1. About These Terms
These Terms and Conditions (“Terms”) govern your use of the Simsara Farm website and any purchase, sale, or reservation of animals from Simsara Farm (“we”, “us”, or “our”).
Simsara Farm is a family-run livestock breeding operation located in Gidgegannup, Western Australia, Australia. By using this website or entering into any agreement to purchase animals from us, you agree to these Terms.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of Western Australia.
We reserve the right to update these Terms at any time. Changes will be posted on this page with a revised date. Your continued use of the website constitutes acceptance of any updated Terms.
2. Use of This Website
You may use this website for lawful purposes only. By accessing this website, you agree that you will not:
- Use the website in any way that violates any applicable law or regulation
- Transmit any unsolicited or unauthorised advertising or promotional material
- Attempt to gain unauthorised access to any part of the website or its underlying systems
- Use any automated tools to scrape, crawl, or harvest content from this website
- Reproduce, duplicate, or copy any material from this website without our express written permission
We reserve the right to suspend or terminate access to this website at any time, without notice, for any breach of these Terms.
3. Website Content and Accuracy
We take care to ensure the information on our website is accurate and up to date, but we do not guarantee the completeness, accuracy, or currency of any content. Animal availability, pricing, and breed information are subject to change without notice.
All photographs, descriptions, and other content on this website are provided for general informational purposes. Images of individual animals are representative; each animal’s exact appearance, markings, and characteristics may vary.
We are not responsible for any reliance you place on information provided on this website. Before making any purchase decision, we encourage you to contact us directly to confirm current availability and details.
4. Purchase of Animals
4.1 General
All sales of animals from Simsara Farm are subject to these Terms, along with any additional conditions agreed in writing at the time of sale. Our animals include Belted Galloway cattle, White Miniature Galloway cattle, Miniature Hereford cattle, Lowline Angus cattle, donkeys, sheep, lambs, and poultry.
4.2 Enquiries and Reservations
Submitting an enquiry through our website does not constitute a binding offer or reservation. Animals remain available for sale until a formal deposit or written agreement has been confirmed between both parties.
We will make reasonable efforts to respond to enquiries promptly and to advise you of availability. We cannot guarantee that any specific animal will remain available during the enquiry process.
4.3 Deposits and Payment
Where a deposit is required to reserve an animal, the following applies:
- The deposit amount and terms will be agreed in writing prior to payment
- Deposits are non-refundable unless we are unable to fulfil the agreed sale
- The balance of the purchase price is due prior to or at the time of collection, unless otherwise agreed in writing
- Payment terms will be confirmed in writing for each transaction
4.4 Transfer of Ownership and Risk
Ownership and risk in an animal passes to the buyer at the time of collection or delivery, whichever occurs first. From that point, the buyer assumes full responsibility for the animal’s care, health, and welfare.
4.5 Collection and Delivery
Buyers are responsible for arranging and paying for the transport of animals from Simsara Farm unless otherwise agreed in writing. Animals must be transported in appropriate, safe, and lawful conditions in accordance with the Animal Welfare Act 2002 (WA) and any applicable livestock transport standards.
If we agree to arrange delivery, transport costs will be confirmed in writing and form part of the purchase agreement. We will take reasonable care in arranging transport but are not liable for delays or costs arising from circumstances outside our control.
4.6 Livestock Health and Welfare Disclosures
We take animal health and welfare seriously and will make reasonable disclosures about the health status and history of each animal offered for sale. However, by purchasing an animal from Simsara Farm, you acknowledge:
- Animals are living creatures and their ongoing health cannot be guaranteed
- You have had a reasonable opportunity to inspect the animal prior to purchase
- You accept responsibility for ongoing veterinary care once ownership transfers
- Any health certificates or breed registrations provided at the time of sale are current as of the date of issue
4.7 Registered Animals
Where animals are sold as registered with a breed association, registration papers will be transferred to the buyer in accordance with the relevant breed association’s rules. Any fees associated with registration transfer are the buyer’s responsibility unless otherwise agreed.
4.8 Your Rights Under Australian Consumer Law
Nothing in these Terms limits your rights under the Australian Consumer Law (ACL), which is Schedule 2 of the Competition and Consumer Act 2010 (Cth). Under the ACL, you may be entitled to remedies if an animal does not meet consumer guarantees, including guarantees as to acceptable quality.
We do not attempt to exclude any rights you have under the ACL that cannot lawfully be excluded. Where permitted by law, our liability for a failure to comply with a consumer guarantee is limited to replacing or resupplying the animal, or refunding the purchase price.
5. Intellectual Property
All content on this website, including but not limited to text, photographs, graphics, logos, and layout, is owned by or licensed to Simsara Farm and is protected by Australian copyright law.
You may view and print pages from this website for your personal, non-commercial use only. You must not reproduce, distribute, adapt, or otherwise use any content from this website for commercial purposes without our prior written consent.
The Simsara Farm name and logo are the property of Simsara Farm. Nothing on this website grants you any right to use our name or logos without prior written permission.
6. Limitation of Liability
To the maximum extent permitted by law:
- We do not warrant that this website will be available at all times, free from errors, or free from viruses or harmful components
- We are not liable for any loss or damage arising from your use of this website or reliance on any content contained on it
- We are not liable for any indirect, consequential, incidental, special, or punitive damages arising from your use of our website or purchase of animals from us
Our total liability to you in connection with any claim arising from these Terms or your use of our website or purchase of animals will not exceed the amount you paid to us in connection with that claim.
Nothing in these Terms excludes or limits our liability for fraud, personal injury caused by our negligence, or any other liability that cannot be excluded by law.
7. External Links
Our website may contain links to external websites, including social media platforms. These links are provided for your convenience only. We do not control those external sites and are not responsible for their content, privacy practices, or availability. Links do not constitute an endorsement of those sites or their operators.
8. Privacy
Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into and forms part of these Terms. Please read our Privacy Policy, available on this website, for full details of how we handle your information.
9. Enquiry Form and Communications
By submitting an enquiry through our website, you consent to us contacting you by email or phone to respond to your enquiry. We will use the contact information you provide solely to respond to your enquiry and to provide information relevant to your enquiry about our animals.
We do not add you to any mailing lists or send marketing communications without your explicit consent.
10. Governing Law and Disputes
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Any dispute arising out of or in connection with these Terms that cannot be resolved by agreement between the parties will be subject to the non-exclusive jurisdiction of the courts of Western Australia.
We are committed to resolving any disputes fairly and in good faith. If you have a concern or complaint, please contact us in the first instance so we can work towards a resolution.
11. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, or severed from these Terms if modification is not possible, without affecting the remaining provisions.
12. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
Simsara Farm
Gidgegannup, Western Australia, Australia
simsarafarm@gmail.com
We will make every reasonable effort to address your enquiry promptly.