TERMS & CONDITIONS – INTRODUCTION
The Perfect Steak Co is a division of The Bell Lap Pty Ltd, ABN 14114058347. The Perfect Steak Co, herein referred to as “The Perfect Steak Co or “the business” which operates from 41 Lancaster Street Ingleburn 2575 Sydney. You can contact us by email: firstname.lastname@example.org or telephone: 02 8711 8999.
By placing an order with The Perfect Steak Co. you are accepting these terms and agreeing to be bound to and by them. If you have questions regarding any point or clause contained here you should contact us directly. We fulfill all orders and services based on the assumption that you have read, understood and accepted these terms of service.
THE BUSINESS PHILOSOPHY
The Perfect Steak Co has been established as a high quality resource for people interested in learning the techniques for cooking steaks perfectly. We endeavor to stock high quality products and offer innovative, informative information. We offer a money back guarantee on our products (https://www.theperfectsteak.com.au/returns-policy). It is our aim to grow the product range as we grow the business and we are grateful to our customers who use our service. The Terms outlined below are written to reflect The Businesses Philosophy and are in the vein of normal online Terms and Conditions for websites offering online goods for sale. They are written with our philosophy in mind.
TERMS & CONDITIONS
Orders are accepted only on the following terms, terms and conditions/ terms of service unless otherwise
agreed in writing by the perfect steak co.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Where the context permits:
Buyer means the person making an Order, pursuant to clause 2.1.
Conditions means these general conditions and any other condition agreed in writing by The Perfect Steak Co.
and the Buyer.
Contract means the agreement formed by the offer constituted by the Order and the acceptance of the
Order by The Perfect Steak Co..
Contract Price means the price for Goods and/or Services specified in the Contract (including GST),
including all matters that could reasonably be expected to be necessary to provide the Goods and/or
document includes facsimile and email transmission.
Federal law means the laws of the Commonwealth of Australia.
Goods means the goods, equipment and other material agreed to be sold and purchased pursuant to the
Contract. Intellectual property right includes any patent, design, copyright, or right of any nature in respect of
ideas, concepts, inventions, methods of manufacture or any process.
Order means the order by the Buyer, made pursuant to clause 2.1.
person includes body corporate and unincorporated association.
quotation means a written quotation by The Perfect Steak Co. to sell Goods and/or to provide Services.
- ORDERS AND ACCEPTANCES
2.1 The Perfect Steak Co. reserves the right to revoke or revise the price at any
time before the Buyer makes an Order. Buyers may make an Order by:
(a) placing an order on the companies website, (b) placing an order over the telephone or
(c) by any other method accepted by The Perfect Steak Co. The Perfect Steak Co. must sell and deliver the Goods and/or provide the Services to the Buyer and the
Buyer must buy and pay for the Goods and/or Services from The Perfect Steak Co., pursuant to the
Contract. The Buyer must pay all applicable goods and services taxes, industry levies and other taxes, duties
and imposts in respect of the sale or delivery of the Goods (whether in Australia or any other
The Buyer must pay the Contract Price, pursuant to the terms of payment specified in the quotation.
If the quotation does not specify terms of payment, the Buyer must pay the Contract Price on receipt
of the Goods and completion of the Services.
If the Buyer does not pay The Perfect Steak Co. or breaches any term or
condition of the Contract or a resolution is passed or proposed or an application is presented for the
winding up of the Buyer, or an administrator, receiver and/or manager is appointed in respect of the
Buyer or the Buyer is or becomes (or is taken by any law to be) insolvent or makes or proposes to
make any arrangement with its creditors or execution is levied on any part of the Buyer’s assets,
The Perfect Steak Co. may (at its option and with or without notice to the Buyer) do any or all of the
following without prejudice to any other rights The Perfect Steak Co. has under the Contract:
(a) withhold deliveries of the Goods (whether or not in transit) and/or provision of Services;
(b) immediately recover possession of and/or resell any Goods, title to which is retained pursuant to
clause 5.1, or other goods held by the Buyer on trust for The Perfect Steak Co. pursuant to clause 5.2 and
for this purpose enter on the Buyer’s premises or any other place where the Goods or other goods
may be situated; and
(c) terminate the Contract and/or any other contracts between The Perfect Steak Co. and the Buyer.
3.4 The Buyer must, on demand by The Perfect Steak Co., pay to The Perfect Steak Co. default interest at the rate of
% per annum on any moneys due but unpaid. Interest is calculated on a daily basis from the due
date for payment until the actual date of payment and compounds on the last day of each month.
4.1 Unless otherwise agreed to by the parties in writing:
(a) delivery of the Goods and/or provision of the Services is deemed to be effected in the manner
specified in the Contract;
(b) if not specified in the Contract, delivery of the Goods and/or provision of the Services may be effected
in the manner chosen by The Perfect Steak Co.;
(c) The Perfect Steak Co.’s responsibility for delivery and/or provision ceases when the Goods and/or Services
are delivered and/or provided in the manner contemplated by clauses 4.1(a) or (b) (as applicable).
4.2 Risk in the Goods passes to the Buyer on delivery or on deemed delivery of the Goods as provided in
the Contract, even though title remains in The Perfect Steak Co.
, The Perfect Steak Co.’s records are conclusive evidence of delivery at the time
and place shown in The Perfect Steak Co.’s records.
5.1 Legal and beneficial title in the Goods remains in The Perfect Steak Co. until payment in full for the Goods
has been received by The Perfect Steak Co. in immediately available funds.
5.2 Until payment in full for the Goods is received by The Perfect Steak Co.;
(a) the Buyer must hold the Goods on trust for The Perfect Steak Co.;
(b) if the Buyer sells the Goods, the Buyer must hold its rights in respect of the sale proceeds on trust for
The Perfect Steak Co.; and
(c) The Perfect Steak Co. constitutes a separate class of the Buyer’s creditors for all purposes.
- INTELLECTUAL PROPERTY COPYRIGHT & TRADEMARKS
6.1 The Buyer does not obtain any rights in any intellectual property right used by The Perfect Steak Co. in
manufacturing the Goods and/or providing the Services. All logo, tag lines and other content displayed on the website is owned by the business and my not be used or replicated by a third party with out written permission from The Perfect Steak Co. This includes marks of trade which may be formally registered but which are used in promoting the business and its brand.
Copyright of the Website and the contents included on the Website belong to The Business or its licensors.
You are provided access to the Website only for your personal use and to purchase goods offered for sale on the Website or to access other content which may be free or paid. Without the permission of the business, and subject to applicable laws, you must not:
- store, distribute, perform, communicate to the public, adapt, or create derivative works from any part of the Website; or
- commercialize any information or services obtained from the Website theperfectsteak.com.au
- The trademarks used on the Website (if any) are the trademarks of The Perfect Steak Co.
- Nothing on the Website should be construed as granting any license to use any trademark without the permission of the owner.
You must not use any The Perfect Steak Co trademarks:
- as, or as part of, your trademark;
- in connection with goods or services that do not belong to The Perfect Steak Co;,
- in a manner that may be confusing, misleading, or deceptive; or
- in a manner that disparages The Perfect Steak Co, its information, services, or its Website.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Despite our best efforts there may occasionally be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Colours of particular items are displayed as clearly as we can make them however on different monitors they may appear differently. Colours are displayed on out site as a general reference only and are not to be taken as specific or absolutely accurate.
We use images to convey information about our products which we may have licenced or accessed from other sources than our own. These are for display and descriptive purposes only. We make no guarantees or imply that a specific photo or description is 100% accurate or is the result you may achieve.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
If a price is displayed incorrectly due to a computer error or typographical error we reserve the right to contact the customer and advise them of the correct price. If the customer does not wish to pay the correct price we reserve the right to refund the customer their initial purchase price and not fulfil the order.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
We do not guarantee that a persons best efforts to follow a system or instruction described on our website that they will receive the same results that are described. This is not to say that we don’t believe in our systems and descriptions, it is simply that many techniques require considerable practice to perfect.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Perfect Steak Co, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
THE PERFECT STEAK CO. WARRANTY TERMS
The Perfect Steak Co. extends to its customers the manufacturers/importers warranties on its range of
products. In the event of a valid warranty claim it is incumbent upon the customer to organise at their
cost to ship the goods to The Perfect Steak Co’s premises (or other nominated address) whereupon the business will organise the goods to be repaired or at the manufacturer/importers discretion, replaced
and returned to the customer. The customer will be responsible for all costs associated with freight to
have their goods returned. Some Federal laws and State laws imply terms and conditions into the
Contract that are incapable of exclusion. All terms and conditions that are capable of exclusion and
that are not expressly contained in the Contract are expressly excluded from the Contract. The Business warrants that:
(a) on payment in full it will give good title in the Goods to the Buyer;
(b) on delivery, the Goods will be free from defects in material and workmanship which make the Goods
of unmerchantable quality as that term is construed by suppliers of goods of the description of the
(c) on delivery, the Goods will conform to the description in the quotation;
(d) the Services will be provided in a proper and workmanlike manner, pursuant to the quotation; and
(e) it will comply with all applicable laws and standards and the requirements of all statutory authorities
relating to provision of the Goods and/or Services,
PROVIDED THAT this warranty does not apply if:
(f) the Goods are incorrectly used or are abused in use. Furthermore, this exemption extends to any resultant damage to either the item(s) itself, surrounding
property or injury to any person(s) which may result. Warranty claims are voided if products are used in a manner contrary to manufacturers/importers
stated terms of guarantee.
(j) The Perfect Steak Co. is not liable for costs associated with dismantling and/or reinstallation
which will be charged to the customer at standard rates.
If the Buyer claims that any of the Goods and/or Services do not conform to the description shown in the
Contract, have been short delivered or are defective or there is a breach of any term or condition of the
Contract in respect of the Goods and/or Services:
(a) the Buyer must give written notice to The Perfect Steak Co. within 7 days after delivery of the Goods and/or
provision of the Services and preserve the Goods intact and available for inspection by The Businesses representatives;
(b) if the claims of the Buyer are correct and either the Goods and/or Services are not of a kind ordinarily
acquired for personal, domestic or household use or consumption or the Buyer is not a consumer as
that term is defined in the Trade Practices Act or any corresponding and applicable State laws, the
remedies of the Buyer are limited to such of the following as The Perfect Steak Co. may elect in its absolute
(i) replacement of the Goods or supply of goods equivalent to the Goods; or
(ii) payment of the cost of replacing the Goods, and
(iii) providing the Services again; and
(c) The Perfect Steak Co. will not be obliged to accept return of the Goods unless required by the Contract or
under Federal law or State law.
9.5 The Perfect Steak Co. is not liable for any consequential, special or contingent damages, losses or expenses in
connection with The Perfect Steak Co.’s failure to perform any obligation under the Contract or use of the
Goods unless such damages, losses or expenses are incapable of exclusion under Federal law or State
The Perfect Steak Co. is not liable for any failure to perform or comply with any term or condition of the
Contract if that failure arises from any circumstances beyond The Perfect Steak Co.’s reasonable control.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
The Contract is not a sale by sample, even if any materials or things are exhibited or inspected by the
No party will be obliged to agree to any form of arbitration of any dispute in connection with the Contract. The Conditions and Contract cannot be varied unless agreed in writing by every party.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
This website is operated by The Perfect Steak Co. Throughout the site, the terms “we”, “us” The Business, and “our” refer to The Perfect Steak Co. The Perfect Steak Co offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.