Terms and Conditions
1888 CERTIFIED DOUBLE BAY PTY LTD
Thank you for accessing http://1888certified.com.au/ an Australian Butcher owned and operated by 1888 Certified Double Bay Pty Ltd (hereafter referred to as 1888 Certified) (ABN 75 604 867 683), Shop K2 , 1 Kiaora Lane , Double Bay , NSW 2028 , Australia.
1888 Certified Double Bay Pty Ltd operates on the Internet portal http://1888certified.com.au/, with a dedicated shop sub domain; https://shop.1888certified.com.au and an encrypted order/checkout shared SSL https://1888certified.secure1.com.au.
References to “we”, “our” and “us” are references to 1888 CERTIFIED and http://1888certified.com.au/. 1888 CERTIFIED operates this Website for the purpose of promoting and selling certain products and services. These Terms & Conditions govern your relationship with 1888 CERTIFIED and all orders that you may make for the food and other products that are promoted on the Website (PRODUCTS).
Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. By registering with the Website and placing an order for the purchase of a Product (ORDER), you signify your acceptance of these Terms and Conditions. From time to time 1888 CERTIFIED may modify the Terms and Conditions so please continue to review them whenever accessing or using this WEBSITE and particularly prior to placing an ORDER. If at any time you do not wish to accept these Terms and Conditions then you may not use this WEBSITE and you should not place any ORDERS with us.
These Terms and Conditions are to be interpreted in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
1888 Certified welcomes you to our website! We have worked hard to make our website as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.
The information on this website is provided for general information only. 1888 Certified has provided this information for the benefit of users in good faith and with reasonable care.
Accordingly, 1888 Certified does not accept any liability for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.
AGREEMENT: is an agreement between you and 1888 CERTIFIED to supply goods, and consists of the order and these conditions and any agreed written variations;
DELIVERY ADDRESS: is the address to which the goods are to be delivered as stated on the ORDER;PICKUP: Goods are to be collected at Shop K2 , 1 Kiaora Lane , Double Bay , NSW 2028 .
PICKUP TIME : Goods will be available at the specified time that you input when ordering the goods. If no time is entered then pick up will be assumed to be 2 hrs from order placement.
GOODS OR PRODUCTS: are goods described in an ORDER (including packaging);
INTELLECTUAL PROPERTY RIGHTS: includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise;
ORDER: is an order by you to purchase goods from 1888 CERTIFIED ;
PRODUCT LIST: is the list of goods displayed on the 1888 CERTIFIED website, as amended from time to time;
DELIVERY FEE: is the fee payable to 1888 CERTIFIED in respect of delivery of the goods and handling costs associated with processing your order, as advised by 1888 CERTIFIED from time to time;
PURCHASE PRICE: The purchase price of the goods as shown on the PRODUCT LIST is the purchase price which is applicable at the time you view it.
1. GENERAL CONSIDERATIONS
- 1.1 The offering on this site is only directed at end users of LEGAL AGE. By
accepting these Terms and Conditions and becoming a a MEMBER. You warrant that you are 18 YEARS old or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use our services.
- 1.2 In order to make an ORDER to purchase Products, you will need to register an account with us and become a member. You must ensure that the detailsprovided by you on registration or at any time are correct and complete. You must also promptly inform us of any changes to the information that you provided whenregistering (including your preferred DELIVERY ADDRESS and email address) by updating the personal details in your account. When you register an account, youwill receive communications from 1888 CERTIFIED relating to Offerings and will be able to place ORDERS.
- 1.3 For the avoidance of doubt, the promotion and publication of Products on the WEBSITE or within any email correspondence that you receive from 1888 CERTIFIED does not constitute an offer from us to sell you the PRODUCTS that are the subject of the Deal. The promotion and publication of PRODUCTS on the WEBSITE or within any email correspondence that you receive from 1888 CERTIFIED is an invitation to treat only.
- 1.3.1 . By submitting an ORDER by clicking “ORDER” you make a binding contract offer. After submitting your ORDER, you will receive a confirmation email from 1888 CERTIFIED .
- 1.4 Items will only be sold in what 1888 CERTIFIED deems to be normal household quantities. The offers are made as part of a sales event, which means they are limited in time and quantity. These TERMS AND CONDITIONS are applicable to all contracts entered into between 1888 CERTIFIED and members as well as to all general business relationships between 1888 CERTIFIED and its members. 1888 CERTIFIED does not accept any other TERMS AND CONDITIONS unless explicitly stated otherwise.
- 1.5 Your submission of an ORDER cannot be withdrawn or canceled except as stated in this TERMS AND CONDITIONS. We reserve the right to accept or reject your ORDER to enter a contract to buy PRODUCTS from us for any reason (or no reason). If we reject your ORDER, we will charge-back the full PURCHASE PRICE to your credit card.
- 1.6 1888 CERTIFIED takes steps to accurately describe the availability of PRODUCTS within a specific delivery window, stock availability and/or delivery capacity does vary. In the event that an ORDERED PRODUCT is not available or we are unable to fulfil your ORDER we may attempt to arrange an alternative PRODUCT, an alternate delivery window or will provide a full refund.
- 1.7 This TERMS AND CONDITIONS are only for private consumers, products are not for re-sale and may not be used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. You warrant that you shall not re-sell any of the PRODUCTS or use Products for advertising, promotion or other commercial purposes.
- 1.8 You are responsible for any costs associated with accessing the 1888 CERTIFIED WEBSITE site and placing an ORDER for PRODUCTS with 1888 CERTIFIED , including any Internet provider fees.
2. PLACEMENT OF ORDERS
- 2.1 Before placing an ORDER at the WEBSITE make sure that the DELIVERY ADDRESS which you nominate is within a suburb where 1888 CERTIFIED provides delivery. Please ensure that your DELIVERY ADDRESS andsuburb are correct, as orders for delivery to addresses in suburbs that are not in the 1888 CERTIFIED delivery area will not be processed. 1888 CERTIFIED will not be obliged to continue to deliver goods to you if you change your DELIVERY ADDRESS and the new DELIVERY ADDRESS is not in an area within which 1888 CERTIFIED delivers goods.
- 2.2 You must place an ORDER at the WEBSITE by selecting PRODUCTS and pressing the “Submit Order” button. ORDERS are deemed to be received by 1888 CERTIFIED at the time of successful transmission of the ORDER.
3. PAYMENT AND PRICE
- 3.1 All transactions are processed in Australian Dollars (AUD).
- 3.2 In cases where prices are displayed incorrectly on the WEBSITE due to technical errors, 1888 CERTIFIED reserves the right to cancel any contract in relation to the incorrectly priced items. The burden of proof regarding an error lies with 1888 CERTIFIED . Payments already made will be refunded immediately.
- 3.3 For WEBSITE ORDERS, the prices applied are the ones listed at the time of your ORDER on the PRODUCT LIST. The prices are final prices inclusive of GST (where applicable) and all other price components excluding DELIVERY FEE. The DELIVERY FEE will be indicated on the product page and are determined mainly by the size, weight of the goods and suburb.
- 3.4 Payments may be made by credit card (Visa and MasterCard and others) or PayPal.
- 3.5 1888 CERTIFIED will charge credit card payments to your credit card immediately after receipt of an ORDER.
- 3.6 With the prepayment method, you receive the account data of 1888 CERTIFIED with your ORDER confirmation.
- 3.7 You must ensure that 1888 CERTIFIED is provided with details of a valid credit card (Visa or MasterCard and others).
- 3.9 If your credit card is declined by your financial institution, 1888 CERTIFIED will not be able to guarantee delivery within the specified delivery window and may contact you.
- 3.11 You agree to compensate 1888 CERTIFIED in full against any and all reasonable costs and expenses (including reasonable legal costs and expenses) that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these TERMS AND CONDITIONS.
- 3.12 When deliver the goods, a tax invoice will be placed at the pack of the products. The tax invoice provided by 1888 CERTIFIED will specify the TOTAL PRICE for the ORDER including the DELIVERY FEE.
4. LATE CANCELATION
- 4.1 If you cancel an ORDER after the ORDER has been processed, 1888 CERTIFIED may charge you and you must pay a LATE CANCELLATION FEE of $30.
- 4.2 Where a cancelled ORDER attracts a Late Cancellation Fee 1888 CERTIFIED may deduct payment of the fee from any credit balance it holds on your behalf or may charge for the LATE CANCELLATION FEE at the time of delivery of your next ORDER.
5. DELIVERY FEES AND RULES
- 5.1 1888 Certified is currently not offering a delivery service. We will advise you if this changes. All orders are on a customer pick up basis only.
6. LIABILITY AND INCORRECT PRODUCTS
- 6.1 You must inspect the PRODUCTS as soon as possible after pick up and notify us promptly if you find any defects, by emailing us on firstname.lastname@example.org . We will replace or refund you for defective PRODUCTS. Otherwise our liability is limited as provided in this section of these TERMS AND CONDITIONS.
- 6.2 1888 CERTIFIED has no responsibility for PRODUCTS if they are not properly refrigerated in a reasonable time after pick up
- 6.3 If you have ordered a PRODUCT that is priced per kilo, in which case the actual purchase price for the good is calculated by 1888 CERTIFIED after the good has been weighed and the purchase price charged will be the lower of the ,purchase price per kilo applicable at the time you place your ORDER and the purchase price per kilo applicable at the time your ORDER is processed.
- 6.4 Any PRODUCT ‘weight’ claims we make on the WEBSITE are accurate to at least 5% of the published weight. In the event that you believe your PRODUCT is underweight in excess of 5% of the stated weight, please return to our store and we will weigh the unopened PRODUCT at our store and replace or refund at our discretion.
- 6.5 In some cases a PRODUCT photo displayed may reflect a suggestion of how the PRODUCT could be used/displayed, and this will be specified in the PRODUCT description.
- 6.6 Due to screen resolution, the image of a PRODUCT may vary slightly in colour to the actual colour of the PRODUCT.
- 6.7 1888 CERTIFIED aims to include in the PRODUCT LIST up-to-date pictures of the goods. At times, the picture of the PRODUCTS on the PRODUCT LIST may differ from the GOODS actually supplied to you. 1888 CERTIFIED does notwarrant the accuracy of the information contained in the PRODUCT LIST and recommends that you read the labels on PRODUCTS carefully before consuming then.
7. CANCELLATIONS & REFUNDS
- 7.1 We do not give refunds if you change your mind regarding an ORDER and will not be to entitled to any credit or full or partial refund on the purchase price for the relevant Products Ordered, except as required by law.
- 7.2 If, after an ORDER has been submitted and accepted by us, you want to cancel or amend an ORDER, we will use reasonable endeavours to cancel or amend that ORDER in accordance with your instructions, provided that the ORDER has not yet commenced being processed. However, you do not have a general right to cancel or amend any ORDER once it has been accepted by us.
- 7.3 We reserve the right to cancel your ORDER if:
- 7.3.1 We are refused authority from your card issuer for payment or we reasonably believe;
B. We cannot otherwise process payment on the credit card details you have provided;
- 7.3.2 For any reason, we don’t reasonably believe we can successfully complete delivery that payment will be refused; in which case we will use all reasonable endeavours to notify you prior to such cancellation.
- 7.4 If you wish to make a claim for a replacement PRODUCT, refund or credit because:
- 7.4.1You believe that a PRODUCT, which was ordered by you and which was in stock, has not been provided;
- 7.4.2 You are not satisfied with the quality of the PRODUCTS you have purchased;
- 7.4.3 For any other reason stated in this TREMS AND CONDITIONS, OR You must email 1888 CERTIFIED at email@example.com . An 1888 CERTIFIED representative will assess your claim for a replacement PRODUCT, credit or refund of the PURCHASE PRICE. 1888 CERTIFIED reserves the right to inspect the PRODUCTS before making the assessment. 1888 CERTIFIED will not pick up any PRODUCTS that you do not accept.). This is in addition to and does not limit or replace your rights under consumer laws.
- 7.5 Credit for the value of any PRODUCTS that you return or credits applied for any other reason (including customer care or promotional activity), will be applied to your next ORDER where your next ORDER is a greater value than the credit. 1888 CERTIFIED credit will be valid for use one year from the date of issue. Any balance that remains will not be available for use after the expiry date. To check the expiry or balance of your credits please ask an 1888 representative in store or by phone.
8. FAULTY ITEMS
- 8.1 The Australian Consumer Law (“Law”) which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties that cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Law, a “major” failure, then the remedy will be limited to a refund at your election. In all other cases, a breach of such warranty will give rise to a refund or voucher at our election.
- 8.2 As supplier, we provide the following express warranties subject to the following TERMS AND CONDITIONS:
- 8.2.1 We will refund or offer a purchase, if, for the purchase as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the PRODUCT you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the PRODUCT is such that a reasonable consumer aware of the issue would not have acquired the PRODUCT.
- 8.2.2 Where a refund is to be provided under the terms of this warranty, we may, to the extent permitted under the Law, require the return of the PRODUCT item to us before refunding it. We will pay for, or reimburse you for, any DELIVERY COSTS to return the original item to us, provided there is fault with the PRODUCT.8.2.3 Refunds will be issued in the form of shop credit, by direct deposit or via the credit card used in original purchase at our discretion.
- 8.3 In order to obtain these remedies:
- 8.3.1. You must notify us within 1 hour of supply of the PRODUCTS and provide images of damaged or incorrect PRODUCT to be returned. Please contact us at firstname.lastname@example.org , phone or in person in store. Once contacted we will advise the next course of action. Images will be required. We will not accept PRODUCTS returns for no valid reason and when no prior contact has been made with us.
- 8.3.2 Except if and to the extent the Law requires otherwise, refund and reimbursement of DELIVERY COSTS will not be made until the original product is received by us and your claim verified.
- C. We aim to process refunds within 14 days of receipt by us of the original PRODUCT.
- 8.3.3 We will not refund or replace a PRODUCT where, in our reasonable opinion, the product has, following sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with 1888 certified or producers instructions, using it in an abnormal way or failure to take reasonable care.
- 8.3.4 Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
(i) the replacement of the PRODUCTS or the supply of equivalent PRODUCTS;
(ii) the repair of the PRODUCTS;
(iii) the payment of the cost of replacing the PRODUCTS or of acquiring equivalent PRODUCTS; or the payment of the cost of having the PRODUCTS repaired.
9. VOUCHERS AND PROMOTIONS
- 9.1 Terms and Conditions for current promotions will be published on the WEBSITE.
- 9.2 The following provisions apply to all vouchers ( The words “gift cards” have the same meaning as voucher in the context of 1888 CERTIFIED promotions.
- 9.2.1 Gift Cards are only valid for the period announced at issue for a particular sales campaign. An extension or a transfer to a different sales event is not possible.
- 9.2.2 Gift Cards are non-transferable.
- 9.2.3 Gift Cards cannot be deducted from DELIVERY COSTS.
- 9.2.4 Gift Cards can be tied to a minimum order value. For administrative reasons it is not possible to refund remaining funds.
- 9.2.5 Should the price of your order exceed the balance in a Gift Card, you can compensate the difference through the payment methods available.
- 9.2.6 1888 CERTIFIED reserves the right to accept only one Gift Cards (voucher) per ORDER.
- 9.2.7 Gift Cards are not paid in cash and cannot earn interest.
- 9.2.8 Gift Cards will not be refunded, should you return the PRODUCTS wholly or partly, or if PRODUCTS can only be delivered in part.
- 9.2.9 Lost or, in particular, stolen Gift Cards will not be refunded. 1888 CERTIFIED assumes no liability for lost vouchers.
10. INTELLECTUAL PROPERTY RIGHTS AND USE OF THE WEBSITE
- 10.1 You acknowledge that 1888 CERTIFIED or its related corporations own or are licensed to use all INTELLECTUAL PROPERTY RIGHTS in 1888 CERTIFIED , including any images, photographs or text which appears on the 1888 CERTIFIED WEBSITE. You must not make any representation to the contrary and you must not use or copy 1888 CERTIFIED in any manner which is inconsistent with the rights of the owner or licensee of such INTELLECTUAL PROPERTY RIGHTS. You acknowledge that any trademarks or logos which appear on the 1888 CERTIFIED WEBSITE are owned by or licensed to 1888 CERTIFIED or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
- 10.2 You may only use the WEBSITE and the Content on the WEBSITE for personal purposes unless 1888 CERTIFIED provides express written consent. You must not:
- 10.2.1 By any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the WEBSITE or any Content contained on the WEBSITE;
- 10.2.2 Do anything that imposes an unreasonable or disproportionately large load on the WEBSITE, or interferes or disrupts the WEBSITE or any network or WEBSITE connected to the WEBSITE;
- 10.2.3 Breach the security of the WEBSITE, test or scan the vulnerability of the WEBSITE, or make any unauthorised modifications to the WEBSITE;
- 10.2.4 Interfere with any other persons use or enjoyment of the WEBSITE. Post, or transmit to the WEBSITE any abusive, obscene, defamatory, or otherwise inappropriate material;
- 10.2.5 Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the WEBSITE, or to reproduce or separately store or use such Content;
- 10.2.6 Use the WEBSITE or any Content in any way that is unlawful, illegal or breaches the rights of 1888 CERTIFIED or any third party; and
- 10.2.7 Use the WEBSITE in any way that otherwise breaches these terms.
11. THIRD PARTY WEBSITES
- 11.1 The WEBSITE contains links to other web sites controlled by third parties (Third Party Websites). 1888 CERTIFIED is not responsible for any content on THIRD PARTY WEBSITES nor does it endorse or approve such WEBSITES. If you choose to visit these THIRD PARTY WEBSITES you do so at your own risk and should make your own enquiries before relying on any content contained on such THIRD PARTY WEBSITES.
- 11.2 1888 CERTIFIED makes no representations about the quality or accuracy of material available on THIRD PARTY WEBSITES, or that such material does not infringe the intellectual property rights of a third party.
12. USERNAME AND PASSWORD
- 12.1 You must take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You release and indemnify 1888 CERTIFIED in relation to any liability arising out of the unauthorised use of your user name or password.
13. NOTIFICATION OF CHANGES
- 13.1 1888 CERTIFIED may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided. Your use of 1888 CERTIFIED after notice will constitute your deemed acceptance of such changes.
14. PRIVACY & SECURITY
- 14.2 When purchasing from 1888 CERTIFIED your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre through our website.
- 14.3 If you would like to view, modify or delete the information that we hold of you as a user of this website or customer, please email us on email@example.com or write to us at: Shop K2 , 1 Kiaora Lane , Double Bay , NSW 2028
- 15.1 1888 CERTIFIED may terminate or suspend this Agreement at any time by delivering notice or by sending you a system message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. 1888 CERTIFIED , in its discretion, may elect to terminate a user name or refuse to deliver to a particular address.