Terms and conditions

Terms & Conditions

Part 1 – Introduction

1.1 Clamms Seafood Pty Ltd (Clamms Seafood) operates as a Seafood Wholesaler Processing Facility and Distribution Service, offering direct to consumer online sales, through www.clammsonline.com.au.shop.

1.2 Clamms Seafood provides a range of premium fresh & frozen seafood, dry goods & frozen vegetables.

1.3 This site is only intended for use by people residing in Victoria, Australia.

Part 2 – TERMS
2.1 You are required to comply with these terms and conditions and any Clamms Seafood policies to access or use the site, platform, content, Products & Clamms Seafood’s services.
2.2 You agree to the terms when you access and use the site. You may not access or use the site if you do not agree.
2.3 The terms that apply are those that are published at the time of your access or use of the site. Clamms Seafood reserves all rights to alter the terms from time to time and at its sole discretion.
2.4 Before using the site you are required to be aware of and comply with the terms that apply at the time you use or access the site.

Part 3 – Clamms Seafood Services.
3.1 Clamms Seafood provides you access and use of the site and online ordering platform to: (a) Search for, order and pay for products from Clamms Seafood: and (b) arrange collection or delivery of products from Clamms Seafood.
3.2 Clamms Seafood Services are for your personal, non-exclusive, non-commercial, non-transferable use.
3.3 You agree to receive promotional emails, text messages or other communications in connection with your use of Clamms Seafood Services.

Part 4 – Ordering.
4.1 You are able to order Products from Clamms Seafood for collection or delivery.
4.2 When you order Products, your order will be allocated to your required day of delivery, to which, Clamms Seafood will do their best to fulfil. You will be contacted if there are any changes to your delivery day.
4.3 Where your order is to be collected, you must collect your order from Clamms Seafood at the days and times notified by Clamms Seafood at the time of ordering or at such other day and time as you agree. Any orders that are not collected by you will remain available for your collection until such date the order is determined as spoiled by Clamms Seafood in its sole discretion.
Please note, we cannot accommodate late or early pickups. You must pick your order up during the allocated time slot.
4.4 Where your order is to be delivered, it will be allocated to the next available delivery date unless specified otherwise.
4.5 Orders will not be delivered on Sunday, or public holidays and delivery dates may be subject to availability.
4.6 If you order a product that is unavailable at the time of collection or delivery to you, Clamms Seafood will attempt to contact you (from 7am) to make alternate arrangements (suitable to you) or refund you the price of the product that in unavailable.
4.7 All photos of products have been taken at our factory. There will always be variation in products as they are wild caught and will always have slight variation in appearance.
4.8 We are unable to accommodate variations to the products that are advertised online as extra processing such as taking the skin off and portioning are an extra cost. If you would like altered products, please call us before placing your order.

Part 5 – Deliveries
5.1 You are able to order products from Clamms Seafood for collection or delivery, the minimum order amount is $100.
5.2 Deliveries will be made by Clamms Seafood from 7am and by no later than 7pm (rare occasions) on delivery day or other day selected by you.
5.3 Deliveries will be made by Clamms Seafood, using reasonable endeavours, to the address nominated by you. You agree that if you are not at the nominated address at the time of delivery, the driver will attempt to call the number provided, if unsuccessful in contacting the customer, the delivery will be left unattended at your doorstep (subject to any reasonable directions from you with your order).
5.4 If your nominated delivery address is an apartment, unit or other secured building, you must provide us with appropriate delivery instructions, access code, or such other means to enter (subject to any reasonable directions from you with your order), otherwise the delivery (including non-delivery) will be at the discretion of Clamms Seafood.
5.5 The purchasing of alcohol can only be purchased through gift hampers sold on the online store and can’t be purchased individually. When you order and purchase alcohol, you will be asked at the point of collection or delivery to provide proof of identity/age to lawfully collect or receive delivery.
5.6 Clamms Seafood determines, at its sole discretion, the locations to which products can be delivered. There is no guarantee that Clamms Seafood will deliver to your location or postcode. If you order products, your order will be refrigerated to the point of delivery. Refrigerated Products will be packaged in a Clamms Seafood Box Pack which includes ice pack to maintain temperature to the point of delivery.
5.7 Once the delivery has been made, you are responsible for ensuring any refrigerated products are promptly refrigerated and that the temperature of the refrigerated products are maintained within safe levels. Clamms Seafood will not be responsible for any loss (including theft) of delivered products or their spoilage following delivery.
5.8 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
5.9 If you are not home to accept your products and there is nowhere safe to leave stock (at the driver’s discretion), stock will be returned to Clamms Seafood. Customer will attempt to be contacted, if a second delivery is requested, you will be charged an additional delivery fee and no refunds will be granted.
5.10  All live products are dispatched live from Clamms Seafood. Depending on delivery route, you may receive live products that may not be as lively as before, and Clamms Seafood will not be able to accept credits/returns for these live products as during the cold chain transport they may fall asleep and become lifeless.
5.12 If Clamms Seafood are unable to personally deliver an order due to location in Victoria, some deliveries can be delivered via a third party at an additional fee.
5.13 Clamms Seafood maintain a cool chain from the factory all the way to delivery.
Part 6 – Your Obligations.
6.1 When accessing and using the site to order and purchase products, you warrant that: (a) you are legally capable of entering into binding contracts; (b) you are at 18 years if age or over (if you are ordering and purchasing alcohol); (c) you are the registered card holder or you have express authority from the card holder when making payment for an order by credit card; (d) you are resident in Australia; (e) you are accessing the site from Australia.
6.2 You agree to comply with all applicable laws and for lawful purposes when accessing or using Clamms Seafood Services.
6.3 Some of the products available to purchase on the site will not be suitable for persons with allergy and dietary requirements. You acknowledge that it is your responsibility to determine what products are suitable for you.

 

Part 7 – Storage and Use-by Dates

7.1 – All fresh seafood items should be stored at or below 5 degrees Celcius and should be cooked and consumed within 48 hours unless otherwise specified.

Part 8 – Fees and Payments.
7.1 The price of the products and our delivery charges will be as quoted on the site from time to time, except in cases of obvious error.
7.2 All prices include GST (goods and services tax) and are quoted in Australian dollars.
7.3 Product prices will change, especially in regards to wild caught fish, but changes will not affect confirmed orders.
7.4 As Seafood pricing fluctuates daily, you will be charged the price on the day that you order, we will not accept cancellations due to price fluctuations after your order has been placed.
7.4 Payment for all products must be by credit or debit card. Clamms Seafood accepts payment with Visa, Mastercard and Amex (2.2% surcharge).
7.5 Orders will be fulfilled once full payment has been cleared. If the card payment is declined by your issuer for any reason, Clamms Seafood cannot hold or process your order.
7.6 You will be provided a tax invoice in respect of products purchased from Clamms Seafood.

Part 9 – Complaints and Refunds.
8.1 You must make a complaint or request a refund within 24 hours of receiving your order via email to info@clamms.com.au. Clamms will not accept order enquiries via facebook messenger.
8.2 Clamms Seafood will manage requests for refunds in accordance with the Clamms Seafood Refund Policy and Australian Consumer Law.
8.3 If you have concerns with a product purchased you should report the concern to Clamms Seafood as soon as you become aware of any problem. You can do this via phone prior to 1pm Monday 21st December – Wednesday 23rd December or prior to 11am on Thursday 24th December or via email at info@clamms.com.au . Complaints will not be accepted via facebook or Instagram.
Please note that any complaints or enquiries will be addressed on Tuesday 29th December as Clamms Seafood will be closed from 11am 24th December – 11:59pm Monday 28th December.
8.4 To the extent permitted by law, Clamms Seafood limits its liability, at the option of Clamms Seafood, to the replacement or resupply of a purchased product, or the payment of the cost of replacement or resupply.
8.5 Clamms Seafood will not offer a refund or return where you change your mind in respect of any purchase of a product.
8.6 As product is fresh and processed by hand, weights may vary +/- 10%. Pricing has been based on average, including all possible weights and there will be no credit issues for weight variances within the +/- 10% threshold.
8.7 Clamms Seafood weighs all the products before being packed. As it can be a fresh product, it may lose weight through water and moisture during transit.
8.8 Clamms Seafood’s scales are professionally calibrated monthly and may vary to household kitchen scales.
8.9 Clamms Seafood sells many products by the piece. Our internal stock codes can be set up by the KG only, but some stock will be invoiced as (EACH).
8.9 This part is not intended to exclude, restrict or modify any of your consumer guarantee rights under the Competition and Consumer Act 2010 (Cth) and corresponding provisions of State or Territory legislation.
Part 9 – Contacts
9.1 You may contact us at info@clamms.com.au or by calling us on 03 9689 6322
9.2 All complaints or refund requests or disputes are to be lodged at info@clamms.com.au or by phone on 03 9689 6322
9.3 Office hours are listed below:
Prior to Christmas Week:
Monday to Thursday 5:30am – 1:00pm
Friday 5:30am – 2:00pm
Saturday 5:30am – 9:00am

Christmas Week:
Monday 21st December 5:30am – 1:00pm
Tuesday 22nd December 5:30am – 1:00pm
Wednesday 23rd December 5:30am – 1:00pm
Thursday 24th December 5:30am – 11:00am
Friday 25th December Closed
Saturday 26th December Closed
Sunday 27th December Closed
Monday 28th December Closed

NYE Week
Tuesday 29th December 5:30am – 1:00pm
Wednesday 30th December 5:30am – 1:00pm
Thursday 31st December 5:30am – 11:00am
Friday 1st January Closed
Saturday 2nd January Closed

Contact outside of our open hours can be made through info@clamms.com.au