Last updated: 30 May 2022

Sale Terms & Conditions

Welcome to Grass & Bone.

Here you will find our Sale Terms and Conditions (Sale Terms).

Please read these Sale Terms carefully. If you have any questions, please contact us using the contact details set out on our website www.grassandbone.com.au (‘Website’).

These Sale Terms constitute an agreement between Nice to Meat You Sydney Pty Ltd trading as Grass & Bone (ABN: 31 654 086 709) (Grass & Bone, we, us, our), and you, the person, organisation or entity (customer, you, your, user),  that we offer to sell our products.

These Sale Terms apply to the provision of all sales made by us to you:

• in person;
• through our various locations; and
• online (for example through our Website – including our online store - and social media platforms).

The Sale Terms also incorporate our Website Terms and Conditions (create hyperlink), our Privacy Policy (create hyperlink), and any other document expressly referred to in them, all of which can be found on our Website.

Your decision to either:

• place an order with us; or
• purchase from us,

indicates that you have had sufficient opportunity to access these Sale Terms and contact us, that you have read, accepted, agree to be bound by and comply with these Sale Terms (including as amended from time to time), and that you are 18 years or older, or have the consent of a legal guardian.

Unless expressly stated, a reference in these Sale Terms to ‘product’ is a reference to the products and/or services (either individually or collectively as the context requires) made available for order or purchase by us to you.

If you are uncertain about any of the Sale Terms or other documents referred to in them, please contact us prior to continuing with your transaction.

Placing an order with us

You may place an order for our products in person, from our various locations, online (e.g. through our website) or through any other means that we may expressly permit from time to time.

Any order placed by you is treated as an acknowledgement of your intention to purchase and will not constitute our acceptance of your order  and no binding agreement is created until such time as we process and accept your order.

We may at our discretion accept or reject an order depending on factors including availability of products, and our ability to validate payment for the products.

We reserve the right to refuse, limit or to reduce the quantity of any orders that we reasonably believe are for the purposes of resale or otherwise may result in a violation of these Sale Terms, as determined by us in our sole discretion.

It is your responsibility to check the order details, including product and pricing, before you complete your order.

When ordering with us online, we will provide you with order details, which may include an order number, shipping and billing addresses and a description of what has been ordered, once you order and pay online and your payment has been validated.

When ordering from us it is your responsibility to check ingredients of your order they are safe for any allergies you may have. To the fullest extent permitted by law we exclude all liability and will not be responsible for the products causing you or a third party to have an any allergic  or adverse reaction, physical reaction or consequence.

Any information or recommendation we give or make available to you regarding our products is general in nature. We accept no responsibility and will not be liable for any harm, loss, injury and/or damage that you or a third party suffer, directly or indirectly, as a result of any information or recommendation that is inaccurate, incomplete, unsuitable or misinterpreted.

Products made available for order form us, including any samples we may provide to you, are for personal use only. You agree that you will not sell or resell any product you purchase or otherwise receive from us.

Pricing and Payment Processing

You agree to pay the purchase price specified by us at the time you place your order, plus any applicable product delivery or shipping charges specified during your ordering and/ or checkout process.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue a product (or any part or content thereof) without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product.

Please include the following text above the highlighted section in the Terms of Service policy. All raw produce is not subject to GST.

Unless otherwise stated, all prices indicated by us are in Australian Dollars (AUD) and are inclusive of Australian Goods and Services Tax (GST) as applicable.

All payments must be received in full prior to dispatch.

You must pay for the product by one of the payment methods accepted by us. Our accepted payment methods ay include but are not limited to the following:

• credit card (Visa or Mastercard), debit card, or cash when placing an order in person or from one of our locations;
• credit card (Visa or Mastercard), debit card, or our nominated third-party payment gateway (e.g. Paypal, AfterPay or ZipPay) when ordering from through one of our online platforms.
• Cash on delivery – Note that if this option is selected, on check out a 20% holding deposit will be taken via a credit/debit card

You agree that we may charge you any credit card handling, merchant, or payment gateway fees in addition to the total price of the product ordered.

In making a payment, you warrant to us that you have read and agreed to the terms of any third-party payment gateway or processor or credit card provider (such as PayPal, AfterPay or ZipPay), which are available on their respective websites. You understand that these products are provided by third parties, and are made available to you for convenience only. We are not responsible for any issues, loss or damages arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.

Where you make a payment by payment card (such as a credit card or bank card), you warrant that you have the necessary rights to use that payment card and that you are fully authorised to use it to pay for the order.

You also warrant that the payment card gives access to sufficient funds corresponding to the amount of the order. If payment in full in cleared funds is not able to be successfully processed; or If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason; then you agree to be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop or suspend delivery of any products unpaid for unless and until we receive your payment in full, or cancel the order entirely.

You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means.

If your payment is declined for any for any reason we reserve the right to reclaim ownership of the products from your possession, custody or control, even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products.

Availability and Cancellation

All orders placed with us are subject to availability. We make all efforts to ensure we keep most of the products in stock and to keep information regarding  their availability up to date.

You acknowledge and accept that whilst we have made every effort to accurately depict images of our products, we cannot guarantee that your device will display the product accurately. You accept that in most circumstances, especially orders placed online, the product images are used for marketing, promotional, or display purposes and can differ from the product that you will receive (e.g. shape, fat to meat ratio, colour vibrancy, and weight variation).

If there is a considerable delay in dispatching your order, or if for any reason we are unable to supply a product that you have ordered, we reserve the right to cancel your order.

Please note that we reserve to right at our sole discretion to cancel an order completely for any reason, such as the delay of a back order, amount of store credit, or if it would not be in our commercial interests to provide a store credit, or backorder.

Dispatch, delivery and pickup

When you place an order with us you will be provided with options for delivery or pickup.

In the event that you choose to pick up your order, you will be provided with a details (either at the time of placing your order or once your order is ready) of the date and time when you may attend and collect your order from one of our locations.

If you fail to pick up your order during the specified timeframe and your order may be forfeited and you may not receive a refund or replacement.

In the even that you choose to have your order delivered, you will be provided with details on the estimated delivery date and timeframe once the order has been dispatched.

Any delivery periods or estimates displayed on our Website or other marketing or promotional platforms / materials are estimates only. We cannot guarantee delivery within any specific timeframe and we are not liable for any delay in dispatch or delivery.

We may dispatch your products via a range of delivery methods (including through a delivery partner). Some orders may not require a signature and will be left in a safe place at your delivery address.

A signature may be required for some orders. You are responsible for ensuring you are able to accept delivery. If neither you nor your authorised representative is at the delivery address to accept delivery you may be notified, so that you can arrange another suitable time and date for delivery. We will not be responsible for:

• late delivery where attempted delivery has occurred on or before the stated delivery time-frames;
• for lost or missing orders that have been signed for at your selected delivery address (regardless of whether you have personally accepted delivery);
• for lost or missing orders left at your chosen location where you have provided authorisation to leave the item at the location without signing for it;
• If you opt to collect your order from us.

If you fail take delivery your order during the specified timeframe and  your order may be forfeited and you may not receive a refund or replacement.

Ownership and risk of loss, damage or deterioration to any orders passes to you when:

• in the case of orders to be picked up – you collect the order from one of our specified locations;
• in the case orders to be delivered – the order is delivered to your nominated location.

If you need to change any details regarding your pick up or delivery, please contact us immediately. If you are unable to take delivery on the delivery date, you may be charged a delivery fee for each additional attempt for delivery.

We may from time to time, and at our sole discretion, offer free delivery for certain products, to certain areas, or if you spend above a minimum amount with us – as set out on our Website. If free delivery does not apply, a fee will apply, as set out on our Website (e.g. by displaying the delivery fees on your checkout page).

Non delivery of goods must be reported to us as soon as possible and we will provide you with reasonable assistance as may be necessary.

You must inspect your order immediately upon your taking possession of it and if the products are not in accordance with the specified requirements then you must give us notice within 24 hours of receipt of the order. If you fail to give such notice, the order / products must be deemed to be in all respects in accordance with the specified requirements. This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law.

We may from time to time provide more detailed information, terms and conditions regarding pick up and delivery of orders. This information may be displayed on our website such as via FAQS. Such information is taken to be incorporated into these Sale Terms. To the extent of any inconsistency, these Sale Terms shall take precedence.

Discounts Codes and Promotions

We may from time to time offer promotions and/or discount codes, which may be applicable to products offered by us for purchase. These promotions and discount codes must be entered at the time of submitting your order. The conditions of use relating to any promotions or discount codes will be specified at the time that they are issued.

Discount codes and promotions are limited to one per customer and only valid for a single transaction (unless otherwise expressly stated in writing by us).

Discount codes and promotions are not available with any other offer (for example, if we have two promotions on offer at the same time, you can apply one discount code or promotion to the purchase, not both);

Discount codes and promotions are available for the stated time. Unless we specify otherwise in our offer, discount codes and promotions are only available on the full price of the product;

Discount codes are non-transferable and are not redeemable for cash under any circumstances;

We reserve the right to revoke any discount code or promotion on offer any time without notice.

Refunds and Returns Policy

Please choose carefully. We do not normally give refunds or accept returns if you change your mind or make the wrong decision in placing an order.

Any decision to allow a refund and/ or return to you will be at our sole discretion, subject to any requirements under the Australian Consumer Laws.

The terms of the any such refund or return are subject to our acceptance, including but not limited to the following:

• the product must not be opened, used or damaged in any way;
• must be in original packaging, and you must provide the receipt with the returned item;
• open products cannot be returned, unless ACL consumer guarantees apply. Please contact us when you are returning a product;
• you are responsible for arranging the return delivery of any products. You must adequately package any product you are returning to ensure that it is not damaged during return delivery to our nominated location;
• you have a duty of care for the product while it is in your possession. Subject to these Sale Terms and the ACL, if you open, use or damage products, then subsequently return the product, no refund, repair or replacement will be given.

Limitation of Liability

We have no liability to the extent that a failure of the product is attributable to any act or omission on your part.

Our liability for failure to comply with a consumer guarantee is limited to:

• in the case of products supplied by us, the replacement of the products or the supply of equivalent products (or the payment of the cost of the replacement or supply), or the repair of the products (or the payment of the cost of the repair); and
• in the case of services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.

Subject to the preceding paragraph, no attempt is made to exclude or limit or liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

In all other respects, our total liability for loss or damage of every kind, whether:

• arising pursuant to these Sale Terms; or
• arising in any other way out of or in relation to the supply of the products, their sale, delivery, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the products.

We do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of the goods or services supplied pursuant to these Sale Terms.

Australian Consumer Law

Certain Legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the supply of products and related services by us to you which cannot be excluded, restricted or modified (‘Statutory Rights’).

Except for your Statutory Rights, all products and services are provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Indemnity

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sale Terms. You agree co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products and services, including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sale Terms.

Dispute

If a dispute arises between the Parties in relation to these Sale Terms, or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sale Terms, by law or equity.

Change to these Sale Terms

We can amend these Sale Terms at any time by updating its terms and giving notice to you by posting a copy on our Website.

The amendments will take effect immediately on their being posted. Your ordering or purchasing of products from us following such amendments will be deemed to be confirmation that you have read, understood, accept and agree to be bound by those amendments.

We recommend that you check the current Sale Terms before ordering or purchasing from us.

General

Headings: Headings used in these Sale Terms are included for convenience only and will not limit or otherwise affect these Sale Terms.

Accuracy: While we endeavour to keep information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, or related graphics contained in our Studio, on our Website, on our other online platforms, or in our marketing/promotional materials for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Sale Terms is such delay is due to any circumstance beyond our reasonable control.

Waiver: If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any right or provision will only be effective if it is in writing and signed by us.

Assignment: You must not assign any rights and obligations under these Sale Terms, whether wholly or in part, without our prior written consent.

Severability: If any part of these Sale Terms is found to be void, unlawful or unenforceable then that part will be deemed severable from the balance of the terms and the severed part will not affect the validity and enforceability of any remaining terms.

Jurisdiction: As we are based in New South Wales, these Sale Terms are governed by and construed in accordance with the laws of New South Wales and Commonwealth of Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

Entire Agreement: These Sale Terms and any document expressly referred to in them represent the entire agreement between the us and you and supersede any prior agreement, understanding or arrangement whether oral or in writing.

For any questions, notices or complaints please contact us using the details provided below:

Attention: The Proper Officer

Email: [insert the email address you want to be contact on here]