Website Terms & Conditions of Sale
Last updated: 28 Sep 2020
The following Terms and Conditions apply to all transactions via this website www.blacksheepfarmoils.com.au
The Laws of New South Wales, Australia shall apply and you agree to submit to the exclusive jurisdiction of the courts located within the State of New South Wales, Australia should any dispute arise. In these terms “we” or “our” refers to “blacksheepfarmoils.com.au” registered in New South Wales by Black Sheep Farm Oils Pty Ltd (see below Who We Are) .
“You/you” and “Your/your” refers to any visitor to the Website, any user of the Website, or any purchaser of products from the shop.
Quick links to relevant sections:
Who we are
This website is managed by Black Sheep Farm Pty Ltd (ABN 16 643 701 562) registered at 5/62 Machinery Drive, Tweed Head South NSW 2486. We will be called Black Sheep Farm throughout this page.
The website address is https://www.blacksheepfarmoils.com.au
Orders, Order Acknowledgements and Contract
Upon receipt of an order from you, and subject to acceptance of that Order by an Order Acknowledgement (which may be in the form of an invoice receipt), we agree to sell the Goods on and subject to these Terms and Conditions (“Contract”). An Order can be made by you online, in writing or verbally. An Order is accepted when payment of the price (including Shipping) is received in full in cleared funds into our nominated account. You should receive an Order Acknowledgement online or in writing (including by e-mail).
Previous dealings or correspondence between us shall not have any effect on the Contract and any trade custom and/or trade usage is superseded by these Terms and Conditions. If at any time in relation to the supply of the Goods, you provide, refer to, submit or otherwise use terms and conditions other than these Terms and Conditions such terms and conditions will not form part of, or be incorporated into, the Contract.
Price, Duties and Taxes
All prices are as specified on our price list in force on the Website at the time of the Order Acknowledgement. Prices on the blacksheepfarmoils.com.au site are in Australian Dollars.
For Goods ordered from blacksheepfarmoils.com.au and delivered to an address in Australia, the sale price includes GST.
For overseas orders the price excludes any goods and services tax, sales or use tax, value added tax or any withholding tax, customs duties (import or export or other foreign country taxes) (“Taxes”). You are responsible for all these Taxes.
We shall be entitled to payment for the Goods upon Order Acknowledgement. Payment is due immediately upon Order Acknowledgement and can be made via our secure billing system. Simply choose your product and click the ‘add to cart’ button and you will be taken to our payment page. We use a payment processing system via Braintree Australia or PayPal which takes payment directly from your credit card. The Shipping cost is added to the final price of the Goods.
Shipping will be within 2 working days from either:
Nimbin NSW 2480
Tweed Heads South NSW 2486
If we are out of stock we will contact you to organise other arrangements.
Postage will be charged according to weight, and shipped by Australia Post or Courier of our choice.
The Shipping rate is calculated at time of ordering, and will be added to the purchase price.
Risk and Title to the Goods
Legal and equitable title to the Goods will only be transferred to you upon receipt of cleared funds into our account for the full price of the Goods and any Shipping. Risk in the loss of or damage to Goods passes to you upon shipment from our factory or upon title in the Goods passing to you, whichever is the earlier.
Goods are sold directly to you, and are not for resale. Support and warranties are only available to you, our customer, and not to a third party who purchases goods from you. You may not use the Black Sheep Farm logo and product name in any promotion or sale material without our express permission.
Problems upon Receipt
Please thoroughly inspect the Goods immediately upon receipt.
We are happy to send replacements or refund for damaged items. Please email us with photos of the damage and we will promptly organise a replacement.
In the event that any items are lost or damaged during transit or have not arrived by the estimated delivery date, please contact us with the Invoice number.
No claim for damage to or shortages of Goods may be made unless such claim is notified to us within 7 days of delivery. No goods shall be returned for credit or adjustment without our prior written authorisation.
Cancellation of Orders and Refunds/Returns
Cancellation within 3 days or before Order has been Shipped:
Most items are available in stock and ship within 3 days. If you cancel your Order within 3 days and if the Order has not been shipped, we will fully refund the price and shipping costs.
Cancellation/Return after your Order has been Shipped:
If the Order has already been shipped, we may accept a return provided you contact us within 21 days of receiving the Order. The Goods must be returned in good condition and fit for re-sale.
We will not refund the cost of shipping the Order to you. You must pay the costs of returning the Order to us.
Unused Incorrect, Damaged or Defective Goods
If you receive incorrect, damaged or defective Goods, please contact us within 7 days.
All items can be returned to us within 30 days of delivery for a refund or replacement. Please send us photos of any damage.
In the case of faulty or incorrect Goods, we will replace the item(s) with the correct one(s).
Return to sender (RTS) or delivery refused
We do not charge a fee for RTS or delivery refused.
Warranties and Our Liability
That all Goods are new, free from defects, of merchantable quality and conform to any specifications provided on our Website or in the Order Acknowledgement;
The Goods against defects for a period of 30 days from the date delivered, when used within the designed conditions for which they were manufactured.
Process for returning Goods
If for any reason you return Goods (cancellation, return of defective goods or warranty claim) you must inform us and we will arrange return delivery.
It is your obligation to ensure the use of the Goods shall comply any local or national by laws, codes, regulations, laws, permits, licenses or licensing requirements, registrations and or other restrictions imposed on products of a similar nature to the Goods and to exercise all due care and skill in use of the Goods.
To the maximum extent permitted by law, you accept full liability for any harm or damage resulting from your use of the Goods.
Except as expressly provided to the contrary in the Contract, all representations, warranties, terms and conditions in relation to the Goods (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
You agree that you have made your own enquiries in relation to the suitability of the Goods for your own purpose and do not rely on representations by us, now or in the future, in relation to their suitability for a particular purpose or at the location or site where they are to be used or any steps which may need to be taken in relation to their use.
Fraud, High Risk or other customers
We reserve the right to refuse orders not originating from Australia or Australian credit card holders due to high fraud risk.
Neither party is liable for failure to perform the Contract to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by the party claiming force majeure because of circumstances outside that parties’ reasonable control.
If a provision of a Contract would, but for this clause, be unenforceable, the provision must be read down to the extent necessary to avoid that result. If the provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of the Contract.
A person who is not a party to this Order has no right to enforce any term of this Contract.
The Sale of Goods (Vienna Convention) Act 1986 (New South Wales) (and any similar legislation relating to the Vienna Convention in other States or Territories) does not apply to this Contract.
Both of us must attempt to resolve any dispute or claim arising out of or under a Contract by a negotiation in good faith before either of us litigates that dispute or claim.
We want to ensure that your experience shopping with us is a happy one. We want to know how we can make this experience better for you so, if you have any comments or suggestions, we want to hear about them.
Right to alter Terms & Conditions
We reserve the right to alter these terms and conditions without notice from time to time.
Place of Applicable Law
Black Sheep Farm Pty Ltd is registered in Australia. Materials on this site are directed solely at those who access it within Australia. Those accessing this site from other locations are responsible for compliance with local laws if applicable. You and we each submit to the exclusive jurisdiction of the Australian courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Australian Law shall govern this Agreement.
Reasonable care has been taken by Black Sheep Farm in the design, layout and content of this site. However, to the extent permitted by applicable law, Black Sheep Farm disclaims all warranties, express or implied, as to the accuracy of the information contained in any materials within this site.
Black Sheep Farm shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained within this site.
Links within this site will lead to sites which are not under the control of Black Sheep Farm. When you activate these you will leave the Black Sheep Farm site, Black Sheep Farm will not accept any responsibility or liability for the material on any other site as Black Sheep Farm has no control over any other site.
We aim to provide the most accurate information on our website, however in the case of typographical errors or information which is not correct, Black Sheep Farm reserves the right to correct the error and any actions leading from it.
Limitation of Liability
You agree that Black Sheep Farm shall not be liable either in contract, tort, negligence, statutory duty or otherwise for any:
1.0 loss of profits, goodwill, revenue or any type of consequential, indirect or special loss or damage whatsoever arising from or in any way connected with this Agreement
2.0 direct damage or loss, including damage or loss which is reasonably foreseeable or occurs naturally in the course of things, resulting in any acts, omissions, failures or delays occurring to, on or in relation to those parts of the Internet not under Black Sheep Farm direct control, including, without limitation, loss or damage of business, loss of sales, non payment of monies due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss, even where Black Sheep Farm has been advised of the possibility of such damage or loss.
3.0 You agree that, except in relation to such liability as has been expressly excluded in clause 1.0, the maximum aggregate of liability of Black Sheep Farm in contract, tort, negligence, statutory duty or otherwise, even where Black Sheep Farm has been advised of the possibility of such damage or loss, for any damage or loss arising from or in any way connected with: 3.1 any defect in a product 3.2 any failure by Black Sheep Farm to process signals, data, information, orders or messages correctly or in a timely manner, or any misrouting or non delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them, and any liability not excluded by this Agreement shall, in respect of any one or more events or series of events, connected or unconnected, taking place within any twelve month period be limited in the case of defects falling within clause 3.1 to the price of the relevant goods. This limit shall also apply in the event that any exclusion or other provision contained within this Agreement is held to be invalid for any reason and Black Sheep Farm becomes liable for damage or loss that could otherwise have been limited.
4.0 You agree and acknowledge that you are in a better position than Black Sheep Farm to foresee and evaluate any potential loss or damage that you may suffer in connection with the goods and services provided by Black Sheep Farm, and therefore that Black Sheep Farm cannot adequately insure in respect of such liability. You warrant to Black Sheep Farm that you will insure against, or bear yourself, any loss for which Black Sheep Farm has excluded liability
5.0 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some limitations set out in clause 5 may not apply to you.
6.0 Nothing in this Agreement shall effect the statutory rights of any customer, exclude or restrict any liability for death or personal injury arising from negligence or fraud of Black Sheep Farm.
Save to the extent that it falls within the provision of Delivery you shall indemnify Black Sheep Farm and any third party, including its sub contractors, from and against any liability, losses, rights expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement and expenses, including legal charges, arising from your use of the Black Sheep Farm site or purchase of goods/services from that site which are brought or threatened against Black Sheep Farm or suffered or incurred by Black Sheep Farm by another person or entity.
All pictures, photographs, text, design and layout of the Black Sheep Farm site remain the copyright of Black Sheep Farm. You may print portions of the Black Sheep Farm site for your personal and non commercial use.
Use of any content of the Black Sheep Farm site is strictly prohibited without prior written consent of Black Sheep Farm and its Directors.
Beyond Reasonable Control
Black Sheep Farm shall not be held liable for any breach of this Agreement caused by circumstances beyond its control, but not limited to Acts of God, fire, lightening or extremely severe weather conditions, explosions, war, disorder, floods, industrial disputes, whether or not involving our employees, acts or omissions of internet service providers or acts of local or central Government or other competent authorities.
In the event that any term of this Agreement is held to be invalid or Unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.