Website Terms & Conditions of Sale
Last updated: 22 May 2020
The following Terms and Conditions apply to all transactions via our 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 ABN No. 61742662245 registered at 449A Gungas Road, Nimbin NSW 2480. “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.
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or correspondence between us shall not have any effect on the Contract and any trade custom and/or trade usage is superseded by these Terms and Conditions.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 test.blacksheepfarmoils.com.au and delivered to an address in Australia, the sale price includes GST, customs and import duties.
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 Commonwealth Bank Australia which takes payment directly from your bank a/c via your card details. The Shipping cost is added to the final price of the Goods.
Shipping will be within 5 working days from either:
449A Gungas Road, Nimbin NSW 2480
5/62 Machinery Drive, Tweed Heads South NSW 2486
If we are our to 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.
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 refund the price and shipping costs minus a 5% fee for administration.
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 unopened, in their original condition and fit for re-sale. We will charge a handling and restocking charge of 20% from the purchase price. 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 must be returned to us within 30 days of delivery before a refund or replacement will be considered. Upon receipt of the returned item, we will examine it and notify you via email whether you are entitled to a replacement or refund. 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
There will either be 15% restocking fee from the price or you will be charged re-delivery.
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.