the Products is authorised to receive those Products;
in the event there is no one at the Delivery address, by placing your order, we have your authority to leave your Order and in an agreed place at the Delivery address provided. You assume all risk in the Products from the drop-off time.
From time to time there may be events outside of our control such as weather, traffic, accidents, disturbances and similar which may cause a delay to the Delivery of our services at the times agreed. We cannot be responsible for such delays and we will notify you as soon as we are able to, of any such delay.
The Products are delivered in delivery boxes that can weigh up to 16kg. You are required to handle the delivery box in a safe and cautious manner so as not to cause damage or injuries to yourself, to another, or to property.
It is your responsibility to ensure that any Products with storage requirements, including refrigeration of perishable items, are attended to in a timely manner and not left in the delivery box.
FOOD DISCLAIMER
Consuming raw or undercooked Products may increase your risk of foodborne illness.
We ask you to prepare the Products in accordance with our instructions and general federal and state health and dietary standards and guidelines for our Products. Any deviation or alteration to these instructions may taint the Products or may cause a reaction for which we are not responsible. Please follow our instructions carefully for both storage and preparation.
If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider.
We cannot be held responsible for any damage, injury, illness or loss that arises from your failure to comply with these delivery and storage requirements.
CANCELLATION OF ORDERS, RETURNS AND REFUNDS
Refunds: Shaws Quality Meats handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
We try to ensure accuracy with all our orders but if You notice an error or other issue with your order, please notify us within 24 hours of Delivery. We will try to address your order issue in a timely manner.
Changes or Cancellation of Orders: We understand your needs can change from time to time. We will gladly cancel Product items from your order or your full order and provide you with a credit for the full amount if you notify us within 48 hrs of placing your order and at least 48 hrs prior to the day of your Delivery. If you do or are unable to notify us prior to this time, we can only process your request on a best efforts basis in our sole discretion.
Please be aware that depending on the timing of your notification and the number of orders we are processing, we may not be able to process your cancellation or change to your order.
Orders that have already been prepared for dispatch for Delivery cannot be cancelled and no refund will be available.
LINKS TO OTHER WEBSITES
Shaws Quality Meats may, from time to time, provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Shaws Quality Meats and the owners of those websites. We take no responsibility for any of the content found on the linked websites.
Shaws Quality Meats’ website may contain information or advertisements provided by third parties for which Shaws Quality Meats accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, Shaws Quality Meats absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness
for any particular purpose. Shaws Quality Meats gives no warranty that the documents or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Shaws Quality Meats to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At Shaws Quality Meats, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Shaws Quality Meats’ secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers and is processed securely through the Stripe.com payment gateway.
THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
Shaws Quality Meats may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, Products or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Shaws Quality Meats. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Shaws Quality Meats will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Shaws Quality Meats expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Shaws Quality Meats concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Shaws Quality Meats that results in litigation then you must submit to the jurisdiction of the courts of Victoria.