Terms & Conditions

TASMAN BUTCHERS CUSTOMER AGREEMENT

TERMS OF USE

Introduction:

Tasman Market Fresh Meats Pty Ltd (ABN 35 164 501 133) trading as Tasman Butchers is Victoria’s largest traditional butcher. Retail outlets include 17 physical stores as well as an online store (Tasman Butchers Online) and delivery service. The online store offers a selection of locally sourced and freshly prepared meat as well as smallgoods and complimentary products to customers.

Delivery Areas:

Customers can easily check if they qualify for delivery and therefore online shopping by entering their full address in the address checker which can be found at the top of the online shopping page. If the address is in the delivery area, customers will be able to automatically proceed to register themselves as a new customer.

This agreement includes these terms and conditions and the Order, (‘Terms’) and applies to all customers purchasing Goods through our online shop. We may modify and update these Terms at any time, without notice. Your continued use of our Services is deemed acceptance of these Terms and any modifications. In using our services, you agree to be bound by these Terms, and also our general terms and conditions of use for our website, and our privacy policy. If you do not accept these Terms, you cannot use our Services.

DEFINITIONS

“Delivery Address” is the address where the goods are to be delivered as stated on the Order;

"Delivery Day" means that day that you elect between Monday to Friday and excludes public holidays;

“Delivery Fee” is the fee payable to us for delivery of the Goods to your Delivery Address;

“Delivery Time Frame” is the period between 6pm and 9pm on a Delivery Day;

“Goods” are the items listed on our online shopping page and include packaging;

“Minimum Order Value” is the minimum order value that must be placed to access our Services, and does not include the Delivery Fee;

“Order” is an order by you to purchase Goods from us;

“Order Confirmation” is the order confirmation we send to you after processing your Order;

“Purchase Price” is the price for goods at the cut-off date;

“Services” are the services of providing an online shopping service and delivering the Goods to you;

“our website” means www.tasmanbutchers.com.au

“We/our/ us” means Tasman Market Fresh Meats Pty Ltd (ABN 35 164 501 133) trading as Tasman Butchers online; and

“You” means the customer accessing our service online and placing an Order.

REGISTRATION AND PURCHASING PROCESS

You must register and set up an account in order to access the Services. You must provide various personal information, payment information and a Delivery Address. Please note that we only service particular areas and you can check if your Delivery Address is in the delivery area by checking on the address checker on our website at the top of the online shopping page.

You are responsible for ensuring your registration details are accurate, complete and kept up-to-date at all times. You must inform us if there is any change to your details, including any changes to your payment information. You must ensure that any credit card details you provide have reasonable validity, and that you notify us in the event your card is due to expire. You are also responsible for maintaining the confidentiality and security of your account, username and their password.

When you shop with us online, we inform you of the approximate weight and portions with a price estimate only as the Goods that are sold by kilo weight may vary at the time of packaging. We endeavour to provide the weight that is as close as possible and available to your Order on the date of packaging. We will only charge your credit card for the actual total on the Order following the cut-off and on the day of delivery.

PAYMENT

After you complete your Order we will send you an Order Confirmation. Order confirmation and a tax invoice with an estimated total will be available to view online as part of the process. Then, after the Order cut-off date and on the day of delivery we will pack your order. At this time, your credit card will be charged to correspond with the exact measurement and weight of the Goods at the time of packaging for delivery. You will then receive a receipt confirming this amount charged.

All advertised amounts for Goods, and for delivery are in Australian dollars. We only accept VISA and Mastercard credit card payments. Your credit card details will be securely stored and your credit card charged on the day of delivery, when your order qualifies for delivery at the Order cut-off time.

The purchase price for Goods in your Order is charged at the time of Order cut-off, except:

  1. if Goods are out of stock, you will not be charged for those Goods;
  2. if you have ordered Goods that are priced per kilo, the price noted at the time of your Order is an estimate only and you will be charged the actual per-kilo price at the Order cut-off time to correspond with the actual weight of the Order when packaged;
  3. if there is an advertised special not available to you;

We charge a fixed 2.5% of the total of your Order to process your transaction. This fee is the transaction cost passed on to us by the third party secure payment processor.

In total, your payment will comprise: the purchase price including GST if applicable, along with the Delivery fee, and third party bank card transaction processing fees.

Promo Codes

We may from time to time run promotions and issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms and conditions disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.

COMPLETION OF ORDER POLICY

We may require you to provide additional information before we accept and process any Order.

We reserve the right to decline to process any Order when requested Goods are not available or if there is an error in the price or description. We also reserve the right to decide not to accept an order which is below the Minimum Order Value. We also reserve the right, after receipt of your request for Services, to accept or decline, or limit your request, which right we may exercise in our sole discretion at any time, without having to provide you with any reason for our decision.

DELIVERY

Delivery: We charge a Delivery Fee to deliver to your home or office. We do not commit to delivery beyond your front door or interior of any building or office block. You agree to ensure that any agreed delivery location is safe for us to deliver to, including but not limited to ensuring there no animals or other impediments to safe delivery by our delivery service persons. You agree you will indemnify us for any loss or damage that may occur on your property, in particular in the event of any unsafe or dangerous conditions that may cause injury.

You also agree to pay the Delivery Fee for delivery to your Delivery Address. You further agree to be at your Delivery Address on the Delivery Day and during the Delivery Time-Frame or have otherwise provided us with authorisation to leave the Order at your nominated location. You may select the most convenient day for you. For the avoidance of doubt, we deliver Monday to Friday between the hours of 6pm and 9pm; excluding public holidays.

If you are not available during the Delivery Time-Frame, we have your implied authority by placing your Order, to leave your Order at the nominated location and we are at no time responsible for any lost, stolen or items which may become damaged or tainted due to extended periods left in a heated or sun affected area. We endeavour to ensure that our Goods are packaged in appropriate cooler packaging but as we cannot control the time you may access them or excessive temperatures which arise from time to time, we are not responsible as we have your implied authorisation to leave your Order.

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 Goods is authorised to receive those Goods;
  • 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 Goods from the drop-off time; and
  • otherwise, at any other time, risk in the Goods passes to you upon delivery.

REFUNDS

We will at all times comply with Australian Consumer Law (ACL) requirements including but not limited to the re-supply or refund of any Goods supplied or provided which do not meet ACL requirements. If the Goods are faulty, if they have been wrongly described, or are different from and do not match a sample shown to you, then you may elect to exchange the Goods, receive a refund or credit.

When we decline to accept and process any Order under our Completion of Order Policy above, we will also refund you the amount received from you or reimburse any deductions from your credit card. We also offer refunds or replacement of the Goods if the Goods were not delivered as agreed.

We also offer a 100% money back guarantee if you are not happy with the quality and freshness of our Goods. You can make a claim for a refund to your Tasman Butchers account if you are not satisfied with freshness or quality of our Goods by emailing us at:

online [at] tasmanbutchers.com.au within three (3) days of receipt of the Goods to lodge your claim and advise us why you are not happy with the Goods. In order to properly assess your claim, please keep the Goods until we have performed our assessment. It will assist us in our assessment if you provide a photograph of the Goods and send the photographs through to our email.

We do not offer refunds for products if you simply change your mind.

DISCLAIMER

We aim to provide up-to-date pictures and details of all the Goods on our website. However, at times, the pictures and details may differ from the Goods actually supplied to you. We do not warrant the accuracy of the information contained on our website, including the Goods, pictures and details, and we strongly recommend that you read all labels before refrigerating and consuming any Goods.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name (or any of our advertisers).

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

CANCELLATION AND TERMINATION

We have the right to terminate your account, and your shopping privileges for any reason, at any time.

If we have reasonable grounds to suspect that you have breached any Terms, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately terminate your account or suspend your use of our website and/or our Services. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities. We may also deny the use of our website and the Services to you in the future and are not obligated to provide any refund or part thereof monies paid in the event of any breach or termination.

Upon such termination, regardless of the reasons, your right to use the website and our Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account, profile and all related information and files. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

LIABILITY AND INDEMNITY

Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. It is also governed by various food safety laws. Any other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website or Services.

This limitation of liability clause includes any reliance by you on the information on the website, information emailed or telephoned to you, and your access to or inability to use the website or Services. You assume all risk in using the Services and we cannot be liable for your use of or reliance on any Services. While we endeavour to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose. Any reliance you place on such information is therefore strictly at your own risk.

In any event, our liability to you will not exceed the amount actually paid by you to us for the last Order of Goods.

You agree to indemnify us from any loss or damage to us arising from your use of our Services including, but not limited to, any breach by you of these Terms. You further agree to indemnify us from any loss or damage incurred through delivery of the Goods beyond your Front Door, or delivery of the Goods when there is no person to acknowledge such delivery.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

GOVERNING LAW

These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.  

General Website T&Cs

The information contained in this website is for general information purposes only.

Tasman Market Fresh Meats has made every effort to ensure that the information on our website is correct at the time of publication and is kept up to date. However, you should not rely solely on it. We recommend that you make further specific enquiries in relation to such information to satisfy yourself as to its accuracy, suitability for your circumstances and reliability. Any reliance you place on such information is therefore strictly at your own risk. Tasman Market Fresh Meats will not be liable for damages of any kind, including (but not limited to) compensatory damages, lost profits, lost data, or any form of contract or negligence or use of this web site.

*Prices are correct at time of publishing and subject to change. Please check instore for the latest prices.