Terms of service
DFSH Website Terms & Conditions Updated 2/4/21
We are Darling Fresh Pty Ltd, ABN 39 641 483 507, Trading as Darling Fresh Smoke Haus. This is our website, www.dfsmokehaus.com.au. You will also find us through social media channels.
By accessing our site or visiting our social media accounts you agree to these terms of use. You will also be consenting to our Privacy Policy which is available on our website. Please read these terms carefully and if you don’t agree with these terms, cease use of our site immediately. These terms can be varied at our discretion any point in time, by publishing a new set of terms on our website. You should check our site regularly to ensure you’re up to speed on our current terms.
By visiting our site you are being granted a license to access this site only in accordance with these terms. This license is non-exclusive, royalty free, revocable at any time, worldwide, non-transferable and non-assignable. Any use of the content outside of this license is prohibited unless you have our consent in writing, addressed to you personally.
The content on this site may be changed at any time without notice.
Forbidden acts
Whilst using our website or the information received from it, you must not in any way shape or form do anything that is unlawful, illegal, or otherwise prohibited by law, or anything which we consider improper, or that might bring us into disrepute, including but not limited to; tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our site, including using trojan, worms, other viruses or piracy or programming routines that may damage or interfere with our site; Interfering with any user on our site; Any attempt to directly access the server for our site; Assisting any third party to do any element of the above.
You are also forbidden from using our site, particularly the content thereof, in any way that competes with our business including the use of our content for price matching or comparison websites, whether by manual means or digitally assisted, including the use of web scraping or web crawling software.
Similarly, the Content of this site is protected as our Intellectual Property. Any content herein is owned by us and your use of the content does not grant you any rights or interest in same. You must not; copy or use, in whole or in part, any Content; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
Other terms
Our site may contain links to external websites. We do not endorse, approve or control these external sites and are not responsible for the content on those sites. We may without notice and at any point in time, cease operating this website partially or completely. We may also block, ban or exclude any user from our site in our absolute discretion. We are not responsible for any liability you may allege arising from or in connection with any such cessation of this site. We make no representations or warranties about our site or the content of same, including as to the completeness, accuracy, or suitability of content. We do not warrant that access to our site will be uninterrupted, error-free or free from viruses; or the security of our site. You access, read, use and act on our site and its content at your own risk. Without purporting to act outside of any relevant law we are not responsible for any liability, loss, expense or damage, arising in any manner at any time, suffered by you, a related entity or agent, or a third party, from the use of our site or the content within it. This exclusion of liability covers all issues arising out of the site or its content including but not limited to; interruption or outage on the site; any loss or corruption of site data; or that the information and content of the site is incorrect or inaccurate. By accessing the site you agree to indemnify and hold us harmless against any liability at all, which could be argued to arise from the use of our site. This obligations of this indemnity are continuing and are independent of any other obligation in these Terms of use. A right under this indemnity may be enforced without us suffering any loss or harm. These terms of use remain in effect until terminated by us. We may terminate at any time and without notice to you. Where termination occurs, the restrictions, limitations to liability and indemnities shall survive. Should a part of these terms be found to be void, invalid, illegal or otherwise of null-effect, that provision may be read down in order to allow a meaning to be derived and the part enforced. If reading down a provision is not possible, that part can be struck-though and removed from these terms.
Your use of our site, the content and these terms is governed by the law of Queensland and without reservation submit to the exclusive jurisdiction of the courts of that state, waiving the right to object to proceedings being brought in these courts. Although our site may be accessed from anywhere in the world, we make no representations that our site complies with the laws of anywhere outside of Australia. Where you access our site from outside Australia, you do so at your own risk and are entirely responsible for ensuring your compliance with the laws of your local jurisdiction.
In the unlikely event of a dispute arising from the use of this site or these Terms, you should write to us, giving us the details of the dispute and proposing a resolution. If we are seeking to raise a dispute, we will do the same to you. Within 14 days of this notice of a dispute, both parties should meet (whether by phone, video conference or in person) to make a genuine attempt to resolve the dispute or agree on a path to resolving the dispute. If the dispute is not resolved within 28 days of the notice of dispute, either party may refer the dispute for litigation.
Terms of Sale
When ordering from our site, you agree to these terms of sale regarding our products. You can order Products from us as an ordinary, individual order currently called ‘’One-Time Purchase”.
Orders
(a) One-Time purchases
Our Product offerings and available order plans are described on our website as applicable, at the time of purchase, and are subject to change at any time prior to purchase.
One-Time orders will be processed immediately. Unfortunately we can’t cancel the order once it’s processed.
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third party payment provider) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorisation for charges to your payment method or if any amounts you authorise us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Darling Fresh Smoke Haus account, you can do so at any time by logging into your account and editing your payment information.
Pricing and Availability
All prices shown via the Services are in Australian dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current order, we will ensure you are charged the price provided at the time on order placement.
Substitutions
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients or entire shipments) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at admin@dfsmokehaus.com.au
Deliveries
Darling Fresh Smoke Haus can only deliver to addresses that offer a safe, dry and shaded parcel storage location. You can specify a secure delivery location for the package when you place your order. Placing an order indicates your agreement to these conditions of delivery.
You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the products you receive. You should always inspect your delivery to confirm that the ingredients arrive in a cool, refrigerated condition. We recommend that you use a food thermometer to ensure that the temperature zone within the container in which any meat or poultry Product is located is 5°C or below. In the unlikely event that such temperature zone is above 5°C, or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact us at admin@dfsmokehaus.com.au (attaching photos of the item(s) and areas of concern) and retain the item(s) until further notice without consuming them.
To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the Safe Foods Qld instructions on refrigeration and food safety.
From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the Safe Foods Qld instructions on safe food handling. We also recommend that all cooking instructions be followed diligently. Failure to follow instructions and safe food handling practices may increase the risk of foodborne illness.
If you are not at home when your delivery arrives, the courier will leave the package for you at your designated safe, dry and shady delivery location. Our products are frozen and individually packaged and labelled. The products are packed inside insulated boxes specially designed to keep refrigerated goods within the optimal temperature range. Your order will typically remain cold and fresh for up to 8 hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your products prior to consumption.
Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully and email admin@dfsmokehaus.com.au immediately with any concerns (attaching photos for review).
In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your ingredients is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
Standard Return/Refund Policy
We are shipping perishable Products and therefore are not able to accept returns. Unlike items that have a longer shelf life, items that are perishable cannot be restocked or resold.
If you are not completely satisfied with your Darling Fresh Smoke Haus products for good reason, please contact admin@dfsmokehaus.com.au within three (3) days of receipt of product. We will happily review your order and any reported issues and offer an appropriate resolution which may include replacement of the Product in question, credit towards your next order, or a partial/full refund. Since we are not able to physically access the product, we may ask that you retain the product until the matter is resolved, and provide photos of the Product label and any areas of concern. We guarantee delivery to the address provided when the order is placed/shipped and when retrieved on the guaranteed delivery date.
Due to the perishable nature of our Product, we cannot guarantee the condition of the delivery if the address is incorrectly entered, if a change of address isn’t updated prior to the invoice date, if an address is altered while in transit, or if you are unable to retrieve the order on the guaranteed delivery date and did not notify us prior to the order being invoiced.
When placing your order, please enter your shipping address and designated safe, dry and shady delivery location carefully to ensure accuracy and review your receipt/account for any errors. If you enter the shipping address incorrectly when the order is placed, please email admin@dfsmokehaus.com.au immediately for correction. Should your shipping address change, please contact admin@dfsmokehaus.com.au to update your address prior to the invoice date.
If your order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to our terms and conditions, we must dispose of the contents and you will not be refunded. In the event an order is delivered late due to an incorrect address or if you are unable to retrieve in a timely manner on the delivery date without prior notification and thawing/damage occurs, you will not be refunded.
Return/Refund Policy for Cancelled Orders
You are liable for any orders placed or charges that incur prior to the cancellation request. If the request for cancellation is made after your order has invoiced, the request will be processed for the next scheduled invoice.
Our liability
Darling Fresh Smoke Haus will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lockouts or other industrial action,
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war,
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster,
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport,
- Impossibility of the use of public or private telecommunications networks, and
- The acts, decrees, legislation, regulations or restrictions of any government.
Asking a question or making a complaint
If you still have any questions or would like to raise a concern, please contact us at:
Email: admin@dfsmokehaus.com.au
Post: Administration Manager
Address: Darling Fresh Smoke Haus. 39 Ipswich St, Toowoomba QLD 4350
Phone: 0413 392 270