FARMER BUTCHER MARKETPLACE TERMS AND CONDITIONS

Important information before ordering

1. Farmer Butcher operates an online marketplace connecting customers with independent Australian farmers, butchers, producers and suppliers.
2. The seller responsible for supplying each product is identified on the relevant product page, farm profile, cart, checkout or order confirmation.
3. You may cancel an order because you have changed your mind only if Farmer Butcher receives your cancellation request within 48 hours after payment is successfully processed.
4. After the 48-hour cancellation period, the seller may have allocated livestock, carcass weight, butcher capacity, packaging, ingredients, freight capacity or production resources specifically to your order. Change-of-mind cancellations, reductions, substitutions and refunds are therefore not available after that period.
5. Meat is a natural and perishable product. Weight, shape, colour, marbling, fat coverage, bone content, cut size and appearance may vary within the product description and any stated weight range.
6. Delivery dates, preferred delivery days and processing windows are estimates unless Farmer Butcher or the seller expressly agrees in writing that a particular date is guaranteed.
7. The 48-hour change-of-mind rule does not limit any right or remedy available under the Australian Consumer Law.

1. About Farmer Butcher

• Farmer Butcher, we, us or our means the legal entity identified above.
• Customer, you or your means the person placing an order.
• Seller means the farmer, butcher, producer, supplier or other independent business identified as supplying a product.
• Product means meat, seafood where applicable, smallgoods, bones, offal, prepared meat products and any related product offered through the marketplace.
• Order means an order submitted and paid for through the marketplace.
• Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. Acceptance of these Terms

• place an order;
• complete payment;
• create or use an account;
• select a cut list or processing option;
• accept an offer through Farmer Butcher; or
• otherwise use the marketplace to purchase products.

3. Farmer Butcher’s marketplace role

• displaying seller and product information;
• providing ordering and checkout technology;
• processing or facilitating payments;
• transmitting orders to sellers;
• administering customer communications;
• assisting with delivery and tracking information;
• recording product concerns;
• referring claims to the relevant seller; and
• administering refunds, credits, replacements or other remedies on behalf of a seller.

• accepting and fulfilling the order;
• livestock and product allocation;
• processing, butchering and preparation;
• compliance with applicable food and product requirements;
• ensuring the product corresponds with its description;
• supplying products of acceptable quality;
• addressing missing, faulty, unsafe or materially non-compliant products; and
• providing any remedy the seller is legally required to provide.

4. Orders and contract formation

• payment is successfully authorised;
• an order confirmation is issued; and
• the order is accepted for fulfilment by the relevant seller.

• a product is unavailable;
• livestock or processing capacity is unavailable;
• a product, weight, delivery or price error has occurred;
• the seller cannot reasonably fulfil the order;
• the delivery address is outside the available area;
• payment has failed or appears unauthorised or fraudulent;
• the order breaches these Terms; or
• fulfilment would breach a law, safety requirement or supplier restriction.

5. Prices and payments

• the product price;
• packaging, processing or custom-cut charges;
• delivery and freight charges;
• payment-method charges that are clearly disclosed before payment;
• optional extras selected by you; and
• any other amount shown in the final checkout total.

• your use of that service is also subject to the provider’s terms;
• approval, repayment schedules and eligibility are determined by the provider;
• Farmer Butcher does not provide financial or credit advice;
• a refund may be processed through the payment provider; and
• the provider may take additional time to update or return your payments.

6. Change-of-mind cancellation period

6.1 The 48-hour cancellation window

• the designated cancellation function in your account;
• the Farmer Butcher support form; or
• the customer support email stated in these Terms.

6.2 Cancellations received within 48 hours

6.3 After the cancellation deadline

• allocated all or part of a live beast or carcass to the order;
• committed livestock to processing;
• booked butcher or production capacity;
• begun ageing, cutting, curing, smoking or preparation;
• ordered packaging or ingredients;
• rejected other customer orders based on allocated capacity;
• arranged refrigerated freight; or
• incurred other costs specifically for the order.

• you changed your mind;
• you ordered the wrong product;
• you selected the wrong size or quantity;
• you no longer require the product;
• you found a cheaper product elsewhere;
• your freezer does not have enough space;
• your personal plans changed;
• you did not read the product description;
• you misunderstood an approximate weight that was clearly disclosed; or
• another person in your household does not want the product.

6.4 Australian Consumer Law preserved

7. Custom cuts and processing instructions

• one part of a carcass cannot always be used for multiple conflicting cuts;
• selecting one cut may reduce or remove the amount available for another cut;
• exact yields depend on the animal’s weight, conformation, fat coverage and bone structure;
• the butcher may make reasonable adjustments where a requested cut is not technically possible;
• cut quantities and individual pack weights are estimates unless expressly guaranteed;
• whole-animal, half, quarter and eighth packs naturally vary;
• sausages, mince, trim, bones and secondary cuts may vary according to the selected cut allocation; and
• butcher judgment may be required to produce a practical and safe result.

8. Natural product variation and approximate weights

• total weight;
• individual cut weight;
• cut shape and dimensions;
• marbling;
• fat coverage;
• bone size;
• colour;
• moisture content;
• ageing loss;
• trimming loss;
• carcass yield; and
• the ratio of steaks, roasts, mince, sausages, trim and bones.

• bones;
• excess fat;
• hide, organs or other non-retail components;
• moisture and ageing loss;
• cutting and trimming; and
• customer-selected processing options.

9. Product availability and substitutions

• a particular cut is unavailable;
• actual carcass yield differs from the estimate;
• a reward product is unavailable;
• livestock does not meet the expected processing specification; or
• an unforeseen supply issue occurs.

10. Delivery

10.1 Delivery estimates

• livestock availability;
• required ageing or hanging periods;
• butcher capacity;
• weather;
• road closures;
• courier schedules;
• regional delivery routes;
• public holidays;
• refrigeration requirements;
• biosecurity events; and
• circumstances outside reasonable control.

10.2 Preferred delivery days

10.3 Delivery address

• unit or apartment number;
• street number and name;
• suburb;
• state;
• postcode;
• telephone number;
• access instructions; and
• safe-place instructions where required.

10.4 Authority to leave

• to you;
• to a person at the delivery address;
• to your nominated safe place; or
• in accordance with your delivery instructions.

10.5 Prompt refrigeration

• failure to collect the order promptly;
• leaving products exposed to heat or direct sunlight;
• inadequate refrigeration or freezer space;
• power failure at the customer’s premises;
• incorrect storage;
• thawing and refreezing; or
• handling contrary to the label or supplied instructions.

11. Inspection after delivery

• package condition;
• product temperature and cold-chain condition;
• seals and vacuum packaging;
• product labels;
• quantities;
• cut selections;
• stated weights;
• missing items; and
• signs of damage, spoilage or contamination.

• retaining it would be unsafe;
• Farmer Butcher or the seller instructs you to dispose of it; or
• disposal is reasonably necessary.

12. Reporting missing, damaged or unsatisfactory products

• your name and order number;
• the affected product;
• a clear description of the problem;
• photographs of the product;
• photographs of the packaging and label;
• photographs of any courier damage;
• the quantity or weight affected;
• the time the order was received;
• how the product was stored after delivery; and
• a temperature reading where temperature is relevant and one can safely be obtained.

• protect food safety;
• identify the relevant product and seller;
• investigate courier or packaging issues;
• determine whether a product has deteriorated after delivery;
• verify missing items or weight discrepancies; and
• provide an appropriate remedy.

13. Missing items

• delivery of the missing item;
• a comparable replacement accepted by you;
• a refund for the missing item;
• a proportionate refund for a verified shortage; or
• another remedy agreed with you.

14. Product quality concerns

• normal colour differences between species, breeds, cuts or packaging methods;
• darkening or colour change associated with vacuum packaging;
• natural marbling or fat variation;
• differences in cut shape;
• small weight differences within a disclosed approximate range;
• bone fragments reasonably associated with bone-in cuts, provided the product remains safe and acceptable;
• moisture in vacuum packaging;
• minor packaging marks that do not affect product safety;
• reasonable butcher adjustments;
• personal taste preferences; or
• a dislike of a product that is otherwise safe, correctly described and of acceptable quality.

• unsafe or spoiled meat;
• contamination;
• a broken cold chain before delivery;
• significant packaging failure affecting safety or quality;
• a materially incorrect product;
• a material discrepancy from the agreed cut list;
• a material shortfall from an expressly promised minimum weight;
• undisclosed allergens;
• a product that does not match its description; or
• another failure to meet a consumer guarantee.

15. Remedies and refunds for product problems

• replace the affected product;
• supply the missing component;
• provide a proportionate refund;
• correct the issue; or
• provide another remedy within a reasonable time.

• the failure affects the order as a whole;
• the products cannot reasonably be separated;
• the failure is major in relation to the whole order; or
• the law otherwise requires it.

• that is not reasonably possible;
• the payment provider requires another process; or
• you agree to another method.

16. Australian Consumer Law

• a consumer guarantee;
• a right to a refund, replacement or other remedy;
• liability for reasonably foreseeable loss or damage;
• liability for unsafe goods;
• any right relating to misleading or deceptive conduct; or
• any other right or remedy that cannot lawfully be excluded.

17. Food safety, allergens and preparation

• products may be processed in facilities that also handle common allergens;
• sausages, marinades, cured products and smallgoods may contain allergens;
• product ingredients may vary between sellers;
• raw products must be cooked and handled appropriately; and
• products should not be consumed where packaging integrity or safety is reasonably in doubt.

18. Rewards, giveaways and promotions

• are subject to availability;
• have no cash value;
• may require a stated minimum spend;
• may be limited to one per customer or order;
• may be substituted with a reasonably comparable product;
• cannot be transferred separately from the qualifying order; and
• may be withdrawn where the qualifying order is cancelled or refunded.

19. Accounts and customer information

• maintaining the security of your account;
• checking saved delivery addresses;
• checking contact details;
• keeping login information confidential; and
• notifying Farmer Butcher of unauthorised account activity.

• fraud;
• payment abuse;
• repeated false claims;
• abusive or threatening conduct;
• misuse of discounts or rewards;
• interference with the marketplace;
• unlawful activity; or
• a material breach of these Terms.

20. Prohibited conduct

• use the marketplace unlawfully;
• provide false or misleading information;
• place fraudulent orders;
• use another person’s payment method without authority;
• interfere with the website or checkout;
• introduce malicious code;
• scrape or extract marketplace data without permission;
• impersonate another person or seller;
• make knowingly false product claims;
• abuse Farmer Butcher personnel, sellers, couriers or other users; or
• use the marketplace in a way that infringes another person’s rights.

21. Chargebacks and payment disputes

22. Liability

• Farmer Butcher is responsible for its own marketplace services, payment administration, conduct and representations;
• the seller is responsible for the products it supplies and its own conduct and representations;
• Farmer Butcher is not responsible for a seller’s conduct merely because Farmer Butcher provided marketplace technology or administrative assistance;
• liability will be reduced to the extent that loss was caused or contributed to by the customer’s conduct;
• a party must take reasonable steps to minimise loss; and
• neither party is liable for indirect or consequential loss except where that liability cannot lawfully be excluded.

• is itself legally the supplier;
• made the relevant representation;
• caused or contributed to the loss;
• breached a consumer guarantee applying to its services; or
• is otherwise legally responsible.

23. Events outside reasonable control

• extreme weather;
• floods, fires or natural disasters;
• animal health or biosecurity events;
• processing-facility closure;
• equipment breakdown;
• labour shortages;
• courier disruption;
• road closure;
• power or refrigeration failure;
• government action;
• disease outbreak;
• cyberattack; or
• telecommunications failure.

24. Complaints and disputes

• record the complaint;
• identify the relevant seller;
• request supporting information where reasonably required;
• refer the complaint to the seller;
• assist communications;
• provide updates where reasonably practicable; and
• help administer an agreed or legally required remedy.

• seeking urgent legal relief;
• contacting a fair-trading authority;
• contacting the ACCC;
• using a tribunal or court;
• contacting a payment provider; or
• exercising any right available under law.

25. Privacy

• the relevant seller;
• the processing butcher;
• couriers and logistics providers;
• payment providers;
• technology providers;
• insurers;
• professional advisers; and
• regulators or authorities where required by law.

26. Intellectual property

27. Changes to these Terms

• the change is required by law;
• the change benefits the customer; or
• the customer agrees to the change.

28. General provisions

28.1 Entire agreement

28.2 Inconsistency

28.3 Severability

28.4 No waiver

28.5 Assignment

28.6 Governing law

29. Contact details

CHECKOUT ACKNOWLEDGEMENT

• I have reviewed the products, seller, quantities, approximate weights, cut selections, delivery address, charges and total price.
• I understand that change-of-mind cancellation requests must be received within 48 hours after payment.
• I understand that after 48 hours, livestock, carcass, butcher capacity or production resources may be allocated to my order and change-of-mind refunds will not be available.
• I understand that meat is a natural product and reasonable variations may occur.
• I understand that delivery dates and preferred delivery days are estimates unless expressly guaranteed.
• I agree to the Farmer Butcher Marketplace Terms and Conditions.
• I understand that nothing in these Terms limits my rights under the Australian Consumer Law.