Terms and conditions

Last updated:  17/11/2020

Welcome to Vic’s Premium Quality Meat.  This website (online.vicsmeat.com.au) is operated by Birchan Pty Ltd trading as Vic’s Premium Quality Meats (ABN 68 001 808 331) (we, us, our).  The website operates as retail store for our products and services (our Products and / or Services and together, our Services), and also to provide you with information about our Services.

Questions about these Terms and Conditions can be sent to us at online@vicsmeat.com.au.

  1. Terms and conditions
    • By using the website, each visitor (you, your) agrees to be bound by these terms and conditions (Terms and Conditions). Please read them carefully.  Your use of the website indicates your acceptance of these Terms and Conditions , as does your purchase of any of our Products via the website.
    • We may, on notice to you, vary these Terms and Conditions. It is your responsibility to check the website periodically for changes and your continued use of the website following any changes indicates your acceptance of the changes.
    • You can only use and access the website to the extent you are legally able to do so in your State, Territory and/or country and you must also be over 18 years of age (or the age of majority in your location). Alternatively, if you are under 18 your parent and/or legal guardian can access and use the website on your behalf.  
    • By using the website, you warrant that you meet the eligibility criteria in these Terms and Conditions.
    • We reserve the right to prohibit anyone from using the website for any reason. 
  2. Account registration and accurate information
    • You can browse the website without creating an account, however, sometimes we may require you to create one to place an order and/or access certain functions of the website (Account).
    • Where you create an Account, you are responsible for maintaining the confidentiality of your password and registration attached to your Account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
    • If you would like to delete your Account for any reason, just email us at online@vicsmeat.com.au.
    • Generally, you agree to provide current, complete, and accurate order and account information for all purchases made at our store, including when registering an Account. You agree to promptly update your Account and/or any other necessary information, including your email address, delivery address and payment methods (including expiration dates), so that we can complete your orders and contact you as needed.
  3. Privacy

Your use of this website and/or our Services may involve the transmission to us of certain personal information (as that term is commonly defined under privacy laws and regulations). Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (that you can access on the website), which is incorporated into these Terms and Conditions.

  1. Prices and GST
    • Prices for our Products are in Australian Dollars, are in inclusive of GST and are subject to change without notice in our sole discretion.
    • We reserve the right at any time to modify or discontinue all or part of our Products and/or Services notice at any time.
  2. Product availability and weight
    • Certain Products and/or Services may be available exclusively online through the website. These products or services may have limited quantities and remain subject to our refund policy.
    • We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor's display of any colour will be accurate.
    • Our Product prices are calculated on a per unit basis and the weight indicated at the point of purchase is Product-based and is not inclusive of packaging. As such, the weight of a Product may vary (give or take) due to absorption of fluids and the fact that weight loss (also referred to as a purge) is a natural phenomenon for food products, particularly fresh meat products.
    • We reserve the right, but are not obliged, to limit the sales of our Products and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, in our sole discretion of us.
    • We shall not be liable to you or to any third-party for any such modification, price change, suspension or discontinuance of our Products and/or Services.
  3. Special Offers

From time to time, we may make special offers available to you, such as discount codes. Such special offers may be subject to additional terms and conditions that we notify you of at the time of your receipt of the special offer, which may include timing, limitations on quantity and/or other conditions.  Any such additional terms and conditions form part of these Terms and Conditions.

  1. Payments
    • Payment for all Products and Services must be by credit or debit card or any other payment method listed on the checkout page of the website. Your payment method will be billed as soon as your order is placed.
    • All online debit/credit card transactions performed on the website are through secured payment gateways. All payment information is collected and stored by the third-party operators of the secured payment gateways, to be processed as required. We never permanently store complete debit/credit card details.
    • Complete debit/credit card details cannot be viewed by us or any outside party.
  2. Orders, deliveries and pick-ups
    • All orders are subject to a minimum order of AU$40; orders under that amount will not be able to be placed nor will we process them.
    • We reserve the right to refuse or reject any order you place with us, for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, on the same payment method, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
    • Risk in your order and the Products passes to you on delivery (as recorded by our delivery partners). Where your order is not received, missing in transit, and/or are not correct, you must notify us immediately and we will provide you with reasonable assistance as may be necessary.
    • We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
    • When you place an order, you can select delivery or pickup. We currently deliver to a large number of postcodes within the Sydney metropolitan area. You can check if we deliver to your area using the postcode search tool on the website.  Alternatively, you can pickup your order from us at Vic’s Meat Market in Pyrmont or at 10 Merchant Street Mascot (which you will choose at the point of ordering).
    • When you place an order you will select a delivery date, subject to any delivery windows and cut-off times set out in our FAQ (see clause 8.12 below) (Delivery Date) or the date that you want to pickup your order (Pickup Date).

Delivery

  • For all orders over $125, delivery is complimentary (Free Delivery Threshold). For all orders under the Free Delivery Threshold, delivery will incur a delivery fee that we will advise you of at the point of check-out, which may vary depending on your location and any special or specific delivery window.
  • We deliver Mondays to Saturdays (Delivery Days) between 7.00AM and 6.00PM. You will be sent an email/SMS confirmation the day before confirming your Delivery Date. The morning of the delivery, you will be given a 4 hour time frame between when your order will be delivered. You may access time tracking via the link that is sent to you to have real time updates on when your order will arrive. You will also receive a proof of delivery once made. 
  • We cannot guarantee delivery within any specific timeframe and we are not liable for any delay in dispatch or delivery.
  • Where we (or a delivery partner) are unable to deliver your order to your selected delivery location (for example, where you have selected a delivery location that we cannot reasonably access, such as shopping centres and other public locations), we reserve the right to send your order back to either our delivery partner’s depot or our Mascot location (in our discretion). In such instance:
    • we will notify you and you will be required to pickup your delivery from the applicable location on a date advised by us; and
    • you are not entitled to any refund of any delivery fee you have paid.

Pickup

  • Where you wish to pick-up your order and you select your Pick-Up Date, you’ll be advised of a pick-up timeframe on that date within which you can pick-up your order.
  • You can only select a Pick-Up Date between Monday and Saturday, not Sunday. However, where you fail to pick-up your order on your Pick-Up Date or by Sunday at:
    • 00pm where your pick-up location was Mascot; or
    • 00pm where you pick-up location was Pyrmont,

your order will be forfeited, you will not receive a replacement or refund and we will not be liable to you for in any manner for your forfeited order.

  • For more information regarding orders, including delivery windows and cut-off times, packaging, delivery and pick-up, please refer to the FAQ section on the website. The FAQs are incorporated into these Terms and Conditions.  However, to the extent of any inconsistency, these Terms and Conditions will take precedence.
  1. Refunds and replacements under law
    • Please contact our Customer Care team on 02 9317 6900 or at online@vicsmeat.com.au in regards to changes, cancellations, refunds or replacements in accordance with clauses 9 or 10.
    • We will provide a refund or replacement where required to do so by law.
    • Where you contact us regarding a refund or replacement, we reserve the right to request photographs or other reasonable evidence from you of, or in relation to, any Products in question.
  2. Order cancellations and changes
    • In addition to your rights under any applicable laws, we permit cancellations and changes to your orders in accordance with this clause. We reserve the right to vary this policy from time to time, in our sole discretion and our staff and authorised representatives may exercise discretion in respect of the implementation of this policy on a case by case basis.
    • You may:
      • cancel an order in whole or part;
      • change (add / remove) the Products in an order;
      • change an order from delivery to pickup or vice versa; and/or
      • change the Pickup Date or Delivery Date of an order,

in accordance with this clause 10.

  • For changes or cancellations made before 5.00pm on the day that is two Delivery Days before your Pickup Date or Delivery Date, we will (as applicable):
    • refund you the full amount of the cancelled portion of the order; or
    • invoice you for any additional amounts payable by you in respect of changes to your order (e.g. where you have added Products).
  • For changes or cancellations made between 5.00pm on the day that is two Delivery Days before your Pickup Date or Delivery Date and midday the Delivery Day before your Pickup Date or Delivery Date we will deduct an administration fee equal to 30% per cancelled Product (or, where you cancel the full order, 30% of the total order value) and (as applicable):
    • refund you the remaining amount of the cancelled portion of the order after such deduction; and/or
    • invoice you for any additional amounts payable by you in respect of changes to your order (e.g. where you have added Products).
  • Where a change made to your order within the timeframe set out at clause 10.4 is only changing your order from delivery to pickup at our Mascot location, then no additional charges will be applicable.
  • Changes to orders are not permitted after midday on the Delivery Day before your Pickup Date or Delivery Date.
  • Where you cancel an order anytime after midday on the Delivery Day before your Pickup Date or Delivery Date, we will will deduct an administration fee equal to 80% per cancelled Product (or, where you cancel the full order, 80% of the total order value) and refund to you the remaining amount of the cancelled portion of the order after such deduction.
  • Where:
    • you elect to change your order from pickup to delivery and the value of your order is less than the Free Delivery Threshold, we reserve the right to invoice you a delivery fee (in accordance with clause 8.7); or
    • your order is for delivery and a change to your order changes the value of the order and the new value of the order is:
      • equal to or higher than the Free Delivery Threshold, we will refund to you any pre-paid delivery fees; or
      • lower than the Free Delivery Threshold, we reserve the right to invoice you a delivery fee (in accordance with clause 8.7).
  1. Accuracy, completeness and timeliness of information
    • To the fullest extent permitted by law, we do not give any express or implied warranties and makes not representations in relation to the accuracy, completeness or reliability of information on this website.
    • Your use of this website, and/or use and purchase of our Products and Services is entirely at your own risk. The information and materials made available on this website is provided as-is and we have no obligation to verify and/or update such information or materials (including any historical information retained on the website). Such information and materials are provided for general information only and should not be relied upon or used as the sole basis for making decisions, including for use for a particular purpose, result or outcome.
    • We reserve the right to modify the contents of the website at any time and you agree that it is your responsibility to monitor any such changes.
  2. Liability
    • These Terms and Conditions do not limit or exclude any non-excludable rights you might have under any applicable law, including under Australian consumer law.
    • We do not provide warranties of any kind in relation to the website, our Products and/or Services, the Content and/or the User Content. To the fullest extent permitted by law, and except where otherwise set out in these Terms and Conditions:
      • we expressly disclaim all warranties, express or implied, of any kind with respect to the website and the Products and Services made available and/or sold via the website, including without limitation that the website will be uninterrupted or error-free and/or other warranties (express or implied) of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.
      • we, and our directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the website, our Products and/or the Services, the Content and/or the User Content.
  1. Indemnification

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special, aggravated and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions and/or your breach of any law or rights of a third party.

  1. Intellectual property
    • The website is owned and operated by us. Unless otherwise specified, all material appearing on the website remains our exclusive property, including the text, audio, video, site design, logos, graphics, icons and images, photographs, graphics, typefaces and all other material (collectively, the Content) as well as the selection, assembly and arrangement thereof.
    • The Content is protected by copyrights, trademarks, or other intellectual property laws and rights. Unauthorised use of the Content may violate copyright, trademark, and other laws.
    • We grant you a non-exclusive, revocable, non-sublicensable licence to access and display the Content for the sole, personal and non-commercial purpose of you accessing the website and using our Services. Otherwise, you have no rights in or to the Content, and you will not use the Content except as permitted under these Terms and Conditions. No other use is permitted without prior written consent from us.
    • You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content. All goodwill generated from the use of any of our trademarks inures to our benefit.
  2. Acceptable use

You must not:

  • copy, modify, or create derivative works based on the content available through our Services;
  • infringe the intellectual property rights, privacy or confidentiality of any third party;
  • engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or
  • post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening;
  • use the website and/or our Services for any illegal or unauthorised purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws);
  • access or use the website and our Services to collect any market research for a competing business;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the website; and/or
  • interfere with or attempt to interrupt the proper operation of the website through the use or introduction of any virus, malicious or harmful code, Trojan Horse, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the website.
  1. Your content
    • Website users may post and/or create content through the website, our Services and/or other platforms affiliated with us. That includes but is not limited to, reviews and comments about us (collectively, the User Content).
    • We cannot and do not review the User Content.
    • You must not submit, post or display any User Content that:
      • you do not have permission, right or license to use, upload, and permit use as contemplated by these Terms and Conditions;
      • infringes the rights (including copyright) of any third party;
      • is objectionable, offensive, unlawful, defamatory, deceptive or harmful; and/or
      • is illegal, fraudulent, or manipulative.
    • We may remove User Content that violates these Terms and Conditions, or that is offensive or otherwise unacceptable to us in our sole discretion.
    • You expressly acknowledge and agree that once you submit any User Content for inclusion on the website and/or in the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. You, and not us, are entirely responsible for all your User Content that you upload, post, e-mail, or otherwise transmit via the website and/or our Services.
    • You grant us license to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your User Content as reasonably necessary to provide the website and/or our Services and/or in the general course of our business.
    • You indemnify us against all claims, liabilities, damages and expenses (including legal costs) incurred by us as a direct or indirect result of the User Content, including any breach of these Terms and Conditions.
    • If you have any questions about your User Content and/or the content of another of our users on website, you can contact us at online@vicsmeat.com.au.
  2. Third party products and linked websites
    • We may use third party products and services in our provision of our Services to you, including Shopify Inc. who provide us with the online e-commerce platform that allows us to sell our Products and Services to you (Third Party Products). You acknowledge that: 
      • your use of, and access to, such Third Party Products may be subject to additional fees and separate terms issued by the supplier of such Third Party Products (Third Party Supplier), which will form a separate agreement between you and the relevant Third Party Supplier;
      • we make no representations or warranties in relation to, and do not accept liability for, any such Third Party Products; and
      • we may suspend your use of, or access to, the Third Party Products at any time, including on request from the Third Party Supplier.
    • The website and our Services may contain links to third-party websites, products, and services. We do not make any representations or warranties in relation to, and we exclude all liability from, such third party websites, products and services.
  3. General
    • Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
    • These Terms and Conditions and any order placed by you contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.
    • Any failure by us at any time to enforce these Terms and Conditions or any rights will not be a waiver of such rights or affect the validity of these Terms and Conditions.
    • If any provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under any applicable law, that term or provision will be severed from these Terms and Conditions and the remaining provisions will be unaffected.
    • These Terms and Conditions are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms and Conditions.