Terms & Conditions

Terms & Conditions 

THE INFORMATION CONTAINED WITHIN THIS DOCUMENT RELATES TO THE SMALL BATCH FOOD COMPANY ONLINE STORE. 

DISCLAIMER

THE CONTENT OF THIS WEBSITE IS GENERAL AND IS PROVIDED FOR INFORMATION PURPOSES ONLY.  THE MATERIAL ON THIS WEBSITE IS NOT AND SHOULD NOT BE REGARDED AS ADVICE, INCLUDING LEGAL OR MEDICAL ADVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, SMALL BATCH FOOD COMPANY DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES AND MAKES NO REPRESENTATIONS IN RELATION TO THIS WEBSITE.  IN PARTICULAR, WHILE REASONABLE CARE IS TAKEN IN ITS PREPARATION, SMALL BATCH FOOD COMPANY DOES NOT GUARANTEE OR WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF THE INFORMATION ON THIS WEBSITE OR ITS USEFULNESS IN ACHIEVING ANY PURPOSE. INFORMATION ON THIS WEBSITE SHOULD NOT BE USED WITHOUT VALIDATING THAT INFORMATION FROM APPROPRIATE SOURCES AND OBTAINING PROFESSIONAL ADVICE WHERE IT IS PRUDENT TO DO SO.  YOU SHOULD MAKE AND RELY UPON YOUR OWN ASSESSMENTS AND ENQUIRES TO VERIFY THE ACCURACY OF THE INFORMATION PROVIDED.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, FARMGATE CHEESE DOES NOT WARRANT THAT THE WEBSITE ITSELF IS FREE FROM ANY COMPUTER VIRUSES OR OTHER DEFECTS OR THAT YOUR ACCESS TO THE WEBSITE WILL BE CONTINUOUS OR UNINTERRUPTED. SMALL BATCH FOOD COMPANY ACCEPTS NO LIABILITY ARISING FROM YOUR ACCESS TO THIS WEBSITE.

LIMITATION OF LIABILITY

SUBJECT TO THE PROVISIONS OF CONSUMER PROTECTION LEGISLATION THAT CANNOT BE EXCLUDED, SMALL BATCH FOOD COMPANY ACCEPTS NO LIABILITY ARISING FROM THE INFORMATION ON THIS WEBSITE, OR ON WEBSITES LINKED FROM THIS WEBSITE, BEING INCORRECT, INCOMPLETE OR MISLEADING.  TO THE FULLEST EXTENT PERMITTED BY LAW, SMALL BATCH FOOD COMPANYE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCURRED IN OR ARISING BY REASON OF ANY PERSON RELYING ON THE INFORMATION ON THIS WEBSITE.  WHERE CONDITIONS AND WARRANTIES IMPLIED BY LAW CANNOT BE EXCLUDED, FARMGATE CHEESE LIMITS ITS LIABILITY, WHERE IT IS ENTITLED TO DO SO, TO THE RESUPPLY OF THE RELEVANT SERVICE AND GOODS, OR PAYING YOU THE COST OF THAT RESUPPLY.

INTELLECTUAL PROPERTY

COPYRIGHT

ALL CONTENT ON THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LOGOS, PHOTOGRAPHS, AUDIO AND VIDEO CLIPS AND DATA COMPILATIONS IS THE PROPERTY OF SMALL BATCH FOOD COMPANY OR ITS CONTENT SUPPLIERS AND PROTECTED BY AUSTRALIAN AND INTERNATIONAL COPYRIGHT LAWS. THE COMPILATION OF ALL CONTENT ON THIS SITE IS THE EXCLUSIVE PROPERTY OF SMALL BATCH FOOD COMPANY AND PROTECTED BY AUSTRALIAN AND INTERNATIONAL COPYRIGHT LAWS.

TRADEMARKS

SMALL BATCH FOOD COMPANY AND ALL RELATED GRAPHICS, PHOTOGRAPHS, LOGOS, AND PRODUCT AND SERVICE NAMES ARE TRADE MARKS (BOTH REGISTERED AND UNREGISTERED) OF SMALL BATCH FOOD COMPANY. THESE TRADE MARKS, LOGOS AND OTHER PROPRIETARY GRAPHICS MAY NOT BE USED IN CONNECTION WITH ANY OTHER PRODUCT OR SERVICE WITHOUT SMALL BATCH FOOD COMPANY EXPRESS PRIOR WRITTEN CONSENT.

LICENCE AND SITE ACCESS

SMALL BATCH FOOD COMPANY GRANTS YOU A LIMITED LICENCE TO ACCESS AND MAKE PERSONAL USE OF THIS SITE AND NOT TO DOWNLOAD (OTHER THAN PAGE CACHING OR TO ACCESS WHOLESALE INQUIRY FORMS DESIGNED FOR DOWNLOADING) OR MODIFY IT, OR ANY PORTION OF IT, EXCEPT WITH FSMALL BATCH FOOD COMPANY EXPRESS PRIOR WRITTEN CONSENT. THIS LICENCE DOES NOT INCLUDE ANY RESALE OR COMMERCIAL USE OF THIS SITE OR ITS CONTENTS; ANY COLLECTION AND USE OF ANY PRODUCT LISTINGS, DESCRIPTIONS OR PRICES; ANY DERIVATIVE USE OF THIS SITE OR ITS CONTENTS; ANY DOWNLOADING OR COPYING OF ACCOUNT INFORMATION FOR THE BENEFIT OF ANOTHER MERCHANT; OR ANY USE OF DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS.  THIS SITE OR ANY PORTION OF THIS SITE MAY NOT BE REPRODUCED, DUPLICATED, COPIED, SOLD, RESOLD, VISITED, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE WITHOUT EXPRESS PRIOR WRITTEN CONSENT OF SMALL BATCH FOOD COMPANY. YOU MAY NOT USE ANY METATAGS OR ANY OTHER HIDDEN TEXT USING SMALL BATCH FOOD COMPANY NAME OR TRADEMARKS WITHOUT SMALL BATCH FOOD COMPANY EXPRESS PRIOR WRITTEN CONSENT. ANY UNAUTHORISED USE WILL AUTOMATICALLY TERMINATE THE LICENCE GRANTED ABOVE.

YOU ARE GRANTED A LIMITED, REVOCABLE, AND NON-EXCLUSIVE RIGHT TO CREATE A HYPERLINK TO SMALLBATCHFOODCOMPANY.COM.AU SO LONG AS THE LINK DOES NOT PORTRAY SMALL BATCH FOOD COMPANY, ITS AFFILIATES, OR THEIR PRODUCTS OR SERVICES IN A FALSE, MISLEADING, DEROGATORY OR OTHERWISE OFFENSIVE MANNER. IF REQUESTED BY SMALL BATCH FOOD COMPANY, YOU MUST REMOVE ANY HYPERLINK TO THIS WEBSITE CONTAINED ON YOUR WEBSITE OR ANY OTHER DIGITAL CONTENT.  YOU MAY NOT USE ANY SMALL BATCH FOOD COMPANY LOGO OR OTHER PROPRIETARY GRAPHIC OR TRADE MARK AS PART OF THE LINK WITHOUT SMALL BATCH FOOD COMPANY EXPRESS PRIOR WRITTEN CONSENT.

THIRD PARTY WEBSITES

SMALL BATCH FOOD COMPANY MAY INCLUDE LINKS ON THIS WEBSITE TO WEBSITES OWNED BY OTHER PARTIES. SMALL BATCH FOOD COMPANY IS NOT IN ANY WAY RESPONSIBLE FOR THE MATERIAL CONTAINED ON THESE SITES, NOR IS SMALL BATCH FOOD COMPANY RESPONSIBLE FOR THE AVAILABILITY OF THESE SITES. FARMGATE CHEESE DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INCLUDING ADVERTISING OR PRODUCTS OFFERED ON THESE SITES, NOR ISSMALL BATCH FOOD COMPANY RESPONSIBLE FOR ANY DAMAGE, OFFENCE OR LOSS CAUSED AS THE RESULT OF VISITING THESE WEBSITES.

SMALL BATCH FOOD COMPANY RECOMMENDS THAT BEFORE YOU VISIT ANY WEBSITE YOU CHECK THAT YOUR COMPUTER IS RUNNING UP-TO-DATE VIRUS CHECKING SOFTWARE.

TERMS OF TRADE

IF YOU PURCHASE ANY PRODUCTS VIA THIS WEBSITE, YOU MUST AGREE TO SMALL BATCH FOOD COMPANY TERMS OF TRADE.

PURCHASE AND SALE OF ALCOHOL

ALL ALCOHOLIC PRODUCTS OFFERED FOR SALE BY FARMGATE CHEESE ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 YEARS. UNDER VICTORIAN LEGISLATION GIFTS CONTAINING ALCOHOL CAN ONLY BE PURCHASED BY SOMEONE OTHER THAN THE ULTIMATE RECEIVER AND BOTH THE PURCHASER AND THE ULTIMATE RECEIVER NEED TO BE OVER 18 YEARS OF AGE. 

SMALL BATCH FOOD COMPANY SUPPORTS THE RESPONSIBLE SERVICE OF ALCOHOL. 

1. UNDER THE LIQUOR CONTROL REFORM ACT 1998 IT IS AN OFFENCE FOR A LICENSEE TO SUPPLY LIQUOR TO A PERSON UNDER THE AGE OF 18 YEARS. IT IS AN OFFENCE FOR A PERSON UNDER THE AGE OF 18 YEARS TO PURCHASE OR RECEIVE LIQUOR FROM ANOTHER PERSON. 

2. ALCOHOL QUANTITIES ARE LIMITED TO 1.5 LITRES PER RECIPIENT. WHEN PLACING ORDERS CUSTOMERS SHOULD ENSURE THAT THEY DO NOT EXCEED SENDING THE PERMITTED ALCOHOL LIMIT OF 1.5 LITRES (APPROXIMATELY TWO BOTTLES) PER RECIPIENT. 

3. PURCHASER REPRESENTATION: BY TICKING THE ‘I AGREE’ BUTTON DURING THE CHECKOUT PROCESS, THE PURCHASER REPRESENTS THAT THEY AND THE RECIPIENT, ARE OVER 18 YEARS OLD. THE PURCHASER ACCEPTS THAT IT IS AN OFFENCE TO FALSELY REPRESENT THEY ARE OF LEGAL AGE TO PURCHASE ALCOHOL AND TO OBTAIN ALCOHOL ON BEHALF OF A PERSON WHO IS UNDER 18 YEARS. 

4. DELIVERY: UPON DELIVERY OF SMALL BATCH FOOD COMPANY PRODUCTS, THE RECIPIENT MAY BE REQUIRED TO PROVIDE A VALID ID FOR PROOF OF AGE AND SIGN FOR THE GOODS.

PRIVACY

PERSONAL INFORMATION PROVIDED TO SMALL BATCH FOOD COMPANY VIA THIS WEBSITE WILL BE HANDLED IN ACCORDANCE WITH SMALL BATCH FOOD COMPANY PRIVACY POLICY.

SECURITY

SMALL BATCH FOOD COMPANY CREDIT CARD TRANSACTIONS ARE FULFILLED BY A BANKING INSTITUTION AUTHORISED UNDER THE LAWS APPLICABLE TO THIS WEBSITE. WHEN COLLECTING CREDIT CARD INFORMATION FOR ONLINE PURCHASES, SMALL BATCH FOOD COMPANY OFFERS SECURED SERVER TRANSACTIONS THAT ENCRYPT YOUR INFORMATION IN TRANSIT TO PREVENT OTHERS FROM ACCESSING IT. ALL INFORMATION IS STORED ON A SECURE SERVER. YOUR CREDIT CARD DETAILS ARE ENCRYPTED AND THEN REMOVED FROM OUR SYSTEM ONCE YOUR ORDER HAS BEEN DISPATCHED.

ALTHOUGH SMALL BATCH FOOD COMPANY ENGAGES ALL REASONABLE EFFORTS TO SAFEGUARD THE SECURITY OF YOUR INFORMATION, TRANSMISSIONS MADE ON OR THROUGH THE INTERNET CANNOT BE GUARANTEED TO BE ENTIRELY SECURE. PLEASE CONTACT YOUR FINANCIAL INSTITUTION IMMEDIATELY IF YOU BECOME AWARE OF UNAUTHORISED USE OF YOUR ACCOUNT.

YOU WILL NEED TO REGISTER TO USE CERTAIN PARTS OF THIS WEBSITE. WHEN REGISTERING, YOU WILL BE REQUIRED TO NOMINATE A USERNAME AND PASSWORD. YOU MUST KEEP THIS USERNAME AND PASSWORD SAFE AND MUST NOT DISCLOSE THIS INFORMATION TO ANY THIRD PARTY. IF YOU BECOME AWARE OF UNAUTHORISED USE OF YOUR ACCOUNT, PLEASE NOTIFY US IMMEDIATELY.

COOKIES

IF YOUR WEB BROWSER IS SET UP TO ACCEPT COOKIES, A COOKIE WILL BE STORED ON YOUR HARD DRIVE WHEN YOU VISIT SMALL BATCH FOOD COMPANY WEBSITE. COOKIES ALLOW SMALL BATCH FOOD COMPANY TO COLLECT INFORMATION ABOUT YOUR COMPUTER, WHICH MAY INCLUDE YOUR IP ADDRESS (A NUMBER ASSIGNED TO YOUR COMPUTER WHEN YOU REGISTER WITH AN INTERNET SERVICE PROVIDER), TYPE OF BROWSER, OPERATING SYSTEM, DOMAIN NAME, AND THE DETAILS OF ANY WEBSITE WHICH HAS REFERRED YOU TO THIS WEBSITE. SMALL BATCH FOOD COMPANY USES COOKIES TO TRACK AND COLLECT INFORMATION ABOUT WHICH PARTS OF SMALL BATCH FOOD COMPANY SITE AND NEWSLETTER (INCLUDING LINKS TO OTHER WEBSITES) ARE BEING VISITED BY YOU.

COOKIES ALSO ALLOW SMALL BATCH FOOD COMPANY TO RECOGNISE YOUR COMPUTER WHILE YOU ARE ON SMALL BATCH FOOD COMPANY SITE, AND TO SEND YOU TO THE COUNTRY OF ORIGIN AND LANGUAGE YOU SELECTED ON YOUR FIRST VISIT TO SMALL BATCH FOOD COMPANY SITE. THIS INFORMATION IS USED TO MAINTAIN THE QUALITY OF OUR SERVICE AND TO PROVIDE TRACKING AND STATISTICS REGARDING THE USE OF OUR WEBSITE.

IF YOU WOULD RATHER NOT HAVE THIS INFORMATION STORED ON YOUR COMPUTER, YOU CAN CONFIGURE YOUR BROWSER SO IT DOES NOT ACCEPT COOKIES. HOWEVER, IF YOU DISABLE COOKIES YOU MAY NOT BE ABLE TO ACCESS ALL PARTS OF THIS WEBSITE, INCLUDING THE PURCHASE SECTION.

GENERAL

SMALL BATCH FOOD COMPANY MAY VARY THESE TERMS AND CONDITIONS AT ANY TIME BY PUBLISHING A REVISED VERSION OF THE TERMS AND CONDITIONS ON THIS WEBSITE.

THE LAW APPLICABLE TO THIS WEBSITE IS THE LAW OF THE STATE OF VICTORIA, AUSTRALIA.

SHIPPING AND SHOPPING

THE INFORMATION CONTAINED WITHIN THIS DOCUMENT RELATES TO THE SMALL BATCH FOOD COMPANY ONLINE STORE, TRADING UNDER SMALL BATCH FOOD COMPANY.

PLEASE READ THESE TERMS OF TRADE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION INCLUDING WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY.

DEFINITIONS AND APPLICATION

1. IN THESE TERMS OF TRADE, "SMALL BATCH FOOD COMPANY" MEANS VINE & PADDOCK PTY. LTD. (ABN 69 153 280 409) TRADING AS SMALL BATCH FOOD COMPANY, 'YOU' MEANS THE ORGANISATION OR INDIVIDUAL WHO IS ORDERING PRODUCT ON THE WEBSITE, AND THE "PRODUCTS" MEANS THE SMALL BATCH FOOD COMPANY PRODUCTS WHICH MAY BE ORDERED ON THE WEBSITE.

2. THESE TERMS OF TRADE APPLY TO ANY PURCHASE OF ANY PRODUCTS BY YOU FROM THIS WEBSITE WHICH ARE DELIVERED IN AUSTRALIA.

DELIVERY

WHERE THE ORDER IS TO BE DELIVERED TO AN AUSTRALIAN ADDRESS, SMALL BATCH FOOD COMPANY WILL:

USE REASONABLE ENDEAVOURS TO DELIVER THE ORDER AS PER THE SELECTED DELIVERY DATE. NOTE; SELECTED PREFERRED DELIVERY DATES CANNOT BE GUARANTEED. AND REFER TO CUTOFF DATES AND TIMES ABOVE FOR ADDITIONAL RESTRICTIONS. 

PRICES & PAYMENT

ALL PRICES ON THE WEBSITE ARE IN AUSTRALIAN DOLLARS. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

THE AMOUNT PAYABLE TO SMALL BATCH FOOD COMPANY FOR AN ORDER (ORDER AMOUNT) WILL BE THE TOTAL OF THE FOLLOWING AMOUNTS:

A. THE SUM OF THE PRICE OF EACH PRODUCT ORDERED AS INDICATED ON THE WEBSITE AT THE TIME OF SUBMITTING THE ORDER (PRODUCT SUBTOTAL);

B. THE COST OF DELIVERY DETERMINED IN ACCORDANCE WITH DELIVERY STATED ABOVE, AND

YOU MUST PAY THE ORDER AMOUNT BY CREDIT CARD AT THE TIME OF SUBMITTING THE ORDER. SMALL BATCH FOOD COMPANY ACCEPTS VISA, MASTERCARD, OR AMERICAN EXPRESS.

C. WHILE WE SHALL ENDEAVOUR TO KEEP PRICING CURRENT AT ALL TIMES, PRICING MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.

NO WARRANTY

1. SUBJECT TO THE FOLLOWING CLAUSES AND TO THE FULLEST EXTENT PERMITTED BY LAW, FARMGATE CHEESE GIVES NO WARRANTY IN RESPECT OF THE PRODUCTS.

2. FOR CONSUMERS THE PRODUCTS COME WITH NON-EXCLUDABLE WARRANTIES AND GUARANTEES UNDER CONSUMER PROTECTION LEGISLATION, SUCH AS THAT SMALL BATCH FOOD COMPANY IS THE RIGHTFUL OWNER, THE PRODUCTS ARE REASONABLY FIT FOR THEIR USUAL PURPOSE, ARE OF ACCEPTABLE QUALITY, AND MATCH ANY DESCRIPTION OR SAMPLE. IF SMALL BATCH FOOD COMPANY BREACHES ANY OF THESE NON-EXCLUDABLE WARRANTIES OR GUARANTEES, YOU ARE ENTITLED, AT YOUR OPTION, TO A REFUND OR REPLACEMENT OF THE RELEVANT PRODUCTS, AND TO COMPENSATION FOR ANY REASONABLE FORESEEABLE LOSS.

3. YOU MAY ALSO HAVE EXPRESS RIGHTS OF ACTION AGAINST SMALL BATCH FOOD COMPANY UNDER CONSUMER PROTECTION LEGISLATION IF SMALL BATCH FOOD COMPANY SUPPLIED DEFECTIVE PRODUCTS TO YOU THAT CAUSE YOU INJURY, LOSS OR DAMAGE.

REFUNDS AND RETURNS 

SMALL BATCH FOOD COMPANY HAND PACKS ALL ITEMS THAT ARE TO BE DISPATCHED AND TAKES EVERY MEASURE TO ENSURE THAT THE CUSTOMER RECEIVES THE DELIVERY IN OPTIMUM CONDITION. IF AN ITEM HAS BEEN DAMAGED DURING TRANSIT, WE WILL REPLACE THE ITEM AT NO COST TO THE CUSTOMER, PROVIDING WE RECEIVE NOTICE OF DAMAGED GOODS WITHIN 24 HOURS OF RECEIVEING DELIVERY. PLEASE CALL OR E-MAIL US ON 03 9568 7046 OR ADMIN@SMALLBATCHFOODCOMPANY.COM.AU.

NOTE: ALL REFUNDS FOR ORDERS PLACED ONLINE OR OVER THE TELEPHONE ARE CREDITED BACK THE ORIGINAL CREDIT CARD ON WHICH THE ORDER WAS PURCHASED.

GST

1. SMALL BATCH FOOD COMPANY IS REGISTERED FOR GST (GOODS AND SERVICES TAX).

GENERAL

1. IF ANY PROVISION OF THESE TERMS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH TERM SHALL BE SEVERED AND THE REMAINING TERMS SHALL BE UNAFFECTED (IN THIS INSTANCE THE PARTIES SHALL USE REASONABLE ENDEAVOURS TO NEGOTIATE A SUITABLE SUBSTITUTE PROVISION).

2. SUBJECT TO CLAUSES 8.2 AND 8.3 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS OF TRADE TOGETHER WITH THE ORDER (AS ACCEPTED BY FARMGATE CHEESE), THE LEGAL NOTICE ON THE WEBSITE AND FARMGATE CHEESE'S PRIVACY POLICY CONSTITUTE THE WHOLE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PRIOR DISCUSSIONS AND AGREEMENTS BETWEEN THEM.

3. ORDERS AND THESE TERMS OF TRADE WILL BE GOVERNED BY THE LAW APPLYING IN THE STATE OF VICTORIA, AUSTRALIA, AND THE PARTIES IRREVOCABLY SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF VICTORIA, AND THE COURTS COMPLEMENT TO DETERMINE APPEALS FROM THOSE COURTS, WITH RESPECT TO ANY PROCEEDINGS THAT MAY BE BROUGHT AT ANY TIME IN RELATION TO THESE TERMS OF TRADE.

 

Vine & Paddock Pty Ltd t/a SMALL BATCH FOOD COMPANY

UNIT 9/18-20 EDWARD STREET, OAKLEIGH VICTORIA 3166 AUSTRALIA

ABN: 69 153 280 409 ACN: 153 280 409

Telephone: +61 3 9568 7046