Website Terms and Conditions

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE WWW.THEBUTTERPEOPLE.COM.AU.  YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE OF THE BUTTER PEOPLE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

 

Who we are:

We are The Homemade Kitchen Pty Ltd, trading as The Butter People, ABN 13 497 544 204, ACN 617 365 625, mailing address, PO Box 330, Subiaco 6904.

 

Payment:

Our secure credit card processor, Stripe, may place an “authorisation” transaction on your credit card.  They do this to check the validity of a credit card, as a fraud protection measure.  Stripe first try a $0 authorisation, but if that fails, they then try to authorise $1.

The full details of this are below.
https://support.stripe.com/questions/unexpected-1-charge-on-customers-bank-statement

Note:  This is an “authorisation” not a “charge”, and it will automatically drop off your statement at your bank’s discretion, usually a few days to a week.

 

Shipping Policy:

At The Butter People we’re committed to keeping delivery costs as low as possible for our wonderful customers whilst also being mindful that we are delivering fresh perishable produce.

 

All due care will be taken to ensure your parcel is packed and sent safely from our premises, however we cannot be held liable for any damages, the weather, or missing in transit parcels.  If you have any questions, we encourage you to contact us here.

 

By purchasing from this site, you accept the quotation for shipping and these terms and conditions.  For more information, please visit our Shipping Policy page.

 

Refund/Cancellation Policy:

Sometimes matters don’t go according to plan and this is a part of working with fresh perishable foods.

 

Please understand first and foremost that we never intend for your experience with The Butter People to be a bad one. We always carry out strict health and hygiene procedures, fastidious in our approach, and never cut corners. Your safety and happiness are our highest priorities.

 

If for any reason your butter isn’t edible, due to an error on our end, and you need to throw it out, please talk to us openly and honestly first before taking any other action. Contact to The Butter People must be made within 14 days of delivery by The Butter People, or where a carrier has been engaged here.

  • Your full name.
  • Your contact number.
  • Your e-mail address.
  • Your order number.
  • Delivery date.
  • Butter flavour (refer relevant label).
  • Batch number (refer relevant label).
  • Best Before date (refer relevant label).

 

To resolve the matter together and quickly, remember to be courteous and use respect — we’re people too 😊.

 

We welcome the opportunity to make it up to you, and how you are compensated will vary from case to case once all the above information has been received by us. This includes, though not limited to, replacing the inedible unit, and/or crediting the customer account (typically within five (5) business days). All decisions involving refunds are made at the discretion of The Butter People.

 

Where the error is at fault of the customer, for example failure to follow correct storage instructions as stated on the label or a simple change of mind, The Butter People cannot be held liable for the products once it leaves our premise and no compensation will be issued.

 

Where a refund is deemed the appropriate resolution, The Butter People will credit the amount paid for the product (less any Stripe card processing, and shipping and delivery costs/ fees related to the original purchase, which are non-refundable) (typically within five (5) business days) to the credit card or debit card you used to make the original purchase.

 

Notwithstanding the foregoing, The Butter People does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.

 

The Butter People will not provide a refund for a request that is received by The Butter People more than thirty (30) days after the date of original delivery as subject to Australian Consumer Law.  The Butter People also does not provide a refund for products that are damaged due to misuse, lack of care, mishandling, accident, abuse, incorrect storage methods, or other abnormal use at any time after the risk passes to the purchaser.

 

Cancelling Your Monthly Subscription

If you signed up to our Butter.Delivered Fortnightly or Monthly subscription, you may cancel your The Butter People subscription at any time after the 3-month minimum commitment period.  It is our policy that all customers manage their own account with respect to cancellation and modification of their account details, via their account page at here. You may receive one final charge and shipment of products depending on where your billing cycle is at.

We would only intervene in the process of modifying a customer’s account information or status if there was a technical issue preventing them from accessing the page, in which case we’d be delighted to help.

Cancelling, and resubscribing is easy.  Just log-in to your account and go to “My Account”, then update the details of your orders there.

 

Customer Enquiry Response Times

We aim to get back to each and every customer in a reasonable timeframe, regardless of the channel they come through.  Our official support channels are email to here and Facebook Messenger via our page at https://www.facebook.com/the.butter.people/.  We aim to respond within business hours, and within 24 hours of a message via our official support channels.

 

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice, and these changes will only apply after the date of the change.  We make all reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website.

 

Promotions, Offers and Sale

We may from time to time offer promotional offers on purchases made through the Website. All offers and promotions are at The Butter People’s sole discretion and are subject to variation or withdrawal without notice. Changes to offers will only apply after the date of the change.  Offers or promotions cannot be applied to previously ordered items.  Offers with a spend threshold always exclude delivery charges. All sale items are subject to availability at time of order.

 

Delivery Limitations

When an order is placed, it will be delivered to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a delivery contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

Accuracy of Information

The Butter People and its affiliated companies attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or recentness of any information on the Website.  In addition, we may make changes in information about price and availability without notice.  While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 

Rights in Materials

The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website (the Materials) are either the property of, or used with permission by, The Butter People  and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

 

Trademarks

Except as otherwise expressly stated on the Website, all trademarks, trade names, trade dress, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names, trade dress, service marks and logos (Intellectual Property) of The Butter People, and The Butter People is a licensed user of all Intellectual Property. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property without the written permission of the owner.

 

Third Party Links

From time to time, this Website may contain links to websites that are not owned, operated, or controlled by The Butter People or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither The Butter People nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither The Butter People nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.

 

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material, or any virus, worm, time bomb, Trojan horse, automated device, spider, crawler, bot or routine that can collect unauthorised information or interfere with or disrupt the operations of the Website, or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. In addition to any remedies that The Butter People or its affiliates may have at law or in equity, if The Butter People or its affiliates reasonably determine that you have violated or are likely to violate the foregoing prohibitions, The Butter People may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. The Butter People, its affiliates or its service providers will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing The Butter People, its affiliates or its service providers to disclose the identity of anyone posting such materials.

 

User Information

Other than personally identifiable information, which is subject to the terms of the Website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (User Communications) is and will be considered non-confidential and non-proprietary. The Butter People, its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. The Butter People may, but is not obligated to, monitor or review any User Communications. The Butter People shall have no obligations to use, return, review, or respond to any User Communications. The Butter People  will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Butter People retains the right to remove any or all User Communications that includes any material The Butter People deems inappropriate or unacceptable.

 

Disclaimer

YOUR USE OF THIS WEBSITE IS AT YOUR RISK.  THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED, AS IS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER THE BUTTER PEOPLE NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER THE BUTTER PEOPLE NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

Limitations of Liability

The Butter People, its affiliates and their service providers do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website. IN NO EVENT WILL THE BUTTER PEOPLE, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

 

Indemnification

You agree to indemnify and hold harmless The Butter People, its affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns, retail partners, or any other party involved in the creation, production or transmission of the Website from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of the Website, or the services provided in relation to the Website, any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the Website or your downloading of any materials, from the Website.

 

Revisions to these Terms of Use

The Butter People may revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Website. In the event of any conflict between these Terms of Use and any legal notices or terms located elsewhere on the Website, these Terms of Use will control.

 

Termination

You, being the user of this website or purchaser or products or services of this website, or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination.  We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.