By ordering and/or purchasing products from our website, you are entering into a public wholesale agreement and you confirm that you accept our terms and conditions. Delivery fees and available areas can be found here.
HAND SOURCED: WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
- Welcome to www.handsourced.com.au (Website). The Website provides You with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting You access to the content on the Website (Purchase Services).
- The Website is operated by Shirley-Ann Harring t/as Hand Sourced (ABN: 54 707 547 455). Access to and use of the Website, or any of its associated Products or Services, is provided by Hand Sourced. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that You have read, understood and agree to be bound by the Terms. If You do not agree with the Terms, You must cease usage of the Website, or any of Services, immediately.
- Hand Sourced reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Hand Sourced updates the Terms, it will use reasonable endeavours to provide You with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to You by Hand Sourced in the user interface.
3. Registration to use the Purchase Services
- In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of Your continued use of the Purchase Services, You may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
- Business name
- Business address
- Email address
- Preferred username
- Mailing address
- Telephone number
- You warrant that any information You give to Hand Sourced in the course of completing the registration process will always be accurate, correct and up to date such as providing:
- the delivery address in full, including flat, apartment, house number and/or security entry codes; and
- the company name and recipient when a company address is provided.
- Once You have completed the registration process, You will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member You will be granted immediate access to the Purchase Services.
- You may not use the Purchase Services and may not accept the Terms if:
- You are not of legal age to form a binding contract with Hand Sourced; or
- You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which You are resident or from which You use the Purchase Services.
4. Your obligations as a Member
- As a Member, You agree to comply with the following:
- You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Hand Sourced of any unauthorised use of your password or email address or any breach of security of which You have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by You for the purposes of Hand Sourced providing the Purchase Services;
- You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Hand Sourced for any illegal or unauthorised use of the Website; and
- You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products
- You can purchase the advertised Products directly through the website (subject to availability). Except where noted otherwise, the price displayed for Products represents the full wholesale price in accordance with standard industry practice.
- Specific cuts of meat can only be ordered if they are listed for sale on the website.
- Customers may order a whole, half or an equal quarter of any animal including all bones, trimmings and offcuts, subject to advertised availability. The descriptions for each Product outline the weight You will receive depending on if You purchase hot (live) weight, dressed (killed) weight and/or butchered (ready to eat) weight. Please refer to the product tabs when purchasing.
- Hand Sourced cannot guarantee specific delivery and collection times. Delivery and collection dates depend on what Product You have ordered, where the farm is located and if the Product is in stock. Please contact Hand Sourced here before ordering to enquire about receiving a Product by a particular date.
- In some circumstances, you may be able to increase or combine multiple orders up to 48 hours before the date of delivery or pick up, and any request to do so will be dependent upon the individual order. The delivery fees may increase if You increase or combine orders that are processed or shot to order. You cannot decrease or cancel your order once your order has been placed.
- If You plan to organise a delivery company to collect your Products, You must request a weight guide from Hand Sourced prior to submitting Your order and paying Your Deposit.
- If Your order is not completed, paid in full or collected, any Products held on your behalf will be destroyed once they reach their ‘best before’ date. Any monies paid are not refundable.
- In using the Purchase Services to purchase the Product through the Website, You will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price). The Purchase Price includes:
- the deposit payable at the time of ordering (Deposit);
- the final payment payable according to the invoice issued to You by Hand Sourced after ordering (Final Payment); and
- the costs to holds the Product if the Final Payment is not received by Hand Sourced by the due date (Holding Costs).
- If You place an order and do not complete it, Hand Sourced will attempt to contact You 3 times within a calendar week to finalise Your order. If Hand Sourced cannot contact You within this timeframe, Your order will be cancelled, and You will forfeit the Deposit.
- Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), exclusive amounts.
- Hand Sourced may record your purchase details for future use.
- Hand Sourced reserves the right to accept or reject your order for any reason, including if the requested Product is not available or if you reside outside the delivery zones outlined on the delivery or freight page.
Deposit & Final Payment
- Payment of the Deposit and Final Payment may be made through direct deposit, credit card or Pin Payments (Payment Gateway Providers).
- Following payment of the Deposit being confirmed by Hand Sourced, You will be issued with:
- a receipt to confirm that the payment of the Deposit has been received;
- an invoice for the Final Payment due on or before the delivery of the Product; and
- an estimated delivery date.
- Due to the variable weights of the Products, all delivery dates and costs are estimates only and cannot be confirmed until the Products are packed and ready for dispatch.
- All deposits are non-refundable.
- Hand Sourced holds some frozen and refrigerated Products at an external cold store until the Final Payment is received by Hand Sourced.
- If holding is required, holding costs will be payable by you and will be charged at a rate to be advised, and will be dependent upon location.
- If Hand Sourced has not received the Final Payment by the due date stipulated on the invoice, Holding Costs will accrue on a pro rata basis from the due date onwards and be invoiced separately.
6. Handling & Packaging
- Hand Sourced stores and dispatches all Products in accordance with its Certificate of Accreditation 124202000 under the Food Production (Safety) Act 2000.
- Where Hand Sourced receives Products that are chilled, the Products are stored under 2 degrees Celsius for 3 days after they are delivered to Hand Sourced’s commercial premises. After 3 days, Hand Sourced reserves the right to snap freeze the goods to keep the Products at premium quality.
- Where Hand Sourced receives Products that are snap frozen, the Products are stored in commercial blast freezers until delivery or collection.
- All items are packed in accordance with the SafeFood QLD, SafeFood VIC and SafeFood NSW requirements. Fresh animals are cryovaced (vacuum sealed) or airlock bagged after butchering. Your items will be packed in sealed cardboard boxes.
- You can eat, refrigerate or freeze the Products to fit Your needs once delivered or collected.
7. Passing of title and risk
- The title to the Products will pass to You once Hand Sourced receives the Purchase Price in full.
- Risk in each order passes to You once the Products are dispatched for delivery. Risk means the responsibility for the Products in general, including those relating to delivery, handling, storage and other relevant responsibilities.
- Hand Sourced does not hold insurance to cover the delivery of Products.
8. Delivery, Collection & Product Storage
- You acknowledge that the Purchase Services offered by Hand Sourced may integrate delivery (the Delivery Services) through the use of third-party delivery companies (the Delivery Service Providers).
- All shipping and delivery dates are estimates, and any delivery date provided to You by Hand Sourced is not guaranteed. Weather delays and other unforeseen circumstances may impact delivery time. Hand Sourced will strive to meet the requirements of Your anticipated delivery date. However, Hand Sourced will not be liable for any losses You suffer as a result of a delay.
- In providing the Purchase Services, Hand Sourced may provide You with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that, in these circumstances, Hand Sourced is not the provider of these delivery options and merely facilitates Your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
- In using the Purchase Services, You warrant that You have familiarised yourself with the delivery areas and costs contained on the Delivery and Freight page of the website.
- Hand Sourced checks all Products carefully before dispatch. Hand Source takes no responsibility for any deterioration of Products which may occur during delivery including, but not limited to:
- incorrect transportation by the Delivery Service Providers;
- You not being home/available to receive the delivery of the Products. If You are not available during normal business hours, please make alternative arrangements for the delivery. All Products must be received in person and cannot be left unattended.
- If no one is available to receive the Products, You will be liable to pay any docking and delivery fees to return the Products to Hand Sourced. You will also be liable to pay for any additional delivery fees for subsequent delivery attempts. The fees will be charged to the initial payment method.
- If no one is available to receive the Products and the Products have been returned to Hand Sourced, Hand Sourced will not be liable for any deterioration of Products. Hand Sourced will use its best efforts to communicate with You to organise re-delivery however, any Products held on Your behalf will be destroyed once they reach their ‘best before’ date.
- In the event that an item is lost or damaged in the course of the Delivery Services, Hand Sourced asks that you:
- contact the Delivery Service Provider directly to request a refund; and
- contact Hand Sourced outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.
- Although Hand Sourced will endeavour to assist You with a missing, damaged or lost order, please note that once an order is collected from Hand Sourced it is in the care of the Delivery Service Provider. Hand Sourced is not responsible for missing, damaged or lost goods or damage caused during delivery. Please ensure shipping confirmation details are kept securely in case further investigation is required. When possible, Hand Sourced will track all orders to prevent this from happening.
- Hand Sourced reserves the right to withhold the Deposit for orders that fall outside of delivery areas or where You deem delivery costs are too high.
- In using the Purchase Services, You warrant that You have familiarised yourself with the collection points contained in any relevant listing.
- You agree to collect, or organise the collection, of any Products on or before the agreed date.
- Hand Sourced is happy to work with Your chosen delivery company. If You organise a delivery company to collect any Products, cross-dock and release fees apply to all road deliveries.
- Hand Sourced checks all Products carefully before dispatch. Hand Sourced takes no responsibility for any deterioration of Products which may occur during pick-up and transportation by You including, but not limited to exposure to direct sunlight, frost, humidity or heat.
- Orders may be collected from Hand Sourced’s collection points. Details are present on each listing of what items may be collected and in what circumstances.
- Hand Sourced requires notice in writing at least 24 hours’ before You can collect the Products.
- Details for the collection of Products will be issued after Hand Sourced receives the Final Payment.
- You should ensure that all Products are stored in appropriate conditions. Hand Sourced takes no responsibility for any deterioration of Products which may occur due to:
- incorrect storage conditions by You (e.g. exposure to direct sunlight, frost, humidity or heat);
- incorrect defrosting and/or cooking methods by You.
9. Returns & Refunds Policy
- Due to the nature of the goods supplied, Hand Sourced returns and refunds are not available outside of the statutory rights set out in the Australian Consumer Law (Refund Policy).
- Before making a purchase, please read this Refund Policy so that You can understand Your rights and what You can expect from Hand Sourced if You are not satisfied with Your order.
- It is Your responsibility to inspect the Goods on delivery and advise Hand Sourced within 24 hours of any alleged defect, shortage in quantity, damage or failure to comply with the description.
- Please note that Hand Sourced does not provide returns or refunds for change of mind, or if your perception of the order differs from that advertised. Please keep this in mind when making a purchase.
10. Cancellation of Orders
- Hand Sourced reserves the right to cancel an order and withhold the Deposit where:
- a Product has been listed at an incorrect price or has incorrect written information or images. The amount of the Purchase Price that has been paid by You will be refunded via the payment method used for the initial purchase;
- You have provided an incorrect email address and Hand Sourced is unable to contact You for at least 2 months.
- Hand Sourced reserves the right to cancel an order and withhold the Deposit where:
- Hand Sourced’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty). A major failure with a product under Australian Consumer Law includes, but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
- If You have received a Product that You believe is faulty or defective, please contact firstname.lastname@example.org with photographic proof.
- Information and Product Disclaimer
- Any information provided to You by Hand Sourced regarding the use of any Product is for educational purposes only. It is Your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
- Hand Sourced makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
13. Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related products of Hand Sourced’s are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes and are reserved by Hand Sourced or its contributors.
- Hand Sourced retains all rights, title and interest in and to the Website and all related content. Nothing You do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Hand Sourced; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Hand Sourced and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
15. Mailing List
- While using the Website, You will be given the opportunity to sign up for the Hand Sourced Mailing List. If You choose to sign up for this service You agree to receive promotional materials, updates and other content from Hand Sourced via email.
- You can opt out at any time by following the unsubscribe process contained in the email or contacting Hand Sourced here.
16. General Disclaimer
- You acknowledge that Hand Sourced does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- Hand Sourced will make every effort to ensure a Product is accurately depicted on the Website, however, You acknowledge that sizes, colours and design may differ from what is displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Hand Sourced will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products of Hand Sourced is at Your own risk. Everything on the Website, the Purchase Services, and the Products of Hand Sourced, are provided to You on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Hand Sourced make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Hand Sourced) referred to on the Website. This includes (but is not restricted to) loss or damage You might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of You using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
17. Limitation of Liability
- Hand Sourced’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by You under these Terms or where You have not paid the Purchase Price, then the total liability of Hand Sourced is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Hand Sourced, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Hand Sourced is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Hand Sourced, by third parties or by any of the Purchase Services offered by Hand Sourced.
18. Termination of Contract
- The Terms will continue to apply until terminated by either You or by Hand Sourced’s as set out below.
- If You want to terminate the Terms, You may do so by:
- notifying Hand Sourced at any time; and
- closing Your accounts for all of the Purchase Services which You use, where Hand Sourced has made this option available to you.
- Your notice should be sent, in writing, to Hand Sourced via the ‘Contact’ link on our homepage.
- Hand Sourced may at any time, terminate the Terms with You if:
- You have breached any provision of the Terms or intend to breach any provision;
- Hand Sourced is required to do so by law;
- the partner with whom Hand Sourced offered the Purchase Services to You has terminated its relationship with Hand Sourced or ceased to offer the Purchase Services to you;
- Hand Sourced is transitioning to no longer providing the Purchase Services to Users in the country in which You are resident or from which You use the service; or
- the provision of the Purchase Services to You by Hand Sourced is, in the opinion of Hand Sourced, no longer commercially viable.
- Subject to local applicable laws, Hand Sourced reserves the right to discontinue or cancel Your membership to the Website at any time and may suspend or deny, in its sole discretion, Your access to all or any portion of the Website or the Purchase Services without notice if You breach any provision of the Terms or any applicable law or if Your conduct impacts Hand Sourced name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that You and Hand Sourced have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify Hand Sourced, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content You post through the Website;
- any direct or indirect consequences of You accessing, using or transacting on the Website or attempts to do so and any breach by You or Your agents of these Terms; and/or
- any breach of the Terms.
20. Venue and Jurisdiction
- The Purchase Services offered by Hand Sourced is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, You agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
21. Governing Law
- The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
22. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.