Terms of service

HONEYVALE FARM A.B.N. 55 357 702 865 TRADING AS HONEYVALE FARM
TERMS AND CONDITIONS

These terms and conditions relate to the supply of farm produce by Honeyvale Farm trading as Honeyvale Farm (We/Us/Our) to its clients (You). These terms and conditions should be reviewed in conjunction with our Privacy Policy.

1. ACCEPTANCE OF TERMS
By using our services and online shopping services, you deem you have read and accept our Terms and Conditions.
 
2. VARIATION TO TERMS

You will be informed, as soon as is reasonably practicable, of any substantial changes to
anything contained in these Terms and Conditions. We reserve the right to amend, update or replace any of these Terms and Conditions.
 
3. ACCURACY AND COMPLETENESS OF INFORMATION

If information on our website is not accurate or completed, we will not be held responsible. The information on our website is provided as general information only and should not be relied upon prior to obtaining more accurate, complete or timely sources of information.

4. PAYMENTS
 
We reserve the right to charge interest on any overdue amounts calculated from the due date for payment until receipt of payment, both days inclusive. The interest rate payable on overdue amounts will be 10% per annum.

Our payments are accepted online through Shopify, PayPal or direct deposit and will be processed once your order is placed. If your payment fails to be authorised, your order will not be processed successfully.

All advertised prices are in Australian dollars (AUD).
 
5. REFUNDS
 
We are committed to providing quality products to you. We do not offer refunds or
exchanges due to change of mind. We do provide refunds or replacement if there is a faulty product. The claim needs to be lodged within 30 days of receipt of items. Please take a photo of the damage when received.

Our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

6. PRICES AND SERVICES SUBJECT TO CHANGE

The prices for our products may change and we reserve the right to modify the prices or
discontinue a service without notice. We will not be liable for any price change, modification or discontinuance.
 
7. SHIPPING
 
We cannot guarantee the length of time it will take to receive your order as our deliveries are subject to the service and availability of Australia Post. Our aim is to have your order  dispatched within one business day. During holiday periods or sale events, our delivery and shipping timeframes may be subject to delay.
 
We will not be held responsible for non-delivery of products. Non-delivery of products may result from a variety of reasons, including but not limited to the following:
  • Incorrect or incomplete address provided;
  • Weather or other event out of our control.
We do not accept orders shipped to international destinations. 

8. DELIVERY RESTRICTIONS

Due to quarantine restrictions, we cannot ship:
  • Honey and beeswax to Western Australia;
  • Bees or bee products to Kangaroo Island
9. RECORD KEEPING, PRIVACY, SECURITY AND CONFIDENTIALITY
 
Personal information about you, provided by you and other sources, is protected under the National Privacy Principals set out in the Privacy Act 1988 (Cth). Disclosure of such information may be compelled by law (e.g. under the Social Security Act). We will treat
personal information in accordance with our Privacy Policy.

10. INDEMNITY
 
You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss
and damages (including but not limited to legal costs and disbursements on a full indemnity basis) whether incurred or suffered by you, or us, as a direct, or indirect consequence of using, or attempting to use our information or using our services, or for any breach of these terms and conditions by you. We expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising from engaging our services.

11. TERMINATION OF SERVICES

You may terminate our services at any time. You will remain liable for any costs payable up until termination of our services.
 
We reserve our right to terminate our services in our sole discretion. Termination of our
services by us may be for a variety of reasons, including but not limited to:

(a) You fail to comply with any term of provision of our Terms and Conditions.

12. NO WAIVER

No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

13. SEVERABILITY

If any provisions of these Terms and Conditions are deemed invalid and not enforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provisions shall be and continue to be  valid and enforceable in accordance with their terms.

14. DISPUTE RESOLUTION

If there is a dispute between us, the party with the complaint must not commence any Court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:
 
(a) Notice (the notice of dispute) must be given in writing to the other party, specifying:
  • The nature of the dispute;
  • The outcome the complainant desires; and
  • The action the complaining party believes will settle the dispute.
(b) The party who receives the notice of dispute must respond to the notice of dispute
within 14 days from the date the notice of dispute is received.
 
(c) On receipt of the response to the notice of dispute the parties will make every effort to resolve the dispute in good faith by mutual negotiation within 14 days.

(d) Any unresolved dispute of difference whatsoever arising out of or in connection with this matter, shall then be referred to the Resolution Institute (ACN 008 651 232) for
facilitation of a mediation in accordance with the Resolution Institute’s Mediation Rules.

(e) The parties must co-operate with the Resolution Institute as facilitator.

(f) If within 14 days after the referral of the dispute with the Resolution Institute the parties  have not agreed upon the mediator or other relevant particular, the mediator and any other relevant particular will be determined in accordance with the Resolution Institute’s Mediation Rules.
 
(g) If for whatever reason the dispute has not resolved and all steps have been taken by the complaining party under this clause, the matter may be heard in the Court or Tribunal with jurisdiction to hear the dispute.
 
(h) If the complaining party does not receive a response in accordance with clause (b) the complaining party does not need to abide by clauses (b) to 9 and the complaining
party’s dispute may be heard in the Court or Tribunal with jurisdiction to hear the
dispute.
 
15. APPLICABLE LAW
The law of New South Wales will apply to these Terms and Conditions.

16. CONTACT US

If you have any questions regarding our Terms and Conditions or Privacy Policy, please
contact us.
Our Business Details are as follows:

Registered Business Name: Honeyvale Farm
ABN: 55 357 702 865
Country: Australia
Email: neversweeter@ballinahoney.com.au
Contact No: 0439 694 891