Sales Terms and Conditions

STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS
OF SOUTH WEST SNAILS

1. DEFINITIONS

In this document, the following words shall have the following meanings:

1.1 "Buyer" means the organisation or person who buys Goods from the Seller.

1.2 "Goods" means the articles to be supplied to the Buyer by the Seller, including but not limited to live snails, books, merchandise, digital products, and any other items available for purchase from South West Snails.

1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how, and all other forms of intellectual property enforceable worldwide.

1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time.

1.5 "Seller" means South West Snails, 181 Jones Road, Yanmah, WA 6258.

2. GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer, excluding all other terms unless agreed upon in writing by the Seller.

2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.

3. ORDERS

3.1 Orders for live snails must be placed at least 7 days before delivery. Orders must be received in writing via email, text message, or as otherwise agreed by the Seller.

3.2 Orders for books, merchandise, and digital products will be processed within 3 business days.

3.3 South West Snails reserves the right to cancel or delay orders due to factors beyond its control, including but not limited to:

  • Extreme temperatures

  • Snail health concerns

  • Stock limitations

  • Technical issues affecting digital product delivery.

3.4 Each order is handpicked, and snails are weighed at the time of picking. B Class snails will weigh between 5g-8g at time of picking and A Class snails will weigh 8g+ at time of picking. The Buyer acknowledges that snails may naturally lose up to 20% of their body weight during the purging process. This is a standard part of preparation and does not impact quality. No refunds or adjustments will be provided for weight loss.

3.5Our minimum order for B Class is 500g which will incur a delivery fee of $30, orders are to be made in 500g increments. Orders of 2kg or more will be free delivery within WA and by agreement in writing with the Seller to other destinations.

3.6 Our minimum order for A Class is 1Kg which will incur a delivery fee of $30, orders are to be made in 1Kg increments. Orders of 2kg or more will be free delivery within WA and by agreement in writing with the Seller to other destinations.

3.7 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:

  • require payment in advance of delivery in relation to any Goods not previously delivered.

  • refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery.

  • terminate the contract.

4. ONSELLING

4.1 Buyers may not resell any of South West Snails’ products through any market, website, third-party reselling channels, or retail establishments without written authorisation from the Seller. Should this term be breached, South West Snails reserves the right to recover all items.

4.2 Products must be used in the manner intended and may not be modified or altered. Any violation will result in the Seller reserving the right to recover all items and terminate agreements with the Buyer. Any unauthorised resale of South West Snails' products is strictly prohibited. In addition to reclaiming products, South West Snails reserves the right to terminate future sales agreements, pursue legal action, and refuse further sales to any Buyer found in violation of this policy.

5. PRICE AND PAYMENT

5.1 Prices are as per the Seller’s current List Price or as agreed in writing. Prices exclude GST and any applicable delivery costs unless otherwise stated.

5.2 Payments for live snails must be made in full prior to dispatch.

5.3 Payments for books, merchandise, and digital products are processed at checkout and must be completed before dispatch or download access is granted.

5.4 Late payments will incur a 10% late fee per 7-day period overdue. If payment remains outstanding beyond 30 days, the Seller reserves the right to initiate debt recovery actions.

6. DELIVERY

6.1 Live Snails:

  • Orders are handpicked and purged for five days before dispatch.

  • Delivery times may vary depending on location and weather conditions.

  • The Buyer shall make all necessary arrangements to receive the delivery at the agreed address. If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.

6.2 Books, Merchandise, and Physical Products:

  • Shipped via Australia Post Standard or Express based on the selected shipping option.

  • Estimated delivery is 1-3 business days for express and 3-7 business days for standard shipping.

  • Tracking information will be provided upon dispatch.

6.3 Digital Products:

  • Delivered electronically to the email address provided at checkout.

  • Buyers are responsible for ensuring they provide a valid and accessible email address.

7. RETURNS AND CANCELLATIONS

7.1 Live Snails

  • Due to their perishable nature, all live snail sales are final.

  • Refunds will not be issued for weight loss due to purging (up to 20% reduction in body weight is expected).

  • Live snails are shipped under optimal conditions, but in the rare case of mortality during transit, the Buyer must notify the Seller within 24 hours of delivery with photographic evidence. At the Seller’s discretion, a partial refund or replacement may be issued. Refunds will not be given for improper handling or storage after delivery.

7.2 Books, Merchandise, and Physical Products

  • Items may be returned within 14 days of receipt if they are unused, in original packaging, and in resalable condition.

  • The Buyer is responsible for return shipping costs unless the item is faulty or incorrect.

  • Refunds or replacements will be processed once the returned item is received and inspected.

7.3 Digital Products

  • Due to the nature of digital goods, all digital product sales are final.

  • If a download issue occurs, Buyers should contact the Seller for assistance.

7.4 Cancellations

  • Cancellations must be made in writing at least 7 days before the scheduled delivery date. Due to the purging process, cancellations after this time will not be accepted, and the full order amount remains payable. Any requests for exceptions must be submitted in writing and will be considered at the Seller's sole discretion.

  • Orders for books, merchandise, and digital products can only be cancelled if they have not yet been processed or shipped.

8. RISK AND TITLE

8.1 Risk in the Goods shall pass to the Buyer at the moment the Goods are delivered to the agreed specified address. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

8.2 Title in the Goods remains with the Seller until full payment is received.

9. LIABILITY

9.1 The Seller makes no guarantees about the suitability of live snails, books, merchandise, or digital products for any specific purpose.

9.2 The Seller is not responsible for loss, damage, or issues arising from improper use of the Goods after delivery.

9.3 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:

  • the correspondence of the Goods with any description.

  • the quality of the Goods; or

  • the fitness of the Goods for any purpose whatsoever.

9.4 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:

  • the correspondence of the Goods with any description.

  • the quality of the Goods; or

  • the fitness of the Goods for any purpose whatsoever.

9.5 All implied terms, conditions, or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 All intellectual property associated with South West Snails, including books, digital content, logos, trademarks, and designs, remains the sole property of the Seller.

10.2 Buyers may not reproduce, resell, or distribute any content without written permission.

11. FORCE MAJEURE

11.1 The Seller shall not be liable for any delays due to unforeseen circumstances, including but not limited to:

  • Natural disasters

  • Strikes or labor disputes

  • Supply chain disruptions

  • Technical failures affecting digital product access

  • the Seller reserves the right to adjust delivery schedules.

  • If a delay exceeds 30 days, either party may terminate the contract, and a full refund will be provided for undelivered goods.

12. GOVERNING LAW AND JURISDICTION

12.1 These Terms and Conditions are governed by the laws of Western Australia, Australia.

12.2 Any disputes shall be resolved through negotiation, mediation, or, if necessary, legal proceedings within Western Australia.

14. SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

15. WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

16. ASSIGNMENT AND SUB-CONTRACTING

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

18. RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

19. CONTACT INFORMATION

For any inquiries, please contact:
📧 info@southwestsnails.com
📍 South West Snails, 181 Jones Road, Yanmah, WA 6258

By placing an order, the Buyer acknowledges they have read, understood, and agreed to these Terms and Conditions.