South Gippsland Dairy Terms & Conditions

LAST UPDATED: 2019

1.       General

                          South Gippsland Dairy is referenced as ‘us’ and/or ‘we’.

1.1   This South Gippsland Dairy site at https://sgdairy.com.au  is an online shopping website where you can browse, select and order products advertised. 

1.2   Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the site in anyway.

1.3    Your access and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.

2.  Compliance with the Terms & Conditions
2.1 you agree to bound by, and comply with, these terms and conditions:

(a) By completing your registration through the Site; and

(b) Using the Site to obtain products from us.

3 Registrations

3.1 If you are required to complete the customer registration process through the Site before placing an Order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our privacy policy.

3.2 You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.

3.3 If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

4 Placing an Order for Products

4.1 You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.

4.2 Any order placed through this site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.

4.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site. We are not responsible for inaccurate information in reference to delivery details supplied to us. We cannot take responsibility for outsourced delivery contractors used by us or nominated by the purchaser, for non-delivery or damaged goods in transit.

 5.  Acceptance or rejection of an Order

5.1 We reserve the right to accept or reject your order for any reason, including if the requested product is not available, if there is an error in the price or the product description posted on the Site or an error in your order.

5.2 Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.

5.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your Order.

6.  Restricted Products

6.1 All Orders that we accept for our products are processed and distributed directly by us and are shipped from our premises. 

6.2 Private buyers: you are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the order or within a reasonable time after you submit your order.

6.3 If you wish to place an order that differs from our ordering requirements, then you will need to contact us via:  admin@sgdairy.com

7.  Delivery of Products

7.1 We will only deliver products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for your order and these are described at the point of checkout.

7.2 You may obtain further information on the Site about our delivery timeframes and how we deliver your Products.

7.3 We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. We ship via standard Australia Post delivery services, unless otherwise directed on the shipping details form.

7.4 You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Order through the Site.

7.5 Sign on Delivery: If there is no one or no appropriate person at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then: (a) we will not deliver the products you have ordered; and (b) we may charge you an admin fee of up to $40 if products are returned to us via Australia post or the nominated courier service. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time.

 8. Fraud and risk assessment. We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order.

9.  Cancelling an Order
 We may cancel any Order or part of an Order there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or that Order has been placed in breach of these terms and conditions.

9.1 If we cancel an order where the product is unavailable or if there is a pricing or product description error, we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any delivery fee and other fees and charges, will be refunded to your original payment method or through an alternative means. If your Order is cancelled by us before the day of delivery then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means.

10. If you cancel your Order

10.1 If you cancel your online order within 24 hours after payment, you can request a full refund if we have not yet packaged and despatched your order.

10.2 You cannot cancel your order after it has been despatched from our premises. In that case, No Refund is applicable. In some cases, we reserve the right to review the issues on hand, to consider if a refund is due or not.

10.3 You cannot cancel your order at any time if you simply just change your mind. We request that you contact our offices immediately, before despatch to discuss the issues regarding cancellation and refunds.

10.4 Cancellation fee is AUD $54.95. You are also responsible for all postage costs for the return the unopened product/s to our premises.

 10.5 If you cancel an order before it is packaged for delivery and despatched, of which we have taken payment then the full payment amount, including any delivery fee will be refunded to your original payment method or through an alternative means.

11. Fees and charges

We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept:  the purchase price of each product that is ordered and the designated delivery/shipping fee.

11.1 GST All fees and charges identified in these terms and conditions and all prices for the Products include GST.

12.  You acknowledge that…

12.1 When our product/s are available for purchase from other retail outlets, on or offline, those prices for our products may vary and change from time to time. We cannot be held responsible for other retail outlets a (and resellers) for the prices set by them on our products. Any discounts offered by them do not reflect on our advertised online prices.

12.2 We cannot provide refunds if purchased elsewhere, please address the place of purchase for all and any issues.

13. Product is not available at the time of placing your order

13.1 We will notify you immediately by phone or email provided. On hold option:  If you wish to retain your order while we restock and resupply that product, we are happy to accommodate and will notify you the date of despatch.

13.2 If a product ordered is not available and we cannot provide you with a substitute, or you do not wish to wait until we re-supply, we will provide you with a refund within 5 business days to the value of the Products (excluding delivery) that were not supplied to you.

14. Returns Policy:  If you qualify for a refund  - at our sole discretion -  and wish to return your order, which must be unopened and intact, in new , and in ‘as despatched’ condition, then please contact us to make arrangements to return that product/order  to our postal address.  

P.O.  Box 26 Korumburra 3950 Victoria. Upon confirmation that the goods have been received by us, we will refund your purchase amount within 10 business days.

15.  Payment methods

15.1 You must pay the fees and charges online using the online payment methods provided:

1. PayPal

2. Stripe

3. Direct EFT into our bank account

 16. Our website: you must not knowingly:

1. Transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to the site.

2. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the site

3. modify, adapt, translate or reverse engineer any portion of the site

4. remove any copyright, trade mark or other proprietary rights notices contained in or on the site

5. reformat or frame any portion of the web pages that are part of the site

6. create accounts by automated means or under false or fraudulent pretences

7. use the site to violate the security of any computer or other network or engage in illegal conduct

8. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure

9. use the site other than in accordance with these terms and conditions

10. Attempt any of the above acts or engage or permit another person to do any of the above acts.

11. Suspension of account: we reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.

12. If we lock, suspend or delete your account then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

 17. Warranties: You warrant that:

1. All information and data provided by you to us through the Site (including as part of the customer registration or purchasing process) or otherwise is true, accurate, complete and up to date.

2. the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and

3. You have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.

18.  Liability
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality.  

You indemnify us, and without limitation, for loss of revenue, loss of profits, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

You may stop using the Site at any time and for any reason.  We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

19. Intellectual property rights. You:

19.1acknowledge that the  trademark, copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;

19.2must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a material without our prior written consent

19.3 must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

19.4 This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names without our prior written consent. 

20. Changes to these terms and conditions
we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.

Therefore, you agree that you access and use the products and services made available solely at your own risk.

Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions.

For all other issues including compliments, complaints, feedback and the supply of testimonials please contact us via: admin@sgdairy.com