GOLDENPIGCO.COM.AU (THE 'WEBSITE') IS AN ONLINE SERVICE OWNED AND OPERATED BY GOLDEN PIG & CO PTY LTD ("we" or "us") - ABN 39 168 368 625. PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY VISITING THE WEBSITE, YOU ( any person or entity contacting this website for any purpose) ARE AGREEING TO BE BOUND BY THESE TERMS & CONDITIONS OF USE, WHICH SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GOLDEN PIG & CO. FURTHER, BY PURCHASING ANY ITEM FROM GOLDEN PIG & CO YOU AGREE THAT THE FOLLOWING TERMS & CONDITIONS APPLY TO ANY SUCH PURCHASE.
1. User Agreement governing this website
1.1 User agreement: If you do not agree to the terms and conditions set out in these Terms & Conditions of Use, you must not use the Website.
1.2 Your Statutory Rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
1.3 Amendments to Terms and Conditions of Use: We reserve the right to change any of these Conditions with such changes effective immediately upon posting to our Website. If the Conditions change, a notice will be posted to our Website advising You of this. It is Your responsibility to check the changes when such a notice is posted to our Website
In order to purchase goods from us you must first fill in all fields in the order form provided on our website. When providing your information in our order form, you agree to provide accurate and complete up to date information about yourself.
Once your order is placed we will accept that order as final and changes or cancellations cannot be made to the order. By placing an order, you agree to all the terms and conditions as advised by us.
Should a product not be available at the time of placing your order, we reserve the right to contact you and advise you of your options.
If any item ordered is not in stock at the time of delivery to you, we may in its absolute discretion:
- deliver the balance of the order;
- forward the missing item when it comes into stock;
- supply an agreed substitute for the item; or
- refund you the price of the missing item.
We may at our absolute discretion, replace any component with a similar alternative.
2.1 Once your order is placed and you have received a confirmation email, your order will not be dispatched until payment is received by us in full.
2.2 We are not liable or responsible for any loss suffered as a result of an order not being received by you due to:
- inaccurate information provided by you to us;
- our delivery service providers being unable to access or drop off the order at the specified address;
- an email being blocked by a firewall or filter installed on your computer; or
- where you have registered an incorrect email address, address or other contact information.
3.1 Generally, once you have made an order to purchase products on the Website, you cannot cancel that order. If, after an order has been submitted, 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 may be charged the full purchase price if that Order has commenced being processed.
3.2 We also reserve the right to cancel your order if:
- you provide an unauthorised credit card;
- we are unable to process payment on the credit card or other payment details provided;
- you provide invalid personal details;
- if, when required, you cannot provide acceptable proof of identity;
- if, for any reason, we don't reasonably believe we can successfully complete delivery.
We will attempt to notify you before cancelling your order.
4. Product Information
All products listed on our website are described to the best of our abilities and the specifications reflect the information that has been provided to us. All care is taken to ensure this information is correct, but we cannot eliminate the possibility of error.
5. Postage and Delivery
We will deliver your order to you and you may be required to sign for the package as proof of delivery. Delivery fees will be calculated in addition to the items in your order.
5.1 Regular deliveries are made to the areas listed in our order form, orders for delivery outside of these areas can be arranged at our discretion and will incur an additional delivery charge.
5.2 Deliveries are made on the Monday and Friday of each week, and you will receive a delivery time window in your confirmation. Request for a delivery time window can be made in our order form, while all attempts will be made by us to deliver your order in the requested delivery window, we have the right to allocate an alternative delivery window at our discretion. If an alternative delivery window is allocated you will be notified by the email or on the phone number provided in the current order form no more than 48 hours after the order is placed.
5.3 If you are not available when our courier delivers your order to the delivery address specified by you, you may instruct our courier to leave your order at the address specified on your order form. This must be done via email from the specified email address on your order form and arranged no less than 24 hours prior to the beginning of your allocated delivery window. An appropriate insulated storage box in the form of a cooler box, or similar, with ice and/or ice packs must be provided at the specified delivery address. If the insulated storage is deemed insufficient to maintain our products at it's specified storage temperature by our courier, your order will be returned to our warehouse and an alternative delivery time will be arranged. This will incur an additional cost payable by you.
5.4 Delivery areas may change periodically, and may vary at certain times of the year. We will list any changes on our website.
5.5 Our frozen products are delivered frozen and must be kept frozen until time of consumption, we accept no liability or responsibility for our frozen products if they are not properly refrigerated immediately after delivery.
6. Payment Conditions
- All orders must be pre-paid, or paid upon delivery of your order.
- All prices include GST (goods and services tax) and are quoted in Australian dollars.
- Please note that we do not store your credit card information on our server.
- If the card payment is declined by your issuer for any reason, we cannot hold goods against your order.
- We do not accept deposits or part payments for the purchase of any goods.
Our prices quoted in our website are current, however they may vary from time to time as determined by us.
8. Claims and Returns policy
We provide an undertaking to all our customers that goods leave our premises in 100% perfect condition. Any claim of damage to or shortfall in products received must be reported to us in writing or by email within 48 hours after receipt of the goods. All returns must be pre-approved by telephoning us.
Once goods are dispatched, there will be strictly no refunds other than for defective merchandise.
Merchandise will not be accepted as returned if it is not in its original packaging and intact.
We will offer a refund only if we are unable to replace the defective goods and if we are contacted within 48 hours from the invoice date. No refunds are offered after 48 hours.
No refunds are offered if you have changed your mind about the goods.
Delivery and shipping costs are non-refundable.
Refunds will be issued by credit to the nominated credit card.
Refunds will only be issued to the extent required by the Trade Practices Act 1974 (Cth) and the respective state Sale of Goods Act legislation.
We are not responsible for any products returned without a return authorisation (RA) identity.
We are not liable under this warranty where a defect is caused by fair wear and tear, by careless or improper handling, non-adherence to storage instructions or by other abuse or misuse caused by you or a third party.
We reserve the right to charge you for the cost of examining the goods if it is subsequently revealed that the goods are not defective.
Where a refund is authorised, there may be a delay of up to and possibly exceeding, 28 days from the authorisation date.
10. Risk and Title
10.1 The risk of loss of goods shall be passed to you upon our delivery of the order to the delivery address nominated on the relevant order form. If you authorise for each order you purchase from us to be left at your specified address, your order will have been taken to be delivered when it is dropped off at that address. We will not be held responsible for any loss, damage or liability as a result of this authority.
10.2 Title in the order (including the products comprising the order) passes to the purchaser
- at the time when the courier delivers the order to the specified address; or
- in the event alternate delivery arrangements are made where the purchaser collects the order, title passes to the purchaser at the time the purchaser takes possession of the order.
11. Legal Capacity
By making an order to purchase products, you warrant to Golden Pig & Co Pty Ltd that you are:
- eighteen (18) years of age or above; and
- entering into a legally binding contract with us with respect to that order.
12. Unauthorise use of the Website
12.1 You agree to use this Website only for purposes that are permitted by:
- these Terms & Conditions of Use; and/or
- any applicable laws or regulations.
12.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable, manipulate or otherwise interfere with security-related features of the Website.
12.3 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that we may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
13. Limitation of Liability
The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms & Conditions of Use can exclude or restrict the application of such laws but, to the extent that it can under these laws, we not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these consumer laws. Subject to claims available under consumer protection laws, Golden Pig & Co Pty Ltd in not liable:
- to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website;
- for disruptions to this Website; and
- to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
13.2 For claims that cannot be excluded or restricted under consumer protection laws, the liability of Golden Pig & Co Pty Ltd for such a claim will (at Golden Pig & Co Pty Ltd option and to the extent permitted by law) be limited to:
- in the case of goods: (i) replacing those goods; or (ii) paying the cost of having those goods replaced; and
- if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.
You will at all times indemnify, and keep indemnified, Golden Pig & Co Pty Ltd from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Golden Pig & Co arising from any claim, demand, suit, action or proceeding by any person against you or Golden Pig & co. where such loss or liability arose out of, in connection with or in respect of your conduct or breach of any Specific Terms or other term or condition relating to an offer (as specified in these Terms & Conditions of Use) or a Merchant's standard terms and conditions and policies.
We do not take responsibility for direct or indirect damages and consequential losses suffered by use of fraudulent or unauthorised credit cards. We do not take responsibility for direct or indirect damages and consequential losses associated with damage to goods occurring during delivery.
By accepting these terms and conditions, you acknowledge that you have sufficient notice of this disclaimer and have entered into this transaction and accepted this disclaimer of your own free will.