Terms & Conditions
Welcome! This website, www.cockatoocreekfarm.com.au, is owned and operated by Cockatoo Creek Farm.
This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from us. Please take a moment to read it, as it sets out the terms of our relationship so that we may benefit from clear boundaries and knowing what to expect from each other.
When you visit this website, or purchase our products, you agree that you are over the age of 18 and willing to be bound by these Terms & Conditions. If you don’t agree, you should not continue to visit this website or purchase anything from us.
All products and services advertised on this website are offered in compliance with Australian Consumer Law.
These Terms & Conditions may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.
On this website and in our social media accounts, we provide information about the food we sell, how we sell it, and the farming practices we use to grow it. This content is provided to help you understand our specific farming practices and values, namely our sustainable farming practices and unique direct farmer to customer sales platforms, so you feel informed as a customer about what you are purchasing and if it’s the right fit for you.
Any testimonials we may display on this website are based on our experience and those of our previous customers. They are not guarantees that anyone else will have the same experience or opinion.
While we take all reasonable care to ensure that the content we create is accurate, relevant and up to date, we make no guarantees and disclaim any legal liability for inaccuracy, incompleteness or error. If you find something that seems problematic, it would be very helpful if you let us know!
We may modify our content at any time, including altering or deleting it without notice.
You are responsible for your own safety and welbeing while browsing the internet. Do not act on anything you read without first conducting your own research and making informed choices about what is right for you, based on your personal circumstances.
It really should go without saying, but as a user of our website and social media accounts, you agree not to behave maliciously, spam any other user, post defamatory content about anyone, infect any aspect of our website with malware, hack into any part of our website where you don’t have our permission to be, or use our website for any purpose other than consuming our content, and purchasing our products or services. You also agree not to use our website or content in any way that is unlawful or harmful to any other person or business. If you do, we have the right to refuse you service and ban you from accessing our website or social media.
From time to time, we may provide links to external sites. We have no control over the information provided on these sites, and the links are solely for your information, education or entertainment. We do not endorse any products they offer for sale and have no relationship with them unless otherwise clearly notified.
Disclaimer for Products and Services
There are a number of ways you may choose to work with us that are available to purchase through our website. The terms and conditions in this document apply to all of our services and products unless alternative terms are explicitly provided to you.
Seasonal Community Supported Agriculture (CSA) memberships for our farm produce boxes containing our lamb or beef, together with garlic and olive oil. See our website for details on the specific configuration of the different boxes available for purchase under the CSA membership.
- Extra Virgin Cold Pressed Olive Oil.
- Fresh Garlic – many different varieties available.
Our intention in offering these products is to help you to connect with your food source and the faces behind your food and give you confidence about what you are eating. We take care in growing delicious, nutrient dense and sustainably produced food for you to enjoy and be nourished from. Our farming practices aim to regenerate soil and ecosystem health, as well as animal and human health – in our view they are all linked. We are a small-scale family farm located in Yankalilla, South Australia, thoughtfully producing food for our local community.
Why Work with Us?
As regenerative food producers we put the health of the land, animals and you our customers first. We value being able to supply customers directly, providing us with valuable feedback and appreciation for the work we do and our regenerative farming approach. By joining our CSA you develop a direct relationship with us, the farmers that grow your food. We would love to welcome you to our CSA!
We believe it is our responsibility to make all reasonable efforts to supply a high standard of produce and customer service, share with you our farming journey & be transparent about how we farm. And to take all reasonable care and due diligence with regards to food safety, using our trusted and certified butcher and upholding food safety and product care along the entire chain before produce arrives to you.
What we Expect from You.
It is your responsibility to understand that when you purchase our CSA membership and order any of our meat boxes that you are buying in bulk a section of a whole animal carcass. You will receive a mix of cuts, some cuts you will be familiar with and some cuts you may not be. This provides you with an opportunity to learn about and enjoy using cuts from the whole animal.
You also understand that you are pre-purchasing meat, and it takes some time to process it and be ready as per your preferred pick up / delivery date.
It is your responsibility to ensure meat products are stored as recommended on our packaging, under the listed temperature and used within the used by date, unless frozen. While we are happy to make recommendations, it is your own responsibility to be informed about food safety regarding freezing and unfreezing meat.
We expect you to contact us if you are not satisfied with our product or if you believe there has been an error with your order to give us the opportunity to resolve any issues/dissatisfaction you may have.
We expect you to have read or spoken to us so you have enough information about purchasing our CSA meat boxes to ensure you understand this purchasing model and what bulk buying our meat products looks like.
Important information about how to get the most value out of working with us is set out below. If you have any questions or concerns, please email us before proceeding with your purchase.
Meat products are available seasonally through our Community Supported Agriculture (CSA) membership program, from November through to March or as sold out, therefore meat products are not available all year round. This is due to our chosen farming practices of reducing stock numbers over summer/autumn and the small-scale nature of our farm. Garlic and olive oil are available through the year until we are sold out.
We educate our potential customers on what seasonal CSA purchasing is via our website and online shop and through face to face discussion. We also educate people that they are purchasing the equivalent of a quarter, a side or a whole lamb carcass and/or a portion of beef carcass and therefore they receive a mix of cuts (some higher value, some lower value). We list potential cuts on our website as an indication on what you will get, these will vary slightly. The other information on our website gives you options on how you want your meat cut up and the size and price of the boxes.
We will launch our Community Supported Agriculture membership on specific dates giving you access to our meat products/boxes. Payment will be required at least 14 days before you receive your box. You will have a selection of dates to choose from when you place your order. There are limited numbers attributed to each supply date, therefore as the orders fill up some dates will not be available, and we encourage you to select the next best date/s for you.
You can choose to collect your CSA box from our farmers market stalls such as the Willunga Farmers Market or other listed pick-up locations, in which case it is your responsibility to collect on your chosen date and in the time slot allocated to you. If something comes up on the day and you cannot make it to collect your order please contact us via phone to work out an alternative arrangement. Alternatively, delivery to your residential address can be arranged for an additional fee. Delivery can be selected upon ordering if this is preferred.
If you are collecting your produce, it is your responsibility to bring an appropriate cold storage container to ensure food safe transport back to your fridge/freezer, e.g. Esky and cold packs/ice or car fridge.
Once you take possession of your delicious produce, we do not take any responsibility for your own food safety handling/storage.
You will get the most out of working with us if you value ecologically/regeneratively produced food and want to source it direct from local farmers such as us.
We utilise the whole animal (as much as feasible), so we offer a wide range of cuts, some of which you may not be used to eating, including things like Brisket, neck chops, and bones. We are happy to give you ideas on ways to cook any cuts that you may be unsure of.
You are buying in bulk, so you will require adequate freezer space (see of FAQ page on website).
To increase our efficiency as a small producer and maximise freshness, we supply to order, delivering on specific dates. This helps keeps cost down and makes it easier to plan for.
We will communicate with you to confirm what date we will supply your goods.
This is generally between the months of November and February each year.
In the unlikely event of a climate disaster or supply chain issue, and we cannot supply a specific product or on the selected date, we will liaise with you to arrange an alternative product/time to supply you as soon as possible.
You may not suit purchasing from us in bulk if you do not have a freezer for meat.
We do offer olive oil and garlic which does not require cold storage.
If you only eat one or a select few particular cuts of meat, it may be best to just buy from us at the farmers markets we attend (such as Willunga Farmers Market).
We do not make any guarantees or warranties about the accuracy of any material displayed on this website, or the products, services, or programs offered through it, except for any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. We are human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let us know.
While we make all reasonable efforts to ensure that this website and our products and services meet with the highest standards of best practice, if something does go wrong that is not a direct result of our negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, we will not be liable for any loss or damage arising out of or related to our website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.
You take full responsibility for your implementation of any suggestions that we may make while providing our services. You understand that our advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or significant changes. You agree to indemnify us against all consequences arising directly or indirectly from your choices.
You expressly agree that if this indemnity is unenforceable for any reason, our total cumulative liability for all causes of action of any kind (other than negligence or deliberate wrongdoing) shall not exceed the amount that you have paid to us.
All produce prices on our website are in Australian dollars and are not subject to GST as they are a food items. Any non-food related items on our website are subject to GST.
All payments through our website are processed using NAB payment system, and you can choose either PayPal, Credit Card, Credit Card, or EFT. If you pay EFT, please reference your First and Last name that you have used in your order.
We do not have access to your Bank account details. Any financial information you enter is stored under NAB’s policys:
We require payment in advance for our meat orders/CSA box memberships. We require full payment at least 14 days before you the customer receive the goods. Ideally you pay in full at the beginning of the season, season dates are set each year, dates are roughly the end of November to the end of February each year.
Payments via our online shop are taken at least 14 days before receiving your produce.
Why do we require payment at least 14 days before you get your produce? This is because we supply to order, to minimise waste and supply the freshest tastiest produce to you, and we need to get our produce/animals from the paddock to your plate, this takes time. We walk them to the yards, select the animals that are ready, transport them in our trailer to get them processed. They then hang for up to 14 days before our butcher cuts the whole carcass up and divides the different cuts into family sized portioned cryovac™ packs for you to enjoy.
If we send you an invoice for products/services, it is due as of the due date. You will receive one reminder at 7 days beyond the due date. Invoice reminders will continue to be sent every 7 days thereafter with an administration fee of $10 per week added to the invoice, starting 14 days from the invoice due date, and continuing until the invoice is paid. If there is a problem with payment, please contact us as soon as possible to make alternative arrangements and avoid incurring this administrative fee.
We would prefer to come to a payment arrangement or agreement in person without the need of external forces. However, if an invoice is more than 90 days overdue, you agree to pay all costs, including debt collection agency fees and solicitor’s costs, that we may incur in taking steps to recover any money that you owe to us, regardless of whether legal proceedings are issued in relation to the debt.
If you cancel your order due to a severe change of circumstance at least 14 days before the attributed delivery date we offer a refund of 90% of the purchase price.
If you cancel less than 14 days before your delivery date, there will be no guarantee of a refund, due to having harvested and paid for the processing of your produce. Unless we are able to on sell your order to someone else, then we may refund a proportion of your order depending on how much we can sell in a timely manner. The refund will be no greater that 80% of your purchase price.
If we cannot supply you the ordered produce/services we can:
- Offer a full refund
- Offer the same value of different product
- Give an alternative date where we can fulfil the order
If our product is in some way compromised upon receiving, then photographic evidence is required to be sent to us via email, with details of the defect/problem. We will then review, and if deemed valid we will offer you the customer to get a replacement or refund to the value of that product.
E.g. A pack of lamb chops was found to be open upon receiving goods, and deemed not fit for eating. We will offer you the customer a replacement pack to the same value or a refund. The exchange can happen at either a farmers market such as the Willunga Farmers Market on one of our trading dates, or if the customer cannot do this, we will refund the value of the produce.
Shipping of perishable goods requiring cold transport can be cost prohibitive, therefore we do not offer paying for shipping, in regards to taking back goods or sending out new ones.
We take our obligations under Australian Consumer Law seriously and will do our best to address any issues that arise. However, even if there is a major problem, our liability is strictly limited to:
- Replacing the goods or providing the services again; or
- If we are unable to do so within a reasonable time, refunding the full amount that you have paid to us.
If you feel that there is any problem with our services/your purchase, please let us know within 48 hours of receiving the product. We are keen to understand what has gone wrong if you are unhappy so that we can address your concerns and try to find a mutually acceptable solution.
Delivery and Shipping
If anything is unclear or confusing, we encourage you to reach out to us so we can provide clarification.
- Pick up at a set location and time (customers come to us to collect from an agreed point at an agreed date and time) – farmers markets and pick up hubs. There are no extra charges for this.
- Delivery via cold transport company for meat (at an additional charge to the customer)
- Courier/post for garlic and olive oil and other non-cold storage products (calculated at standard express post or courier charges).
If you have agreed to pick up at a chosen time and location, please ensure you meet us there at this time and location. Please feel free to contact us if you have a genuine reason for wanting to change your allocated delivery date and we will try to come to a mutually agreeable solution. E.g. You need to go to hospital so you cannot pick up your order tomorrow, but you can arrange your sister to pick up for you.
We ship within Australia only.
We provide cold transport to greater Adelaide and select regional areas in accordance with our delivery company runs. We use a combination of our own vehicle for local deliveries and our courier company.
Our cold transport delivery service is for Greater Adelaide and serve these regions:
- Adelaide Hills – Mt Barker, Stirling, Crafers, Bridgewater
- Fleurieu Peninsula
- Southern Suburbs of Adelaide
- Delivery as far north as Grand Junction Rd, and East as Rostrevor.
- Any area not covered here or that does not work on the website ordering page, please contact us to see what we can arrange
For non-refrigerated goods we will deliver through Australia Post Express. Pricing is calculated and visible at the checkout page and it will vary depending on your location and the size and weight of the item.
If the transporter loses or damages our produce, then transporter is responsible for paying for any replacement or damaged goods.
Delivery costs can change at any time depending on service providers fee charges.
Copyright & Trade Secrets
The content of this website is protected by copyright laws and treaties around the world, with all rights reserved. This means that you must not use, copy or make our work public without our permission.
You are welcome to share blog posts or other publicly available content through social media, but you must provide a link back to this website.
You may not copy or reproduce any part of our publicly available content without our written consent. You may store, print and reproduce the publicly available content that we supply solely for your own personal use, and only if we are clearly acknowledged as the source.
Commercial exploitation of our content in any way that competes with our business is strictly prohibited.
You may link to content on our website or social media profiles, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to moderate any comments made on this website, in the Facebook Groups we control, and on any of our social media pages and profiles, including deleting comments that we deem to be rude, offensive, spammy or unacceptable, without any notification or correspondence with you. Keep all communication kind and polite, please.
Disrespectful or aggressive behaviour towards our team or anybody else will not be tolerated.
Dispute Resolution & Jurisdiction
If the dispute cannot be resolved by negotiation and discussion within 14 days, you agree to proceed to mediation with the assistance of an independent accredited mediator, seeking mediation online or by telephone if anyone would need to travel for more than an hour to attend the mediation.
The mediator is to be appointed by agreement or failing agreement within 14 days of the negotiation period ending, we will provide you with links to the websites of at least 2 appropriately qualified, neutral mediators (having first confirmed their availability), and you must select one of them within 48 hours of receiving the nominations. All costs of mediation must be shared equally. Please bear in mind that our financial liability is limited to the product purchase price.
Legal action must not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.
If you have any concerns, issues, or complaints arising out of your use of this website, our products or services, or these terms and conditions, you agree to communicate with us with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email us at email@example.com and expect a response within 7 business days.
If there is a problem, you agree to meet with us in good faith to discuss it and try to make a genuine effort to find a win-win solution. If the problem cannot be resolved within a reasonable time, you agree to pursue mediation and alternative methods of dispute resolution, with litigation being a last resort. We commit to making a similar effort to resolve any disputes in a friendly manner.
These Website Terms & Conditions are subject to the governing law of South Australia. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of South Australia, and the Commonwealth of Australia, will have exclusive jurisdiction.
If you have any questions or need further information, please reach out to Chris and Bridgett using the contact page.
Cockatoo Creek Farm
Fleurieu Peninsula, South Australia.
Address for service of documents: PO BOX 2406 Normanville SA 5204 Australia
Contact us: 0402 222 480
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Thank you for reading & respecting our T&Cs
This document was created with the support of Carefree Counsel. Copying it without permission is a breach of copyright, and a bad business practice. Show respect for us, yourself & your clients by getting your own Contracts that Care!
Acknowledgement Of Country
We are grateful to live and farm on Kaurna country, knowing sovereignty has never been ceded.
We recognise Aboriginal peoples as the original regenerative custodians of country.