This website (www.agneswaterseafood.com.au) is operated by Agnes Water Seafood (ABN 74 901 473 204) (we, us, our). By using the website, each visitor (you, your) agrees to be bound by these terms and conditions (the ‘Terms & Conditions’). The website provides information and acts, in part, as a retail store for our products and services (our Products and/or Services).

Please note:

• your use of the website indicates your acceptance of the Terms & Conditions, as does your purchase of any of our Products and/or Services via the website
• we may vary the Terms & Conditions at any time without notice; your continued use of the website following any changes indicates your acceptance of the change
• you may only use and access the website to the extent that you are legally able to do so in your State, Territory and/or country and you must also be over 18 years of age (or the age of majority in your location)
• by using the website, you warrant that you meet the eligibility criteria in the Terms & Conditions
• we reserve the right to prohibit anyone from using the website for any reason.

1. Products and/or services

We reserve the right to modify or discontinue all or part of our Products and/or Services at any time.

2. Prices and GST

Prices on our website are listed in Australian dollars and are inclusive of GST where required.

Prices and specials may vary between the website and in-person store and are subject to change without notice at our sole discretion.

3. Product availability, appearance and weight

Products may have limited quantities and are subject to the cancellation and refunds policies contained within these Terms & Conditions.

Certain Products and/or Services may be available exclusively online through the website or exclusively at our in-person store.

The Product(s) supplied may differ to the displayed website images in terms of shape, size, colour vibrancy, fat to meat ratio or shell to meat ratio. Products may include roe (eggs), bones, scales, fin fragments, natural spikes, shell, pearls or other natural features and/or objects; these are not considered Product defects.

Our Product prices are calculated on a per unit basis and the weight indicated at the point of purchase is Product-based and is not inclusive of packaging. We will endeavour to ensure that you receive the ordered weight at a minimum and you will not be charged for any additional weight. The weight of a Product may vary slightly due to absorption or release of fluids; this is a natural phenomenon for fresh seafoods products.

We reserve the right to limit the quantities of any Products and/or Services that we offer. All descriptions of Products and/or Services are subject to change at any time without notice.

4. Payments and surcharges

To secure a Product and/or Service, payment must be made in full by a payment method listed on the checkout page of the website, as available at the time of your purchase, and subject to any terms stated during the checkout process.

Online card payment: A payment processing fee (also known as a ‘surcharge’) of 1.79% + $0.30 per transaction is applied to all online card transactions. The calculated fee will be specified on the checkout page. Card payments will be processed as soon as your order is placed.

From time to time, at our discretion, we may offer alternative payment methods, including:

• In-person cash payment: No fee.
• In-person card-present payment: A surcharge of 0.9% of the total purchase value applies (including any GST and surcharges).
• Bank transfer: No fee (note: we will not be responsible for any fees or charges that you may incur from your financial institution).

Payment processing fees and surcharges reflect the amounts that we are charged by our payment providers. Surcharges are subject to change without notice at our sole discretion.

Information on how your payment information is collected and stored is provided in our Privacy Policy.

5. Orders and pickups

When you place an order, you will select a pickup date and pickup time window based on the availability offered to you at checkout. Pickup dates and windows are at our sole discretion. We reserve the right to modify timeframes, for example, between ordering and pickup and pickup windows at any time.

Special Order Products may have extended or specific timeframes for pickup. Where this is the case, it will be clearly stated in the Product description.

By placing a pickup order, you are agreeing to pickup the items in-store, i.e. from our operating premises located at the Ampol Service Station precinct, 1 Captain Cook Drive, Agnes Water QLD 4677 unless otherwise agreed. Currently, we do not offer delivery unless otherwise stated in the Product description.

Orders will be available for pickup at any time within the pickup window that you have chosen on the date that you selected during the checkout process.

We reserve the right to refuse or reject any order you place with us, for any reason, including where we suspect that an order is fraudulent. If we refuse or reject an order you place with us, you may contact us and we may, at our sole discretion, provide you with further information and/or re-process your order. Prior to re-processing an order (done only at our discretion), we reserve the right to request further information from you, including a government issued ID (for example, a driver licence) for the purposes of verifying your identity and order details and matching it against those in our system.

We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

6. Christmas orders

Orders for the approximate period encompassing 25 December and the preceding week each year may have a separate sales portal, be subject to modified Terms & Conditions and Product offerings, prices and/or payment methods may differ. Orders for this period will be opened during the prior October or November, with an announcement on our website and social media.

7. order Cancellation, amendment requests and/or non-collection

Requests should be made as soon as practicable via our web form or email. Please include your full name, email address and order number.

We will attempt to accommodate any cancellation or amendment requests so far as is reasonably practicable. Given the nature of our Product, however, cancelled orders can impact our workflow, affect stock levels for daytime trade or result in product wastage. As a result, fees may apply to cancelled or amended orders.

Our maximum fees are as follows, as a percentage of the total order value in the case of cancellation requests and non-collection or as a percentage of the relevant Product value in the case of amendments (not including payment processing fees, which are addressed below):

• seven (7) days or more prior to pickup window, no cancellation fee will apply
• two to six (2-6) days prior to pickup window, up to 50% cancellation fee may apply
• within 48 hours of the pickup window, during or after the pickup window, up to 100% cancellation fee may apply
• any Special Order Product, up to 100% cancellation fee may apply irrespective of the timeframe.

Payment processing fees will not be refunded for change of mind.

Refunds will be provided in the same form as the original payment.

These Terms & Conditions do not limit or exclude any rights you might have under any applicable law, including under Australian consumer law.

8. Returns, faults, refunds and replacements

Due to the nature of our Product, we cannot accept Product returns.

Agnes Water Seafood wants to ensure the best seafood experience possible. If there is a problem with a Product and/or Service, notify us within three (3) days of pickup and we will consider a full or partial refund or replacement, as deemed appropriate by us. Due to the nature of our Product, we may not honour refunds or replacements if the claim is not made within three (3) days of pickup and/or if we deem that the Product defect is due to the Product being mishandled after pickup (e.g. not stored, frozen or cooked appropriately).

Products may include roe (eggs), bones, scales, fin fragments, natural spikes, shell, pearls or other natural features and/or objects; these will not be considered Product defects.

In the event that we are unable to supply a Product and/or Service, you will be provided with a full refund, including any payment processing fees or surcharges, or offered a substitution with a comparable Product.

These Terms & Conditions do not limit or exclude any rights you might have under any applicable law, including under Australian consumer law.

9. accuracy, completeness and timeliness of information

To the fullest extent permitted by law, we do not give any express or implied warranties and make no representations in relation to the accuracy, completeness or reliability of information on this website.

Your use of this website, and/or use and purchase of our Product(s) and/or Services is entirely at your own risk. The information and materials made available on this website is provided as-is and we have no obligation to verify and/or update such information or materials (including any historical information retained on the website). Such information and materials are provided for general information only and should not be relied upon or used as the sole basis for making decisions, including for use for a particular purpose, result or outcome.

We reserve the right to modify the contents of the website at any time.

10. Liability

These Terms & Conditions do not limit or exclude any non-excludable rights you might have under any applicable law, including under Australian consumer law.

We do not provide warranties of any kind in relation to the website, our Products and/or Services, the Content and/or the User Content. To the fullest extent permitted by law, and except where otherwise set out in these Terms & Conditions:

• we, and our owners, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the website, our Products and/or the Services, the Content and/or the User Content
• we expressly disclaim all warranties, express or implied, of any kind with respect to the website and the Products and Services made available and/or sold via the website, including without limitation that the website will be uninterrupted or error-free and/or other warranties (express or implied) of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.

Products may include roe (eggs), bones, scales, fin fragments, natural spikes, shell, pearls or other natural features and/or objects. We are not liable for any injuries caused by these natural features and/or objects during the preparation or consumption of our seafood, or improper preparation, handling, storage or cooking. An appropriate level of caution is advised when handling or consuming any seafood product.

11. Indemnification

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special, aggravated and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions and/or your breach of any law or rights of a third party.

12. Intellectual property

The website is owned and operated by us. Unless otherwise specified, all material appearing on the website remains our exclusive property, including the text, audio, video, site design, logos, graphics, icons and images, photographs, graphics, typefaces and all other material (collectively, the Content) as well as the selection, assembly and arrangement thereof.

The Content is protected by copyrights, trademarks or other intellectual property laws and rights. Unauthorised use of the Content may violate copyright, trademark and other laws.

You may not sell, transfer, assign, license, sublicense or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content. All goodwill generated from the use of any of our trademarks inures to our benefit.

13. Acceptable use

You must not:

• copy, modify or create derivative works based on the Content
• infringe the intellectual property rights, privacy or confidentiality of us or any third party or engage in any activity that may result in injury, death, property damage and/or liability of any kind
• post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening
• use the website and/or our Products and/or Services for any illegal or unauthorised purpose nor may you, in the use of our Products and/or Services, violate any laws in your jurisdiction
• access or use the website to collect any market research for a competing business
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the website
• interfere with or attempt to interrupt the proper operation of the website through the use or introduction of any virus, malicious or harmful code, Trojan Horse, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the website.

14. Privacy

Your use of this website and purchase of our Products and/or Services may involve the transmission to us of certain personal information. Please review our Privacy Policy for information on how your personal information will be handled.

Last updated: 26 April 2024