Mightynicemeats.com.au (the ‘website’) is an online service owned and operated by J&K Enterprises (Butchers) pty ltd (ACN 169880219) of shop 4, Barr Street Markets Cairns, 532 Mulgrave road, Earlville Queensland 4870 (mighty nice meats). Please read the following terms & conditions of use carefully before using the website. By visiting the website, you (the customer/s) are agreeing to be bound by these terms & conditions of use, which shall form a legally binding agreement between you and mighty nice meats. Further, by purchasing any item from mighty nice meats you agree that the following terms & conditions apply to any such purchase.
1. User Agreement – Website Use and Placing Orders
If you do not agree to the terms and conditions set out in these Terms & Conditions of Use, you must not use our Website.
2. Legal Capacity
By making an order to purchase products, you warrant to Mighty Nice Meats that you are:
(a) eighteen (18) years of age or above; and
(b) entering into a legally binding contract with Mighty Nice Meats with respect to that order.
3. Payment Terms & Methods
All prices are in listed Australian Dollars. All prices displayed on this Website are only valid online at the time shown and are subject to change.
Full payment is required at the time of collection or prior to your meat leaving our shop for delivery. Mighty Nice Meats reserves the right to request a full payment before beginning to process any order. Accepted payment methods include cash, credit card (VISA or MasterCard), EFTPOS.
4. The 10% rule
If the final cost of your order varies by more than 10% (i.e. 10% less or 10% more) than the estimate you were quoted during your online checkout, we will contact you to explain. If it falls within 10% under/over what you saw during checkout we will go ahead and take payment without calling you again. – refer to clause 6 for more detail
5. No payment = no meat
We will always confirm your order with you before anything gets done – most often by phone or by email if phone contact is not possible. Orders will not commence processing until we have obtained confirmation and payment or credit card details from you.
6. Prices/weights may vary from what’s quoted online
We are craftsmen. Our products are individually handmade and by their very nature, vary individually by weight – no two animals are identical. Therefore the cost of your items and/or the total cost of your order are a calculated estimate only. While we do our absolute best to cut portions to size, it just isn’t possible for us to cut EXACT weights of all products all the time.
7. Placing Orders
Mighty Nice Meats provides customers with opportunity to purchase meat products and/or butchery. Where any additional terms are specified on the Website in the description of a particular offer, those terms will apply to that offer in addition to these Terms & Conditions.
Once you have placed your order you will receive a confirmation of your order (whether by email or phone) and we will seek your credit card to charge for the purchase price of the order.
An order may take the form of physical products being delivered to you and services provided directly to you (such as delivery services).
You must ensure that you provide to Mighty Nice Meats all such accurate and up-to-date phone and email contact details, physical address and other relevant details as Mighty Nice Meats requests, and that you promptly notify Mighty Nice Meats if any of these details have changed.
Mighty Nice Meats is not liable or responsible for any loss suffered as a result of an order not being received by you due to:
(a) inaccurate information provided by you to us;
(b) our delivery service providers being unable to access or leave the order at the specified address;
(c) an email being blocked by a firewall or filter installed on your computer or email client; or
(d) where you have registered an incorrect email address, physical address, phone number or other contact information.
Customers outside of the Cairns local area (4870) are responsible for organising their own freight. Mighty Nice Meats will deliver to any Cairns based freight transport depot, including the airport. All freight costs, including insurance are the responsibility of each individual customer.
9. Lead times & processing – Cape York & outside of Cairns
Remote & out of town customers are advised to give us a minimum of 1 week (7 days) notice to prepare your order, freeze it and deliver to the boat. Your meat must be cut and stored in the freezer for a minimum of 24hours before we can deliver it for transportation. Orders will not commence processing until we have obtained payment or credit card details from you.
10. Lead times & processing – Local (Cairns area) orders
Please allow up to two Business days for processing of the order before allocation to the next available delivery /collection date. This is a guide only and is subject to change. We will contact you to confirm your collection/delivery date and time. Orders received before 10am Monday-Friday will commence processing on the next day. Orders received after 10am will commence processing on the following business day i.e. 2 days after you place your order online. Orders received on Saturday or Sunday will commence processing ASAP, but usually on the next Monday. We will always talk to you about this on the phone or by email.
Small Orders (a couple of items, maybe just dinner for tonight) – click & collect same day
Medium Orders – 24 to 48hours
Large/Remote Orders – 72hrs – 1 week
11. Public Holidays
Online orders placed on public holidays will not be received nor begin processing until the next business day.
Delivery Areas change periodically, and may vary at certain times of the year (e.g. Christmas). For a current list of delivery postcodes see: http://www.mightynicemeats.com.au/faq/
13. Risk & Title
The risk of loss of goods shall be passed to you upon our delivery of the order to the delivery address nominated on your relevant order form. You authorise for each order you purchase from Mighty Nice Meats to be left at your specified address and your order will have been taken to be delivered when it is dropped off at that address. Mighty Nice Meats will not be held responsible for any loss, damage or liability as a result of this authority.
Title in the order (including the products comprising the order) passes to the purchaser
(a) at the time the customer collects the order from our shop
(b) the time our driver delivers your order to the specified address; or
(c) in the event alternate delivery arrangements are made where the purchaser nominates an agent to collect the order, title passes to the purchaser at the time the agent takes possession of the order.
Generally, once you have made an order to purchase products on our Website, you cannot cancel that order. If, after an order has been submitted and you want to cancel or amend that order, we will use reasonable endeavours to cancel or amend it in accordance with your instructions, provided that the order has not yet commenced being processed. However, you may be charged the full purchase price if that Order has commenced processing.
Mighty Nice Meats also reserves the right to cancel your order if:
(a) you provide an unauthorised credit card;
(b) we are unable to process payment on the credit card or other payment details provided;
(c) you provide invalid personal details;
(d) if, when required, you cannot provide acceptable proof of identity;
(e) if, for any reason, we don’t reasonably believe we can successfully complete delivery.
Mighty Nice Meats will attempt to notify you before cancelling your order.
16. Refunds, exchanges & returns
No claims recognised unless made within 2 hours of receipt. We strive for 100% satisfaction for every customer of we are happy to refund the purchase price under the following conditions: A manufacturing or processing error on our part or if you are unsatisfied with the quality of our UNCOOKED product. We will not refund any shipping or service charges (if any). We also require no less than 90% of the uncooked product be returned to Mighty Nice Meats, Shop 4, Barr Street Markets Cairns with proof of purchase for a full refund. We do not offer refunds or exchange after you’ve altered i.e. cooked our products.
17. Terms are subject to change
Mighty Nice Meats reserve the right to change any element of these terms and conditions, without notice, at any time. By using this website and/or placing an order with our business, you agree that any such changes are binding on your as a customer and become effective immediately. Updates will always be published on mightynicemeats.com.au and/or any of our subsidiary website/s.
18. Un Authorised use of this website
You agree to use this Website only for purposes that are permitted by:
(a) these Terms & Conditions of Use; and/or (b) any applicable laws or regulations.
You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable, unfairly manipulate or otherwise interfere with security-related features of the Website.
Any fraudulent, illegal or unauthorised use of the Website, including attempts to manipulate coupon discounts shall constitute a violation of these Terms & Conditions of Use. You understand and agree that Mighty Nice Meats may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
You will at all times indemnify, and keep indemnified, Mighty Nice Meats and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Mighty Nice Meats arising from any claim, demand, suit, action or proceeding by any person against you or Mighty Nice Meats where such loss or liability arose out of, in connection with or in respect of your use of the Website, your conduct and/or your breach of these Terms & Conditions of Use
20. Your statutory rights and limit of our liability
As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms & Conditions of Use can exclude or restrict the application of such laws but, to the extent that it can under these laws, Mighty Nice Meats does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these consumer laws. Subject to claims available under consumer protection laws, neither Mighty Nice Meats nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:
(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website;
(b) for disruptions to this Website; and
(c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
For claims that cannot be excluded or restricted under consumer protection laws, the liability of Mighty Nice Meats for such a claim will (at Mighty Nice Meat’s option and to the extent permitted by law) be limited to:
(a) in the case of goods: (i) replacing those goods; or (ii) paying the cost of having those goods replaced; and
(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.
21. The Law
These conditions of this User Agreement are to be interpreted in accordance with the laws of Queensland, Australia. Any dispute arising out of your use of the Website, or the products or services purchased on it, will be subject to the exclusive courts of that jurisdiction.