Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to ASA Pty Ltd (AustralianVitamins.com). Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- Registration is necessary to use some of the services on our website. Registration is completed once an order is placed and includes submitting your name, email address, address, telephone number/s, acceptance on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account. You may unsubscribe from receiving updates and promotional material and other information at any time by either contacting us through our Contact Us page or by clicking on the “Unsubscribe” link included in all promotional emails. You may Opt-Out of receiving any promotional SMS text by following the instructions provided in any SMS text received.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, you will be required to provide a password and other account details.
- We reserve the right to terminate your membership at any time if you breach the terms and conditions on this website.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST where applicable. We endeavour to ensure that our prices are current. Our prices can be accessed on a product page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel & refund your order should our prices change or due to an error.
- We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
- In some cases stock levels may not be adequate to supply your purchase. This may be resolved with an offer of a refund or may extend the dispatch times estimated, in order to supply purchased items.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. Our prices can be accessed from our website and we reserve the right to amend our prices at any time.
- Packaging and postage is an additional charge, calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within Sixty (60) days. If we have not responded to you within Sixty (60) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that the product is not available.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
- All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction we give you the option to take out carrier insurance.
Prices & Discounts
- Savings, discounts or deals indicated are either referenced from pricing on our website or the recommended retail prices (RRP). Savings, discounts or deals may be indicated in the following ways (including but not limited to):
- Example: RRP (Recommended Retail Price) of $10. Website Price: $10. Acquiring three (3) units at the RRP would cost $30. Acquiring three (3) units at the Website Price under the Buy 2 Get 1 Free: $20. The saving shown would be $10.
- We will not mark up the price of an article in order to recover, in whole or in part, the cost of the free product. In most cases, a product which indicates Buy 2 Get 1 Free is priced at or close to, the recommended retail price. With the Buy 2 Get 1 Free prices indicated on our website, we make no assurances that our prices are higher, lower or matching with other stores.
- Example: RRP (Recommended Retail Price) of $10. Website Price: $10. Acquiring two (2) units at the RRP would cost $20. Acquiring two (2) units at the Website Price under the Buy 1 Get 1 Free: $10. The saving shown would be $10.
- We will not mark up the price of an article in order to recover, in whole or in part, the cost of the free product. In most cases, a product which indicates Buy 1 Get 1 Free is priced at or close to, the recommended retail price. With the Buy 1 Get 1 Free prices indicated on our website, we make no assurances that our prices are higher, lower or matching with other stores.
- Buy 2 Get 1 Free -Savings indicated are compared to when buying three (3) individual units at the RRP (Recommeneded Retail Price).
- Multi Discount – Savings indicated are based on the RRP (Recommended Retail Price) provided to us by the brand / manufacturer / distributor. Discounts of 10% OFF, 15% OFF, 20% OFF are calculated from the RRP (Recommended Retail Price) listed price. Multi Discount (Multi-Discount, Multi-Buy Discount) price structure is only available on products where indicated on our website.
- Buy 1 Get 1 Free – Savings indicated are compared to when buying two (2) individual units at the RRP (Recommeneded Retail Price).
Order Cancellation Due To Error
- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
- We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our “contact us” webpage and we will help make arrangements for the return of such goods.
- We also undertake to exchange or refund any undamaged product purchased from us so long as it is returned unused and with proof of purchase within Fourteen (14) days of receiving the order. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange or refund is entirely at your cost and risk.
- If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the product amount initially debited for the purchase.
Spending Account Credits
- Credit (if available) will automatically be applied at the checkout.
- Credit will be applied in full.
- Example: If you have $25 credit in your account, $25 will be applied at the checkout.
- Total cart amount after any discounts must exceed available credit for credit to apply.
- Example: If your total cart amount after discounts is $20, your account credit of $25 will not apply. Your cart must increase above $25. If your cart does not increase above $25, credit will be saved and remain in your account for your next purchase.
- Credit cannot be refunded, exchanged or transferred.
- Credit does not apply to any shipping fees or insurance options.
Earning Account Credits
- Get your friends, colleagues and family to enter your email address (your email address used to log into AustralianVitamins.com) in the coupon / referrer code field when checking out. The referee will receive a 5% discount on their first purchase. You (as the referrer) will receive 5% in account credits based on their product totals for that first order.
- Your account will now be linked and you will receive an ongoing 2% in account credits every time the referee places an order. Credits are based on their product totals.
- You may share your email to earn account credits in the following ways:
- On your social media profiles such as Facebook, Twitter, Instagram, Pinterest, Google+, YouTube.
- On your personal blog
- Via email or text message to your contacts. You MUST adhere and comply to any privacy / spam laws applicable. We will not be liable for any misuse or infringements received.
- Word of mouth
- You may not share your email to earn account credits in the following ways (not limited to):
- Pay-Per-Click advertising such as adwords.
- On coupon code websites, discount themed websites or blogs.
- Make claims or statements on products that have not been approved by the Therapeutic Goods Administration (TGA) or are outside of the approved product description.
Account Credit Expiry
- Account credits do not expire. Account credits will be removed once they have been spent / redeemed.
- If for any reason, we decide or are required to cancel, alter or remove the account credit system, you will be given notice and sixty (60) days to spend any remaining / existing account credit.
- We will contact you via email to notify you at the commencement of the sixty (60) days.
By using our Account Credits system, you have subscribed to receiving notifications when your email is used for a referral, updates and promotional material and other information at any time.
Customers may only hold ONE account. If you are having trouble logging into your existing account, please Contact Us and we can help. Multiple accounts will result in the cancellation of all accounts and the cancellation of all account credits. We will not provide any notice. If you require more than one account please Contact Us.
We reserve the right to close / cancel a member account and or cancel account credits at any time if we suspect a breach of terms, fraudulent referrals, disputed credit card charges, multiple accounts or any other activity resulting in misuse.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- If a Force Majeure event causing delay continues for more than Sixty (60), we may terminate this Agreement by giving at least Sixty (60) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
These Terms and Conditions have been specifically drafted for, and provided to ASA Pty Ltd – AustralianVitamins.com.