TERMS OF SALE

 

1.     DEFINITIONS

 

1.1        These Terms of Sales are referred to as the Terms.

1.2        In the Terms, the following words have the meanings given to them:

(a)     Beefy’s App means the mobile phone application, as updated from time to time, where you can place an Order.

(b)     Delivery Fee means the fee charged by the relevant third-party delivery agent that you made your Delivery Order with. The Delivery Fee is subject to the relevant third-party delivery agent’s own policy and discretion and may change without notice.

(c)     Delivery Order means your purchase of Products through a third-party delivery agent for delivery to you.

(d)     Order means your purchase of our Product/s via our Website or Beefy’s App for pick up by you.

(e)     Order Date means the date you place the Order or Delivery Order. on the Website

(f)      Products means the products offered for purchase on the Website or Beefy’s App from time-to-time.

(g)     Website means the website owned and operated by RFGA Management Pty Ltd at https://www.beefys.com.au/.

 

2.     YOUR ACCEPTANCE OF TERMS

 

2.1        By using (including, but not limited to, browsing, submitting enquiries and or placing an Order), you agree and accept the Terms.

2.2        You acknowledge and agree that by placing a Delivery Order, you agree to the terms and conditions of the relevant third-party delivery agent and that, unless expressly stated otherwise, these Terms do not apply.

2.3        We may amend the Terms from time to time, with immediate effect.

2.4        By agreeing to these Terms, you represent that you are at least 18 years of age.

2.5        You acknowledge and agree that although we will use all reasonable endeavours to ensure that the Website is available, temporary interruptions (including for maintenance or restricted access to parts) may occur. We will not be liable for any reason where our Website or Beefy’s App is unavailable.

 

3.     PRODUCTS

 

3.1        All Products are subject to availability and may be discontinued.

3.2        Products and descriptions displayed on the Website or Beefy’s App are published using the information available to us, which was accurate at the time it was published. Where an error or omission occurs, we will update our Website and or Beefy’s App as soon as practicable.

3.3        Product descriptions and pricing are subject to change at any time, without notice, at our sole discretion.

3.4        Due to the nature of the Products, there may be variance in the size of our Products.

3.5        We may use props on our Website or Beefy’s App for advertising and display purposes. Props do not form part of a Product. You should refer to the description of each Product of your Order.

 

Care of perishable products

3.6        Excluding our promotional offers, Products that are generally consumed hot will have an option to be hot or cold when placing the Order.

3.7        The Products should be consumed on the Order Date within 90 minutes of pick up by you or receipt of delivery by you.

3.8        If Products are not consumed in accordance with clause 3.7 of the Terms, the Products should be refrigerated at less than 4°C and consumed within 48 hours.

3.9        If hot Products have been purchased as cold and stored in accordance with clause 3.8 of the Terms, prior to consumption, the hot Products should be reheated until a minimum internal temperature of 60°C or higher is reached.

3.10      If Products have not been stored in accordance with clause 3.8 of the Terms and have prolonged exposure to conditions greater than 5°C for more than three (3) hours, the Products may pose a health risk and should be immediately disposed of.

3.11      If the Products are not consumed in accordance with clause 3.7 of the Terms, there will be a noticeable difference in quality.

 

Allergies

3.12      Your Order or Delivery Order may contain Products which contain allergens. Please refer to the details on our Website’s ‘Products’ page for allergen information on each Product. It is your responsibility to review this information prior to placing the Order. We are not responsible for any reactions to allergens or ingredients which have been declared in our Products.

 

4.     PRICING AND TRANSACTIONS

 

Pricing

4.1        Prices for our Products are subject to change without notice.

4.2        All prices quoted, unless otherwise stated, are inclusive of GST and in Australian Dollars.

4.3        Product prices on the Website and the Beefy’s App do not include a Delivery Fee as Orders are for pick up only.

4.4        The Delivery Fee and any additional charges by third-party delivery platforms are subject to that platforms terms and conditions and are separate to these Terms.

4.5        Any additions made to the Products will be at an additional charge.

 

Transactions

4.6        We accept payment by Visa, Mastercard and American Express.

4.7        When providing your credit or debit card details, you agree that you are authorised to use that card and that it has sufficient available funds to cover the Order price.

4.8        Except in the case of our negligence, we will not be liable to refund you for any Order which has been paid for by a third party, using credit card information which has been improperly or fraudulently obtained.

 

5.     DELIVERY

 

Details

5.1        We do not offer a delivery option for your Order, which will strictly be pick up from your selected store only. Delivery Orders will be available through third-party delivery platforms listed on the Website from time to time.

5.2        If you make a Delivery Order, ou must provide the third-party delivery agent with correct and accurate information required to process your Delivery Order.

5.3        If you have any delivery instructions that will assist to deliver your Delivery Order to the intended location and recipient, please add them in the delivery instructions field at the checkout on the relevant third-party delivery agents ordering platform.

5.4        It is your sole responsibility to ensure that the address noted as the address for the delivery at the time the Delivery Order is placed (Delivery Address) is correct and accurate.

 

Risk and liability

5.5        Risk to the Order transfers to you upon collection of your Order.

5.6        We will not accept liability for any loss or damage arising from items lost, stolen or damaged after you have collected your Order.

5.7        Risk to the Delivery Order transfers to you upon delivery of your Order to the Delivery Address.

5.8        You unconditionally release us, and we accept no liability arising out of, any failed Delivery Order and you acknowledge and agree that Delivery Orders, once in transit, are subject to the terms and conditions of the relevant third-party delivery agent. We are under no obligation to confirm your Delivery Address or take action to correct an incorrect or incomplete Delivery Address.

Where an incorrect or incomplete Delivery Address is provided, it may result in an undelivered or misdelivered Delivery Order. We do not have discretion to attempt to deliver the Delivery Order to a new or updated Delivery Address and such will be subject to the terms and conditions of the relevant third-party delivery agent.

Delivery Area and limitations

5.9        Third-party delivery agents deliver to the Delivery Address, subject to it being within the boundaries of their respective delivery area policies (Delivery Area).

5.10      To confirm the Delivery Area, please select your preferred third-party delivery agent and input your Delivery Address.

5.11      The Delivery Area is subject to change without notice.

5.12      To assist with effective delivery, you should ensure a person will be in attendance at the Delivery Address on the Order Date to receive your Delivery Order.

 

Delivery Dates and times

5.13      Delivery times are determined by various factors and are outside of our control. You should refer to the policies of the relevant third-party delivery agent in this regard and for this reason, delivery of the Delivery Order can occur at any time on the Order Date.

5.14      Deliveries on public holidays are not available, except when stated otherwise.

 

Communications

5.15      As part of the Order and Delivery Order, you must provide us with a current and valid phone number (preferably a mobile phone number) and a current and valid email address (Contact Information). We or the relevant third-party delivery agent, as the case may be, will communicate with you via the Contact Information.

5.16      If you do not provide us with Contact Information, or the Contact Information you provide is not accurate, and we need to contact you, but cannot (Failed Communication), you unconditionally release us and we accept no liability whatsoever that might arise out of any undelivered Delivery Order or Failed Communication.

5.17      We or the third-party delivery agents, as the case may be, will contact you by in-app notices, email or by phone (at our or the third-party delivery agent's election) about your Order or Delivery Order.

5.18      Any general communications, including but not limited to, material updated to the Terms or the Beefy’s App may be done by posting notices on the Website.

 

6.     ORDER OR DELIVERY ORDER CHANGES

 

6.1        An Order or Delivery Order is final at the time we process your payment and issue a confirmation of your Order or Delivery Order. You are responsible for and must ensure that your Order or Delivery Order is correct before payment.

6.2        We may, in our sole discretion and without having to provide you with a reason, refuse to alter or amend any Order or Delivery Order at any time.

6.3        In limited circumstances, we may, at our sole discretion agree to vary an Order or Delivery Order, where a request has been made by you in writing. However, we will be unable to agree to any change, if the request is received after the Order has been collected or Delivery Order is out for delivery.

6.4        We are unable to provide any alterations or amendments (including cancellations) for Orders or Delivery Orders that have already been prepared or are in transit.

6.5        Where a product is out of stock or becomes unavailable for circumstances outside our control, we will communicate this to you via the Contact Information provided by you and provide you with options for any substitutions, alterations, or amendments (including cancellations) for your consideration.

6.6        Any substitutions and or alterations to the Products of an Order or Delivery Order accepted by you, will be of similar quality and value.

 

7.     CANCELLATION & REFUNDS

 

7.1        You must inspect the Order immediately upon collection at the store or upon receipt at the Delivery Address if a Delivery Order was made.

7.2        If the Products are damaged or if there is a shortfall or error in your Order, in addition to the rights and remedies you may have as a consumer under relevant law including the Australian Consumer Law, you may submit a claim to us.

7.3        To submit a claim, you must contact our Customer Care Support within 24 hours of receiving your Order, via email to hello@beefys.com.au and provide the following details:

(a)     your full name, address, telephone number (during business hours) and email address;

(b)     your Order number;

(c)     a detailed explanation of the fault, error or reason for the claim; and

(d)     clear photographic evidence of the fault, error or reason for the claim.

(Claim)

Delivery occurring without due care

7.4       If the Products are damaged or faulty upon delivery, or if there is a shortfall or error in your Delivery Order, in addition to the rights and remedies you may have as a consumer under relevant law including the Australian Consumer Law, you may submit a claim to us in accordance with clause 7.3 of the Terms or you may submit a claim in accordance with the relevant third-party delivery agents respective policies.

7.5       Where we assess (in our sole discretion, acting reasonably) that the cause of the Claim was either due to:

(a)     Products being damaged during transit to your Delivery Address; or

(b)     Products being of unacceptable quality at the time of delivery,

we will, at our option:

(c)     replace your Products at our cost with identical Products or Products of equivalent value; or

(d)     refund your Order or Delivery Order (in full or part).

7.6        Where we determine that there was a genuine error or shortfall with your Order or Delivery Order, we will endeavour to correct that error or shortfall.

7.7        Your Claim will not be accepted by us if:

                       (a)    the fault or damage to the Products was caused by you or a third party (excluding our third-party delivery agent); or

                       (b)    the Products has been modified or tampered with in any way by you or a third party (excluding our third-party delivery agent).

7.8        Subject always to your rights under applicable laws, including the Australian Consumer Law, we reserve the right to refuse your Claim for a refund for reasons including, but not limited to, where:

(a)     damage to the Products was not caused by us or our third-party delivery agent;

(b)     damage to the Products was caused by improper or inadequate care;

(c)     you fail to provide sufficient proof of fault;

(d)     there was an error or unsatisfactory reason for the Claim; or

(e)     there was unreasonable delay in submitting the Claim.

7.9        We do not provide refunds for a change of mind.

7.10      We reserve the right, to limit the sales of our Products to any person, geographic region or jurisdiction.

 

8.     PROMOTIONS AND DISCOUNTS

 

8.1        We may conduct promotions and discounts from time to time.

 

Promotions

8.2        The terms and conditions for each promotion will be published on the Website from time to time.

 

Discounts

8.3        We may provide discounts to the price of our Products from time to time. Discounts, when available:

(a)     apply to the Product price, and unless otherwise specified, do not apply to the Delivery Fee;

(b)     may not be combined with any other offers or discounts;

(c)     must be applied at the checkout prior to payment;

(d)     may not be redeemed for cash or transferred; and

(e)     will not be applied to an Order or Delivery Order after an Order or Delivery Order has been paid.

8.4       These terms and conditions apply in conjunction with any terms and conditions, written on or associated with the discount given to you.

 

9.     CUSTOMER DATA AND COMPLAINTS

 

9.1        Your submission of personal information and data on the Website is governed by our Privacy Policy, the terms of which are located at [insert link].

 

10.  PROHIBITED USES

 

10.1      In addition to other prohibitions in these Terms, you are prohibited from using the Website or its content:

(a)     for any unlawful purpose;

(b)     to solicit others to perform or participate in any unlawful acts;

(c)     to violate any international, federal, or state regulations, rules, laws, or local laws;

(d)     to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e)     to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet;

(f)      to collect or track the personal information of others;

(g)     to spam, phish, pharm, pretext, spider, crawl, or scrape;

(h)     for any obscene or immoral purpose; or

(i)      to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

10.2      We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

 

11.  FORCE MAJEURE 

 

11.1      We do not accept any liability for anything that, if not for this provision, would or might constitute a breach of these Terms in relation to our Product/s or delivery of our Product/s, where this arises out of circumstances beyond our control, including but not limited to:

(a)     acts of god;

(b)     natural disasters;

(c)     sabotage;

(d)     accident;

(e)     riot;

(f)      shortage of supplies, equipment, and materials;

(g)     strikes and lockouts;

(h)     pandemic or epidemic;

(i)      civil unrest;

(j)      computer hacking; or

(k)     malicious damage.