Terms & Conditions

USER CONDITIONS

Introduction
No reliance
Copyright Notice
No Warranty
Limitation of Liability
Local Laws and Regulations
Privacy Statement
Validity of Provisions and remedies
Waiver
Links to the site
Governing law and jurisdiction

1. Introduction

Thank you for accessing this Website www.shambhalafarm.com.au Please read these User Conditions before using this site which is operated by Shambhala Living Pty Ltd (“we” or “us“), a company incorporated in Australia, whose registered office is at 58 Justin Rd Doonan QLD Australia 4562 (registered ABN: 98 125 947 159) We operate on this farm for the purpose of growing, packing, processing, receiving, promoting and selling the products and services supplied by us and our partner farms and companies. By using this site, you signify your acceptance of these conditions in return for which we will provide you with access. From time to time we may modify the conditions so please continue to review the conditions of use whenever accessing or using this site. If at any time you do not wish to accept these conditions then you may not use this site.

2. No Reliance

Whilst we take steps to ensure the accuracy of the information accessed via this site, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

3. Copyright Notice

This site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together “Content“) are protected by copyright, trade marks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this site must be notified to and approved by us before they are created or steps are taken to create the same.

4. No Warranty

This site and its content are provided “as is” excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors, viruses, worms or “Trojan horses” and we shall not be liable for any damage you may suffer as a result of such destructive features.

5. Limitation of Liability

You acknowledge that your use of this site and its content is at your own risk.

Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.

6. Local Laws and Regulations

This site is not directed at persons in a jurisdiction where for any reason the site’s publication or availability is prohibited and any person for whom such a prohibition applies must not access the site. Those who access the site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.

7. Privacy statement

There are a number of pages on this website where you may input your personal information. Please see our privacy policy for further details. Where you do consent to our holding and use of your personal information, it is intended that such consent will benefit any purchaser of our business.

8. Validity of provisions and remedies

If any provision of these conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.

9. Waiver

No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

10. Links to the site

Websites or pages to which this site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.

11. Governing law and jurisdiction

These conditions are governed by the laws of Australia.

TERMS & CONDITIONS

Introduction
Revisions
Registration
Password and security
Payment
Product purchases
Delivery of products and inspection by you
Excluded services
Availability of the website
Cancellation rights
Warranties and Shambhala Farm’s liabilities
Your statutory rights
Applicable law
Miscellaneous
Amendments
Allergens

1. Introduction

These Terms and Conditions govern your relationship with Shambhala Living Pty Ltd a company incorporated in Australia (registered ABN: 98 125 947 159), whose registered office is at 58 Justin Rd Doonan QLD Australia 4562 (“Shambhala Farm”, “we”, “our” or “us”) and all orders that you may make for the food, drinks and Products advertised for sale by us (the “Products”) via the shambhala farm Website, www.shambhalafarm.com.au (the“Website”). Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from Shambhala Farm.

1. Revisions

We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 13 below. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from Shambhala Farm. These Terms and Conditions were last updated on [1^st October] 2013 .

2. Registration

2.1. To order from Shambhala Farm, you must register with us. This is referred to as ‘set up an account’ and also referred to as ‘sign up’ and ‘register’ throughout our Website and literature. However, this is not a credit account; payment will be required upon delivery of goods. This account can be set up by following the instructions on the Website.

2.2. To register with Shambhala Farm you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.

2.3. You must ensure that the details provided by you on registration or at any time are correct and complete.

2.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website.

2.5. The personal and payment details you give to us are governed by a strict privacy policy – please see the separate document by clicking on our privacy policy.

2.6. Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for your future reference.

3. Password and security

3.1. When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the your account section of the Website.

3.2. If Shambhala Farm has reason to believe that there is likely to be a breach of security or misuse of the Shambhala Farm Website, we may require you to change your password or we may suspend or cancel your account.

3.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account (save as stated in paragraph 8.9 below). You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.

4. Payment

4.1. You must ensure that Shambhala Farm are provided with details of a valid credit or debit card bearing either the Mastercard or Visa symbol. You must update us with any change to these details within the deadlines specified on the Website. You can make changes to your payment details by updating them in the ‘your account’ section of the Website or by calling or writing to us via the contact details on the Website. Without prejudice to paragraph 5.10 below, we accept no liability for card security if card details are emailed to us as email is by nature insecure.

4.2. Your credit card and payment details will be held on our system; we do our utmost to ensure the security of these details. More information about data security is in our privacy policy. Your card will automatically be charged for the goods which you have ordered, on or after the day we deliver them to you. We will submit our request for payment to your bank within 72 hours of your delivery, and normally within 24 hours. We cannot, however, accept any liability for how long it takes the bank to process the payment.

4.3. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.

4.4. If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your orders via our Website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the Website again. You can, however, change orders by calling or emailing us (contact details are on the Website), during our office opening hours and subject to our order deadlines.

4.5. If you pay by cheque we cannot guarantee when this will be paid in by us and when the amount will be taken from your account.

5. Product purchases

5.1. You must be over the age of eighteen to purchase alcohol from Shambhala Farm. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order.

5.2. You may submit orders for Products by using our online ordering facility on the Website at any time after you have created an account and your account has been verified and activated. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

5.3 Each Product for which you click ‘Add to order’ is added to a ‘standing order’ facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your standing order. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking ‘submit changes’. After you have clicked ‘submit’ and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. The Website still allows you to review all the Products that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the Website. You can do this by clicking on ‘manage my standing order’ whenever you are logged in.

5.4. Your submission of an order amounts to an offer to enter a contract to buy the Products from us; subject to paragraph 5.3, you cannot then withdraw or cancel your order except as stated below.

5.5. Orders are accepted from you when you are logged in on our Website and you click ‘add to order’ or ‘submit change’ in the manage my standing order screen. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of Products to you arises on our acceptance of your order.

5.6. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the Product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of Products.

5.7. Subject to clauses 5.8 and 5.9. below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the ‘place order’ button.

5.8 All Products offered by us are subject to seasonal changes in supply levels and supply prices. If you are a ‘subscription’ customer (e.g. where you choose to have repeat orders of Products) the prices for certain Products may therefore differ from the price for those Products when first ordered by you. The prices for all Products ordered on a subscription basis shall be those prices for the Products stated on our Website. We recommend that you check the Website regularly. The Website still allows you to review all the Products (and their prices) that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the Website.

5.9. Some of our Products are priced by weight (for example, some vegetable, meat & fish Products). We show the prices for weights on the Website. The average weight and price shown is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of Product delivered. If the weight of the Product exceeds the guide weight by more than 20%, the price you are charged will not exceed 20% in addition to the average.

5.10. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the Website. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the Products especially to fulfil your order and may not be able to sell the Products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 9.3 below insofar as the order is for non-perishable Products.

5.11. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.

5.12. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.

5.13 All prices for Products are inclusive of any applicable GST.

6. Delivery/Pick up locations of Products and inspection by you

6.1. We will make delivery to your ‘pick up location’ as stated when you set up an account. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address or pick up location. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our Website.

If you do not or cannot pick up your box from the agreed pick up location within the agreed time slot, you will still be charged for your order and will be responsible for contacting us or the pick up contact to make suitable arrangements to retrieve your order. If your order is of perishable nature and is unable to be kept chilled for a suitable time we or the pick up location contact reserve the right to discard the perishables for health risk reasons.

6.2. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so.
6.3 Where we agree with you that we will hold a key to your premises and make delivery of the products to a place within those premises by using the key, the following terms shall apply:

we will use our reasonable endeavours to ensure that we hold the keys securely;
we will use our reasonable endeavours to ensure that the products are delivered to a place within the premises that you and we have agreed;
save in respect of losses, damages or costs caused by our negligence in relation to our holding and use of your keys (for which we shall be liable to you for all such losses, damages and costs that were foreseeable by you and us at the time we entered into the contract for the supply of the products), we shall not be liable to you for any losses, damages or costs (whether in contract or tort) arising from our holding and use of your keys;
nothing in this paragraph 6.3 shall limit or exclude our liability for death or personal injury or damage to property caused by our negligence or wilful misconduct.6.4. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for Products unless or until we have delivered them to you.6.5. We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in paragraph 10 below.
6.6. You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products. Otherwise our liability is limited as provided in paragraph 14.

7. Excluded services

7.1. It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.

8. Availability of the Website

8.1. Although Shambhala Farm aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

8.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email ( info@shambhalafarm.com.au) or telephone (07 54711106).

9. Cancellation rights

9.1. Shambhala Farm may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

9.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using Shambhala Farm’s services.

9.3. In the case of non-perishable Products only, our customers who are consumers (being those customers ordering the Products outside of the course of their business or trade) have the right to cancel the order and contract for those Products at any time until the expiry of the 7th working day after the date of delivery of the Products by notifying us by telephone (0754711106), email ( info@shambhalafarm.com.au) or post (Shambhala Farm, 58 Justin Rd Doonan QLD Australia 4562). We will arrange with you to collect or have you return any such non-perishable goods; we will credit your payment card with the price (if any) that you have paid for such Products less our reasonable costs in collecting the goods. In the case of perishable Products you do not have the right to cancel the order or contract after deadlines published on our Website. The rights set out at this paragraph 9.3 are in addition to your rights at paragraph 10.2.

9.4. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.

10. Warranties and Shambhala Farm’s liabilities

10.1. Whilst Shambhala Farm tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 11, below), Shambhala Farm may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.

10.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 6.6. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products.

10.3 The warranty in paragraph 10.2 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession.

10.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:

any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;
any losses which are not caused by any breach by us; or
business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).10.5 Subject to the provisions of paragraph 6.3 and 10.6, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.10.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
10.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

11. Your statutory rights

11.1If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).

11.2It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (http://www.fairtrading.qld.gov.au/).

12. Applicable law

12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of QLD Australia.

12.2. The Australian courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.

13. Miscellaneous

13.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

13.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

13.3. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).

14. Amendments

We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the Shambhala Farm Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Shambhala Farm or use the Shambhala Farm Website. If you continue to use the Shambhala Farm Website after the date on which the change comes into effect, your use of the Shambhala Farm Website indicates your agreement to be bound by the new Terms and Conditions.

15. Allergens

Shambhala Farm handles celery, celeriac and nuts.
Our little kitchen handles gluten, celery, celeriac, soya, sulphites and milk.