Terms and Conditions of Use

Terms and conditions of use

This agreement is a contract between the customer (Purchaser) and Calfarme Australia Pty Ltd A.B.N. 73 107 399 235 (Seller). Please read the following terms and conditions carefully before placing your order with the Seller. By completing and submitting the customer order form online or otherwise placing a Purchase Order and using the Seller’s service, Purchaser acknowledges that it has read, agrees with and is bound by the Terms and Conditions outlined below. The Seller reserves the right at all times to make changes to these Terms and Conditions, stock offers and bonuses at its sole discretion without prior notice.

1. Definitions

The following apply to these Terms and Conditions. Agreement means an agreement between Purchaser and the Seller to supply Goods. Delivery Address means the address to which the Goods are to be delivered as stated on the Purchase Order. Goods mean products which the Seller provides and described in the Purchase Order. Purchase Order means an order by Purchaser to purchase Goods from Seller. Personal Information includes, but not limited to Purchaser’s name, Delivery Address and payment details.

2. Purchaser Status

By completing and submitting the customer order form online or otherwise placing a Purchase Order and using the Seller’s service, the Purchaser warrants that:

(i) You are legally capable of entering into a binding contract; and

(ii) You are at least 18 years of age; and

(iii) You are resident in Australia

3. GST

We reserve the right to recover from the Purchaser all goods and services tax (GST) payable in respect of the supply of goods and services to the Purchaser.

4. Price of Goods and Payment

All Goods of the Seller are quoted in Australian Dollars (A$) to which GST is added. The Seller reserves the right to change or alter prices of products without notice. The price applicable shall be the price applicable on the date the Goods are confirmed as ordered.

5. Method of Payment

Purchaser may pay by EFT or Visa or Mastercard Debit or Credit cards via our secure payments gateway. We do not accept cheque, cash or gift card payments for Goods. Payment must be cleared before the Goods are dispatched.

6. Delivery

The Seller does not make Goods available for collection. Goods cannot be delivered to a PO Box address. A person must be at the Delivery Address to accept the Goods on delivery. Anyone at the Delivery Address who receives the Goods shall be presumed to be authorised to receive the Goods on Purchaser’s behalf. If there is no one at the Delivery Address or no one of the appropriate age to receive the Goods (or the person is unable or unwilling to provide appropriate proof of age), a calling card will be left for Purchaser. Additional charges may apply. The Seller will not accept responsibility for late delivery or non-delivery due to incomplete or incorrect details provided.

Delivery dates and/or times provided to Purchaser are at best estimates. While Seller will make all reasonable effort to meet delivery dates and times, Seller shall in no circumstances be liable for any loss and/or damage whatsoever (including consequential loss) caused by delays / prevention of despatch of Goods and/or due to any matter beyond Seller’s reasonable control or prediction.

Delivery to some remote locations may take up to 12 days.

7. Risk & Title

Legal and equitable title shall remain with Seller until Seller receives payment in full for Goods purchased by Purchaser.

The Seller’s right to retain and enforce title of Goods shall in no circumstances affect its rights as a creditor of Purchaser.

Purchaser further acknowledges full and sole responsibility for any damage and/or injury to property and/or persons and/or third parties caused by the use of the Goods.

8. Stock and Product Availability

All Goods featured on this site have been included in good faith on the basis that the Goods as described will be available at the time of the sale. Please note that customer orders are available should a product not be in stock.

9. Returns Policy

Returns will be processed in accordance with the current Seller Returns Policy. Please note that delivery fees and handling fees apply on all returns, unless required by law. Please contact us at info@calfarme.com.au if you wish to return your Goods.

10. Contacts with Third Parties

To the fullest extent permitted by law, we give no express warranty in relation to Goods and services supplied to you, and you acknowledge that you have not relied on any representation or warranty made by or on behalf of us. Where any of the consumer guarantees under the Competition and Consumer Act 2010 (the CCA) apply to any Goods or services supplied by us to you, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, our liability under or arising out of the supply of Goods and services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at our option, to:

(a) If the breach or liability relates to Goods:

(i) the replacement of the goods or the supply of equivalent Goods;

(ii) the repair of the Goods;

(iii) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or

(iv) the payment of the cost of having the Goods repaired;

(b) if the breach or liability relates to services;

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

Except to the extent the law, including the CCA, provides that liability is not able to be excluded, we shall not be under any liability to you in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Goods, any services supplied by us or the failure of us to comply with these terms and conditions.

12. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Please note that our Contract and all communications between us will be in English.

13. Privacy and Security

Personal information collected will be used for the purpose of processing the order, and may be shared with a third party delivery agent for the purposes of delivering your order. For further information please refer to Seller’s Privacy Policy.

14. Promotions and Discounts

Seller at its discretion, may honour promotions, discounts or offers currently available, however all advertised items are available only while stocks last unless otherwise stated.

15. Applicable Laws

The laws of New South Wales, Australia govern this agreement.