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Hygienic Meats Online Terms and Conditions

If you’re shopping online on behalf of a business, please see our Terms and Conditions for Business.

To shop for your business you have to agree to Hygienic Meats Online a Terms and Conditions for Business by creating a dedicated business account. Customers cannot use their personal profile for business orders.

These terms and conditions are important and you should read them fully. But there are some specific terms we wanted to make you aware of. These are set out below.

  • We may stop making our Site available without prior notice. However, if we do, any Orders made won’t be affected unless the relevant products are no longer available or we or one of our partners are prevented from supplying those products. (see clause 1.6(d) for more details).
  • Hygienic Meats and our Partners may cancel your Order for certain reasons and may reject your Order for any reason. If Hygienic Meats or a  Partner rejects your Order, they will endeavour to provide you with notice of that rejection. (see clauses 3.1 and 4.2 for more details).
  • Hygienic Meats is not liable for (i) any loss or damage caused to your property or suffered by you in connection with a delivery; or (ii) any external websites accessible on our site. (see clauses 1.7, 3.4(e) and 4.5(e) for more details).
  • Without limiting your consumer law rights, Hygienic Meats: (i) is not liable to you for any indirect or consequential loss other than where such loss arises as a result of our own negligence or wilful misconduct; (ii) is not responsible for the agreement between you and any  Partner, including for the supply and delivery of  products; (iii) our liability to you under these terms will be reduced to the extent you either caused or contributed to that loss or damage; and (iv) our liability to you arising under or in connection with our Delivery Now Service will be limited to the Delivery Now Fee paid by you. (see clauses 3.5(c), 4 and 5.1 for more details).
  • Hygienic Meats will not be liable for any damage to products delivered by Hygienic Meats from the date and time of delivery, including where such products have been delivered to your nominated courier or transport provider for Remote Delivery Orders. If your Order is a Pick Up Service, Hygienic Meats will not be liable for any damage to products from the date and time you collect those items from either a Hygienic Meats store or one of our Direct to boot locations (see clauses 3.9(g) and 3.10 for more details).
  • Hygienic Meats may change these terms and conditions at any time. However, the terms and conditions current as at the time Hygienic Meats accepts your Order will apply. (see clause 5.3 for more details).
  1. Site conditions of Use

1.1 Introduction

  1. Thank you for shopping with us. Please read these terms and conditions before accessing or using the website at www.hygienicmeats.com.au
  2. The Site includes:
    • Hygienic Meats Online where you may purchase Grocery Products sold by Hygienic Meats; and
  1. where you may purchase Products sold by our Partners.
  1. Marketplace Pty Limited are collectively or individually referred to as Hygienic Meats, usor we in these terms and conditions as the context provides.
  2. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

1.2 Your agreement to the terms and conditions

By accessing and using the Site, including placing orders of Products through the Site, you agree that you will be subject to and will comply with these terms and conditions.

  1. by completing your registration through the Site; and
  2. using the Site to order and purchase Products.

1.3 Registration and use of your account

  1. You must complete the customer registration process through the Site before placing an Order for Products through the Site.
  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. You may not have more than two accounts per delivery address.
  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.

1.4 Your obligations

  1. You:
    • must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
    • must notify us through our Customer Service Centre on 8584 7516 during Contact Hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
    • must promptly advise us of any changes to your information provided to us as part of the customer registration process;
    • must provide us with your date of birth to place an Order for a Restricted Product (for example, a Product that contains liquor, alcohol or tobacco) or where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;
    • are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
    • are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
    • agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
    • should check the labels on the Products before consumption or use.
  2. You must not:
    • use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
    • use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
    • make fraudulent or speculative enquiries, purchases or requests through the Site;
    • use another person’s details without their permission or impersonate another person when using the Site;
    • post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
    • tamper with or hinder the operation of the Site;
    • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
    • use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
    • modify, adapt, translate or reverse engineer any portion of the Site;
    • remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
    • reformat or frame any portion of the web pages that are part of the Site;
    • create accounts by automated means or under false or fraudulent pretences;
    • use the Site to violate the security of any computer or other network or engage in illegal conduct;
    • take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
    • use the Site other than in accordance with these terms and conditions; or
    • attempt any of the above acts or engage or permit another person to do any of the above acts.

1.5 Warranties

You warrant that:

  1. all information and data provided by you to us through the Site (including as part of the customer registration 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.

1.6 Suspension of account

  1. 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. Hygienic Meats also reserves the right to otherwise cancel Orders in accordance with clauses 3.11 and 4.7.
  2. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
    • the breach cannot be remedied;
    • you fail to the remedy the breach within 10 days of our notice to you of that breach; or
    • if there is an emergency.
  3. You may stop using the Site at any time and for any reason.
  4. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have, or a Partner has, accepted will not be affected by this unless the Products that have been ordered are no longer available or we are, or an Partner is, 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.
  5. If we lock, suspend or delete your account under this clause 1.6, 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.

1.7 Links on the Site

The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:

  1. we make no representations or warranties, or have any responsibility or liability for those websites; and
  2. these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

You agree that you access and use the products and services made available at those sites solely at your own risk.

1.8 Accuracy of information on the Site

Hygienic Meats attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.

  1. Ordering and purchasing Products generally

2.1 Ordering Products

  1. You may order Products (including Products) by selecting and submitting your Order through the Site in accordance with these terms and conditions.
  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.
  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. You agree to provide us with current, complete and accurate details when asked to do so by the Site.

These amounts are subject to change by us from time to time and will be communicated to you through the Site and/or in these Terms and Conditions.

2.3 Fees and charges

  1. You agree to pay, the following fees and charges in relation to an Order that you place through the Site which is accepted (as applicable):
    • the delivery or service fee provided to you at the time you selected the relevant delivery or collection window when placing your Grocery Order or the delivery or service fee shown on the site and displayed when you place your Grocery Order using our Delivery Now service (Delivery fee for orders in other Riverland towns – $5);
    • the cancellation fee for a Grocery Order that is cancelled as set out in these terms and conditions; and
    • any other fees and charges set out in these terms and conditions.
  2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable. In respect of Products, where a Product contains taxable and non-taxable parts (i.e. a ‘mixed supply’ product such as a hamper) GST is apportioned on the basis of the taxable parts of that Product and rounded up to the nearest whole percentage (i.e. GST may not be apportioned on the basis of the taxable parts of that Product only). GST will be remitted by the relevant Partner to the Australian Taxation Organisation on this basis.
  3. The purchase price of each Product is shown on the product list on the Site at the time you place your Order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our supermarkets or in other sales channels for the same Product.
  4. The fees for reusable plastic bags and “crate to bench” service are shown at the top of your cart at the time you check out. These fees are flat fees for providing the bags and service and may be subject to change upon notice. If you require further information in relation to the Bag Fee or Crate Service Fee, please contact our Customer Hub on 8584 7516.
  5. You acknowledge that:
    • we, and our Partners, are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site at our supermarket or in other sales channels, or vice versa; and
    • all pricing displayed on the Site may differ depending on the postcode you have selected (for example, the price for a Product in Sydney may differ to the price for that same Product in Melbourne).
  6. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once your Order has been accepted, no changes will be made to the prices that apply to the Products in that Order.

2.4 Payment methods

  1. You must pay the fees and charges online using the online payment methods in clause 2.4(b).
  2. We accept the following credit cards:
    • Visa and Visa Debit;
    • MasterCard and MasterCard Debit;
    • Stripe Payments
  3. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of the dishonour and cancel your Order.
  4. You authorise Hygienic Meats to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
  5. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

2.5 Invoices

  1. If you purchase Grocery Products and Products in the same Order, the total amount of the Order will be processed in one payment transaction. However, you will be provided with separate invoices for Grocery Products and Products.
  2. We will provide you with a receipt for the Grocery Products in your Order at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the Order and the out-of-stock items. Where we have charged you for the Grocery Products in your Order at the time your Order was confirmed, the receipt will also include the dollar value refunded to your card of purchase for any out-of-stock items or weight ranged items supplied below the maximum weight.
  3. For Orders, the relevant Partner will provide you with an invoice. Invoices are downloadable from the ‘My Invoices’ section of your Hygienic Meats account.

2.6 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. If you are unsure whether the person contacting you is from Hygienic Meats, please contact our Customer Service Centre on 8584 7516 during Contact Hours or email shoponline@Hygienic Meats.com.au .

  1. Grocery Products

3.1 Acceptance or rejection of a Grocery Order

  1. We reserve the right to accept or reject your Grocery 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 Grocery Order.
  2. Each Order placed for a Grocery Product through the Site that we accept results in a separate binding agreement between you and us for the supply of that Product. For each Grocery Order accepted by us, we will supply each Product in that Order to you in accordance with these terms and conditions.
  3. If we reject a Grocery Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place that Order or within a reasonable time after you submit that Order.

3.3 Product purchase limits

  1. 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 Grocery Order or within a reasonable time after you submit that Order.
  2. If you wish to place a Grocery Order that differs from our ordering requirements, then you will need to contact our Customer Service Centre on 8584 7516 during Contact Hours. If we agree to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your Order.
  3. If we reasonably believe you are placing multiple Orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.

3.7 Hygienic Meats Pick Up Service

  1. During the ordering process, you can select a store from which you will collect your Grocery Order (Pick Up Service). An estimated collection date will be displayed at the time your order is placed.
  2. Our Pick Up Service is only available from selected stores as shown on the Site.
  • If you select to use our Pick Up Service, you must select whether your Grocery Order is to be made available at the store:
    • in bags, which may be recycled in the bins provided in store or with your delivery driver at the time of your next delivery order; or
    • where available for your selected store, through our free “BYO bags” service.
  1. The “BYO bags” service is only available for selected stores. If you select the “BYO bags” service, your Grocery Order will be made available at your selected store in a trolley. In order to collect that Order, you agree to bring your own bags and re-pack your Grocery Order from the trolley into your bags at the store. For food safety reasons, you may find that some of the Products in that Grocery Order have been made available for collection in produce bags or reusable bags.
  2. You agree to comply with the following collection requirements specified in this clause and such other requirements that we notify to you when you place your Pick Up Service Order through the Site:
      • you must collect your order from the store selected by you when you place your order;
      • while our staff will be available to assist where possible, if you select to have your Grocery Order made available through our “BYO bags” service, you are responsible for unpacking your Grocery Order from the trolley provided into your own bags;
      • if you are collecting your Grocery Order from a store:
        1. photographic identification and a signature must be provided when you collect your Grocery Order; and
        2. the card used for payment is required to be shown when you collect your Grocery Order.
  1. If you will not be the person collecting your Grocery Order then your representative must provide us with proof of their identity (including photographic identification), the card used for payment or the order number, and, where relevant, their age.
  2. If you do not supply the appropriate identification or the relevant card of purchase:
    1. we will not allow collection of your Grocery Order; and
    2. we may charge you a fee of up to $25 and the charges for any perishable Products in your Grocery Order that we have accepted.
  3. If you do not collect your Grocery Order within the booked collection window then we may charge you a fee of up to $25 and the charges for any perishable Products in your Grocery Order that we have accepted. In this instance, we will endeavour to contact you or you may contact us to arrange for collection at a different time, and we may charge you an additional fee for that replacement Grocery Order.
  4. You acknowledge that we may record the details of any identification provided in relation to collection of Grocery Products.
  5. If you select to use our Pick Up Service, the licensee at the relevant premises from which your order is accepted and fulfilled will deliver your Grocery Products to be available with your order at the nominated store.
  6. You acknowledge that we may record video surveillance of you or your representative picking up your Grocery Order from a locker.
  7. If you select to use our Pick Up Service, the licensee at the relevant premises from which your order is accepted and fulfilled will deliver your products to be available with your Grocery Order at the nominated store.
  8. If you experience any issues with picking up your Grocery Order from a locker, please see our staff in the store that the locker is nearby.

3.8 Bulk Grocery Orders

  1. If we classify a Grocery Order as a Bulk Order, your Grocery Order may attract a handling charge depending on the size of your Order. Examples of orders that we classify as “Bulk Orders” are as follows:
    1. an Order for Grocery Products over normal retail quantities;
    2. Orders that total over 250kg will be subject to a bulk delivery fee, as they require special handling and transport allocation; and
  • multiple Orders placed during any 7 day period that combined volume meets or exceeds the bulk order criteria.
  1. If your Grocery Order is a Bulk Order, we will contact you as soon as possible after the placement of your Order to advise you of the exact handling charge payable in respect of your Order.
  2. If you are unsure whether your Grocery Order is a Bulk Order and would like to find out the exact handling charge payable in respect of your Order before you place your Order, please contact our Customer Service Centre on 8584 7516.
  3. We value your Grocery Orders. To enable us to service you better, we request that you contact our Customer Service Centre on 8584 7516 during Contact Hours, at least 7 days prior to the placement of any Bulk Orders to allow us to ensure that the appropriate stock is ordered and available for your requirements.
  4. Subject to clauses 3.8(a) to 3.8(d), King Island Grocery Orders will incur a flat Delivery fee of $15 and are subject to available delivery windows and areas on King Island.

3.10 Risk and title

Where Grocery Products are delivered by us:

  1. risk in the Products passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address);
  2. for Grocery Orders with Pick Up Service, risk in the Products passes to you on the date and time of collection from a Hygienic Meats store or Direct to boot Location; and
  3. title to the Products passes to you on the later of the date and time of:
    • .payment for those Products;
    • delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address); and
    • for Grocery Orders with Pick Up Service only, collection of those Products from a Hygienic Meats store or Drive Thru Location.

3.11 Cancellation of Grocery Orders

  • . We may cancel any Grocery Order or part of a Grocery Order (including any Grocery Orders that have been accepted) without any liability to you for that cancellation at any time if:
    1. the requested Products in that Grocery Order are not available; or
    2. 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 Grocery Order has been placed in breach of these terms and conditions.
  1. If a Grocery Order is cancelled in accordance with:
    1. clause 3.11(a)(i) or 3.11(a)(ii) (where product is unavailable or 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 Grocery Order. If any payment has been taken for the cancelled Grocery Order, then the full payment amount, including any Delivery Fee, Bag Fee, Crate Service Fee or other fees and charges, will be refunded to your original payment method or through an alternative means.
    2. if your Grocery Order is cancelled under clause 3.11(a)(iii), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. If your Grocery Order is cancelled before the day of delivery or collection, depending on the payment method used, we will either not charge you, or if we have taken payment for the Grocery Order at the checkout then we will refund the full amount paid, including any Delivery Fee, Bag Fee, Crate Service Fee, and other fees and charges, to your original payment method or through an alternative means. If your Grocery Order is cancelled on the day of delivery or collection, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made and will refund you any excess amount to your original payment method or through an alternative means.
  2. Except for Delivery Now Orders, you may cancel a Grocery Order (whether it is accepted by us or not):
    1. through the Site up to 30 mins before the delivery or collection window closes (as specified on the Site). If so, no fees or charges will apply to that cancellation; or
    2. in all other circumstances, by contacting our Customer Service Centre on 8584 7516 during Contact Hours. In this instance, if you cancel an Order that has been accepted by us:
  • before the day of delivery or collection, then no fees or charges will apply to that cancellation; and
  1. on the day of delivery or collection, then we may charge you a cancellation fee of the lesser of $20.00 or the costs to Hygienic Meats arising from the cancellation plus the charges for any perishable Products that were ordered.
  1. Due to the fast nature of Delivery Now Orders, you cannot cancel a Delivery Now Order (whether it is accepted by us or not) at any time after placing the order and we will not be able to refund any payment.
  2. Subject to clauses 3.11(a) – 3.11(d), if you cancel a Grocery Order, depending on the payment method used, we will either not charge you for that Grocery Order, or if we have taken payment at checkout, refund the full payment amount paid, including any Delivery Fee, Bag Fee, Crate Service Fee, and other fees and charges other than any fee payable under clause 3.11(c)(ii)B, to your original payment method or through an alternative means.
  3. If you cancel a Grocery Order, any Orders made in the same Order will not be affected by the cancellation.

3.13 Substitution of Grocery Products

  • You acknowledge that a Grocery Product that you order may be out of stock or temporarily unavailable. If this happens, then we may not be able to provide you with that Product.
  • If we are unable to provide you with a Product, for Grocery Orders, we will endeavour to automatically provide you with a substitute Grocery Product:
    • .when the Grocery Product you have selected is not available; or
    • if we are not able to supply to you the Grocery Product that you have selected.

We aim to select substitute Grocery Products that are of similar value and quality, but we reserve the right not to provide you with a substitute Grocery Product even if a suitable substitute Grocery Product is available. We may not provide a substitute option for some Grocery Products (e.g. tobacco, cigarettes and baby formula).

  1. For Grocery Orders, we will endeavour to provide you with a substitute Grocery Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Grocery Product you ordered rather than the price of the substitute Grocery Product.
  2. Where a Grocery Product that you have selected is substituted with another Grocery Product, we cannot ensure that that substitute Grocery Product caters to your specific dietary requirements, including allergies. Please read the labels of each Grocery Product (and any substitute Grocery Product provided to you) for dietary and allergy information.

3.14 Unavailable or missing items

  • .For Grocery Orders paid for using some payment methods (including debit and credit cards) we may pre-authorise the amount payable for your Order and only charge you the full amount adjusted to account for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order. For other payment methods we may not be able to do this and may charge you the full amount at the checkout and refund you for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order. If you select a delivery time that is 7 days or more from the date you checkout, we will charge you for your Order at the checkout irrespective of the payment method used.
  • If there are any Grocery Products missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Grocery Product is marked as out of stock. If so, then we will provide you with a refund to your card of purchase or coupon for the Grocery Products that were not supplied.
  • In all other circumstances, you may contact our Customer Service Centre on 8584 7516 during Contact Hours within 24 hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, we will provide you with a credit to your relevant card account within 3-5 business days for the Grocery Products that were charged but not delivered to you.
  1. Products

4.1 Ordering  Products

  1. Products are sold by Partners who we allow to list and sell their products on the Site. The relevant Partner’s details are displayed to you on the Site before purchase of an  Product.
  2. Each Order that is accepted by an Partner, results in a separate binding agreement between you and the  Partner for the supply of that  Product. We are not a party to that agreement nor do we assume any responsibility arising out of or in connection with it.
  • The Partner, not us, is responsible for:
    • the quality and pricing of Products;
    • the sale of each of their Products;
    • the delivery of each of their Products, which includes selecting and arranging a delivery service provider;
    • the Site information displayed on the relevant product detail page; and
    • for providing remedies to you in respect of any claims and any other issue arising out of or in connection with the agreement between you and the Partner.
  1. You acknowledge that there is no requirement on us or Partners to match any prices for any  Products available through other sales channels.

4.2 Acceptance or rejection of an  Order

  1. An Partner may 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.
  2. If an Order placed through the Site is rejected, then we will endeavour to notify you within a reasonable time after you submit that Order.

4.3 General Conditions of Delivery

  • Products will only be delivered to a location where the relevant  Partner provides delivery services. It is the responsibility of the relevant  Partner, not us, to deliver  Orders to you.
  • You cannot pick up your Order in store from us or from an  Partner’s store.
  1. Your Order will be shipped and packaged separately from your Groceries Order.
  2. You may receive multiple deliveries for your Order.
  3. As Orders are shipped by the relevant  Partner, you may not include specific delivery instructions such as leaving your Order unattended upon delivery, contactless delivery, or other special delivery options usually available for Grocery Orders (such as delivery in plastic or paper bags, or our “crate to bench” service).

4.4 Delivery Cost and Timeframes

  • Estimated timeframes for dispatch of Products after an  Order has been placed are available on the relevant product detail page. These timeframes are an estimate only, may not reflect actual time for dispatch and may vary during periods of high sales volumes.
  • You will receive a link to track your delivery after you place an Order and it has been dispatched by the relevant Partner.
  • You will not receive a refund or discount from us or an Partner if your Order delivery is delayed.
  1. Additional shipping charges and conditions may apply, which will be notified to you by us or the Partner, if your  Order:
    • contains bulky or heavy items;
    • requires special handing; or
    • requires any other non-standard delivery arrangements.

4.5 Receiving your Delivery

  • You agree to comply with any delivery requirements notified to you when you place your Order through the Site.
  • If your Order contains a Restricted Product, you may be required by the  Partner to be present to accept the delivery of that  Order and, at the delivery service provider’s request, provide photographic identification.
    • acknowledge and agree that any person at the Delivery Address who receives the Order is authorised by you to receive your Order and, where relevant, make payment for that Order;
    • will ensure that the person receiving any Restricted Products is over the age of 18 years or such other minimum age as prescribed by law; and
    • will ensure that Restricted Products are not delivered to unattended locations.
  • An Partner may not deliver the  Products in your Order, and you may be charged an additional Shipping Fee for any replacement delivery, if any of the following apply:
    • there is no one or no appropriate person (for example, above 18 years old for Restricted Products) present at the Delivery Address to receive an Order who is required to be present;
    • the delivery service provider cannot access the Delivery Address; or
    • the delivery service provider cannot access your nominated delivery spot or determine a suitable spot to deliver your Order.
  1. We are not responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of Products to the Delivery Address.

4.6 Risk and title

  • We do not assume risk nor title in any Products.
  • Risk in an Product passes from the  Partner to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address).
  • Title to an Product passes from the  Partner to you on the later of the date and time of:
    • payment for those Products; and
    • delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address).

4.9 Returns and Refunds

  • The  from Hygienic Meats Returns Policyapplies to all purchases of Products using the Site and forms part of these terms and conditions. The Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 5.1.
  • If you are entitled to a refund in accordance with these terms and conditions, we will process the refund on behalf of the Partner. However, the  Partner retains all responsibility for providing you with a refund.
  1. General

5.1 Liability

  • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
    • to cancel your service contract with us; and
    • to a refund for the unused portion, or to compensation for its reduced value.
  • You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
  • Partners, not us, are responsible for providing you with remedies under the Australian Consumer Law for major and non-major failures in respect of  Products.
  • Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Woolworth’s liabilities under those provisions:
    • you acknowledge that each Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
    • we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
    • we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, 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 or wilful misconduct.
  • 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.

5.2 Intellectual property rights

  • You:
    • acknowledge that the 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;
    • acknowledge that the listing content and materials that appear on the Site in relation to Products are owned by the Partner and licensed to us;
    • must 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; and
    • must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
  • You may:
    • store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
    • print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
  • This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including Partners or our suppliers) without obtaining the relevant third party owner’s consent.

5.3 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.
  • If you have a Grocery Order that has been accepted by us or an Order that has been accepted by an  Partner, the terms and conditions that will apply to the relevant Order are the terms and conditions that are applied at the time you placed your Order.

5.4 Severability

If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

5.5 Jurisdiction

This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

5.6 Privacy and Commercial Electronic Messages

  1. Our Privacy Policy is available hereand forms part of these terms and conditions. You acknowledge that you have read our Privacy Policy, Collection Notice, and Cookies Statement, and understand that they govern your use of the Site and the Site’s related services, including purchasing goods and services from us or our  Partners using the Site.
  2. You agree that we and our Partners (via us) may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, and phone) where you have not opted out (as described below) from receiving such electronic messages sent to you by Hygienic Meats Online and  from Hygienic Meats via those channels or media. Your agreement to receive commercial electronic messages from Hygienic Meats Online and  from Hygienic Meats will be effective until you opt out.
  3. You may opt out of the receipt of commercial electronic messages sent by Hygienic Meats Online and from Hygienic Meats by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of receiving customer surveys, requests for feedback and market research (Customer Feedback Messages). If you wish to only opt out of Customer Feedback Messages, you may opt out by using the unsubscribe facility in the footer of any Customer Feedback Message (this won’t opt you out of other commercial electronic messages sent by Hygienic Meats Online or  from Hygienic Meats). If you opt out receiving commercial electronic messages sent by Hygienic Meats Online and  from Hygienic Meats, you will still receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or our collection notice, privacy policy, account transactions or other information relating to products you have purchased.
  4. Opting out of receiving commercial electronic messages from Hygienic Meats Online or from Hygienic Meats will not withdraw your consent to receive messages from other Hygienic Meats brands or  Partners you have signed up to independently of your Hygienic Meats Online account. If you would like to opt out of receiving commercial electronic messages from other Hygienic Meats brands or  Partners, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.

5.7 Terms and Conditions of Hygienic Meats App

By using the Hygienic Meats Application (App ), you agree to be bound by these Hygienic Meats Online and  Terms and Conditions. Using the App also involves you providing your personal information and location to us.

When accessing this App, we need you to be aware of the following product and service specific information:

  1. Safety – This App is not intended to be used while driving. You must comply with the Road Rules and not use the Application or your mobile device in any manner contrary to the Road Rules. The Road Rules provide that it is an offence for a driver to use a mobile phone that the driver is holding in his or her hand
  2. In-Store and Online Specials – A Grocery Product advertised as an In-Store and Online Special is available to customers both In-Store and Online.
  3. In-Store Only Special – A Grocery Product advertised as an In-Store Only Special is only available in store. If you select the Online Delivery mode this special will not apply.
  4. Online Only Specials – A Grocery Product advertised as an Online Special is available to customers who place an order for delivery or Pick up only.
  5. Store Finder – Trading hours correct at time of publish. See in-store for latest information.
  6. Pricing – The purchase price of each Product is shown on the Product Detail page in the App at the time you place your order. The purchase price of a Grocery Product will depend on which mode of delivery you have selected. The purchase price of a Grocery Product on the App may not be the same or correspond to the prices in any of our supermarkets for the same Product.

You acknowledge that:

  • there is no requirement on us or on any Partner to match any prices for any Products, including matching any prices for a Product that is available through the App at our supermarket or vice versa; and
  1. all pricing for a Grocery Product displayed on the App may differ depending on the postcode you have selected (for example, the price for a Grocery Product in Sydney may differ to the price for that same Grocery Product in Melbourne).
  • Just like in our supermarkets, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have, or an Partner has, accepted your Order, neither we nor the Partner will change any prices that apply to the Products in that order.
  • Privacy Policy – Hygienic Meats Group Limited and Hygienic Meats Marketplace Pty Limited are committed to supporting the ‘Australian Privacy Principles ‘ which set clear standards for the collection, access, storage and use of personal information which we obtain as part of our business operations. Our respect for our customers’ right to privacy of their personal information is paramount. We have policies and procedures to ensure that all personal information, no matter how or where it is obtained, is handled sensitively, securely, and in accordance with the Australian Privacy Principles.
  • View our privacy policy for more information.
  • Health and Wellbeing – The information and recipes contained within this App is for general information purposes only; it should not be considered professional medical advice. Please consult your doctor for specific nutritional needs.
  1. Definitions

Capitalised terms used in these terms and conditions have the meanings set out below:

App has the meaning given in clause 5.7.

Bag Fee has the meaning given in clause 2.3(a)(ii).

Bulk Order means a Grocery Order over normal retail quantities, for multiple products, or a Grocery Order for bulky or heavy items, as determined by us from time to time.

Contact Hours means Customer Service Centre operating hours, Monday to Friday 6.00 am to 12.00 am (6am to 1am in daylight saving time), Saturday 6.00 am to 10.30 pm and Sunday 6.00 am to 10 pm Australian Eastern Daylight Time.

Crate Service Fee has the meaning given in clause 2.3(a)(iii).

Delivery Address means the address (or collection location) specified by you for the delivery of Products that we, or an  Partner, will supply to you under these terms and conditions. In the case of delivery to a remote area via a courier, Delivery Address means the address of the courier or postal outlet to which we, or an  Partner, will deliver the Products.

Delivery Fee has the meaning given in clause 2.3(a)(iv).

Delivery Now Fee means the delivery fee shown on the site and displayed when you place your Grocery Order using our Delivery Now service.

Delivery Now Order means a Grocery Order that is placed using our Delivery Now service.

Delivery Now Services means the delivery services provided by us to you when you place a Delivery Now Order.

Direct to boot Location means an address listed on the Site where you can collect Grocery Products ordered through the Site by driving your vehicle up to the collection point.

 means the ” from Hygienic Meats” online platform on the Site.

 Product means a good or service that is identified using the orange  symbol (appears as an orange market stall) on the product tile and is advertised on the Site as being sold and delivered by an  Partner.

 Order means an Order for an  Product.

 Partner means, in respect of an  Product, the seller of that  Product.

 Shipping Fee is defined in clause 2.3(a)(v).

Grocery Order means an Order that contains one or more Grocery Products.

Grocery Product means each Product that is not an  Product.

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

LoginID means the email address that you provided to us as part of the registration process to use the Site.

Materials is defined in clause 5.2(a)(i).

Order means any order for a Product or Products submitted using the Site and includes Grocery Orders and  Orders.

Pick Up Service is defined in clause 3.7(a).

Product means each good or service that is advertised for purchase by you on the Site.

Remote Delivery Order is defined in clause 3.9(a).

Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as Products containing liquor, tobacco or sharp objects.

Site is defined in clause 1.1(a).

Gourmet meat specialists taking pride in providing quality, locally sourced meat at affordable prices and offering outstanding customer service.

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