Terms of service

WELCOME TO CLEAVERSORGANIC.COM.AU

• Purpose of Policy
  • This policy sets out the Terms and Conditions on which Cleaver’s Organic Meats Pty Limited ACN 141 021 703 (“Cleavers, we or us”) will supply to you the products listed on our Website Cleaversorganic.com.au.
  • By using  the Website, you agree to be bound by its Terms and Conditions, Privacy Policy and all other disclaimers and any other terms and conditions that appear elsewhere on the Cleaversorganic.com.au Website.
  • You should read these Terms and Conditions carefully before ordering any products from our Website.

• General
  • Cleavers, the owners of Cleaversorganic.com.au, reserves the right to make changes to the Cleaversorganic.com.au Website, its Terms and Conditions and legal notices at any time.
  • Each time you use the Cleaversorganic.com.au Website, you should visit and review the then current Terms and Conditions, legal notices and privacy policy that apply to your transactions and use of this Website.
  • If you are dissatisfied with the Cleaversorganic.com.au Website, its content or Terms and Conditions or legal notices or privacy policy, you agree that your sole and exclusive remedy is to discontinue using the Cleaversorganic.com.au Website.
  • Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

• Disclaimers and Limitation of Liability
  • By using the Cleaversorganic.com.au Website, you expressly agree that use of the Website is at your sole risk.
  • The following clauses exclude or limit our liability for your use of the Website. They all apply so far as the law permits.
  • The Cleaversorganic.com.au Website is provided on an "as is" and "as available" basis. Neither Cleavers nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Cleaversorganic.com.au Website will be uninterrupted or error-free.
  • Neither Cleavers nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Cleaversorganic.com.au Website or the products or services offered for sale on the Cleaversorganic.com.au Website.
  • Cleavers makes no representation that content provided on the Cleaversorganic.com.au Website is applicable to, or appropriate for use in, locations outside of Australia.
  • Cleavers and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose.
  • No oral advice or written information given by Cleavers or its Associates shall create a warranty.
  • Under no circumstances shall Cleavers  or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Cleaversorganic.com.au Website, including but not limited to reliance by you on any information obtained from the Cleaversorganic.com.au Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance.

The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Cleavers has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Cleaversorganic.com.au Website.

• • Nothing in these Terms and Conditions excludes or limits our liability for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Any breach of the obligations implied by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation; or
• Any other matter for which it would be illegal for us to exclude or attempt to exclude liability.

• Errors
  • Prices and availability of products and services are subject to change without notice.
  • Errors will be corrected where discovered, and Cleavers reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
  • If your credit card has already been charged for the purchase and your order is cancelled, Cleavers will issue a credit to your credit card account in the amount of the charge.
  • Individual bank policies will dictate when this amount is credited to your account.
  • If you are not fully satisfied with your purchase, you may refer to Our Unconditional Guarantee.

• Gift Cards
  • Any Gift Cards issued Cleavers are subject to the Terms and Conditions listed on each card.
  • The Gift Cards do not expire, and any remaining balance can be used for future purchases.
  • We reserve the right to withdraw or cancel any Gift Cards, other than a paid-up gift card, for any reason at any time.

• Validating Your Order
  • After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address.
  • We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason.

• If we reject your order, we will attempt to notify you.

• • Your credit or debit card will not normally be charged if we reject an order, but we will process a refund if the charge has been made against your card.
  • Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
  • The Cleaversorganic.com.au Website reserves the right at any time after receipt of your order to accept or decline your order for any reason.

• Price and Payment
  • The price of the products and our delivery charges will be quoted on the Website from time to time, except in cases of obvious error.
  • Product prices include GST.
  • We may change products prices and delivery charges at any time, but changes will not affect orders in respect of which you have already been sent a dispatch confirmation.
  • Payments for all our products are made through a secure payment gateway system on our Website. Through that system, we currently accept payments with VISA, Mastercard and American Express.

• Unconditional Guarantee

Cleavers stands behind its’ products.

• • If you are not completely satisfied with your purchase from Cleaversorganic.com.au, for any reason at all, we will happily replace your purchase or refund your money, whichever you prefer.
  • When you order from Cleaversorganic.com.au, your satisfaction is always unconditionally guaranteed, so you can order with complete confidence.
  • If at any time you have problems with an order, simply contact customer service.

• Order Limitations
  • We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason.

• If we reject your order, we will notify you.

• • Cleavers may, at its own discretion, limit or cancel quantities purchased per person, per household or per order.
  • Cleavers also reserves the right to reject any order you place with us.
  • These restrictions may include orders placed by the same Cleaversorganic.com.au Website account, the same credit card, and orders that use the same billing and/or shipping address.
  • In the event we make a change to an order, we will notify you.

• Delivery
  • All orders placed on this Website are subject to product availability and will be shipped according to Cleaversorganic.com.au Delivery Terms and Conditions.

• Refunds Policy
  • This clause is in addition to your rights under clause 8.
  • If the product you purchase from the Website is spoiled, contaminated or otherwise faulty we will refund the purchase price or replace your purchase, whichever you prefer.
  • We will offer a refund or replacement product(s) if it can be shown that clause 11.2 applies. You must contact Cleavers at shop@Cleaversorganic.com.au within seven (7) days of receiving your purchase to qualify for a refund. We ask that you provide evidence that your purchase from the Website was spoiled, contaminated or otherwise faulty.
  • We will usually refund any money received from you using the same method originally used by you to pay for your purchase or as agreed.
• Privacy Policy
  • You agree that the use of our Website is subject to the Cleavers Australia Privacy Policy
• Force Majeure Events
  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (“Force Majeure Event”).
  • A Force Majeure Event means an event or circumstance beyond the reasonable control of a party and which could not have reasonably been foreseen including, but not limited to acts of god, acts of terrorism, war, riot, civil disorder, earthquake, floods, fire, extreme weather event, force of nature, or other reasons of a like nature, epidemic, pandemic, accident, strikes, lock-outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, or other contingencies the non-occurrence of which  was a basic assumption on which these Terms and Conditions were made and which prevents or delays a party to these Terms and Conditions from performing their obligations, other than an obligation to pay money, where that event or circumstance:

• has not resulted from the party claiming the Force Majeure Event breaching its obligations under this agreement; and
• could not reasonably have been prevented, avoided, remedied or overcome by the party claiming the Force Majeure Event acting prudently and with reasonable care and diligence.

• • Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

• Termination of Use
  • Cleavers may, in its sole discretion, terminate your account or your use of the Cleaversorganic.com.au Website at any time.
  • You are personally liable for any orders that you place or charges that you incur prior to termination.
  • Cleavers reserves the right to change, suspend or discontinue all or any aspects of the Cleaversorganic.com.au Website at any time without prior notice.
• Waiver
  • Our failure or delay to exercise a power right does not operate as a waiver of that power or right.
  • The exercise of a power or right does not preclude;

• Its future exercise; or

(b) The exercise of any other power or right.

• • Our variation or waiver of a provision of these Terms and Conditions or consent to a departure from the Terns and Conditions will be ineffective unless in writing and executed by us.
• Variation
  • Cleavers reserves the right to make changes to the Cleaversorganic.com.au Website, its Terms and Conditions and Legal Notices at any time.

• Severability
  • If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extend be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by the law.

• Entire Agreement
  • These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter.

• Governing Law
  • The laws applicable in New South Wales govern these Terms and Conditions and any dispute in connection with these Terms and Conditions.
  • The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.