Terms and Conditions of Use

In these Terms and Conditions of Use ("Conditions of Sale"), "we" or "us" means the business trading as Awesome Healthfoods and "you" means the person, organisation or entity that purchased the products or related services from us.

Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased online, by email or over the telephone.

Orders

You may place an order with us over the telephone, by email or by completing and submitting to us an online order form on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products. We are not required to give reasons for rejecting your order. If we have not responded to you within seven days, your order will be deemed to be rejected.

Your accurate and current contact details including but not limited to your telephone number, email address, current street address, delivery address, etc. must be provided before we will accept your order. We keep all information you provide private and secure. Please refer to our Privacy Policy to see how we collect, use and protect your personal information.

You must not order products or services from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.

Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our sales team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your email or telephone order.

We will let you have an "order reference number" via a confirmation email or over the phone once your checkout process or phone order is complete. However, if you are paying by credit card, debit card, Direct Debit, Cheque or Paypal, we will not complete your order until your payment has passed our internal validation procedures and has been received by us. Once your payment has been validated, we will process your order. Please keep your order reference number safe.

Once your payment has been validated, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products. No changes to these Conditions of Sale will be effective unless we both agree to the changes in writing. All orders are final and no refunds will be given.

Availability

We do our best to keep in stock all products that are offered by us on this website. All stock availability as represented on our website or by our sales or Customer Service Team is accurate in accordance with our current stock levels, however, these stock levels are subject to change without notice.

If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

Price and Payment

The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST. We make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

We accept payment by VISA & MasterCard credit cards, Paypal, Direct Deposit or Cheque. All orders must be prepaid prior to delivery.

Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. We employ the latest Commonwealth Bank Commweb technology and use Paypal's secure payment gateway. We will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party. We do not keep your credit card details on file.

If you would like to redeem a gift voucher for payment or partial payment of your ordered products, you must enter the gift voucher details during the checkout process or inform our sales or Customer Service Team when placing your phone order. Products purchased with a gift voucher cannot be returned in exchange for cash.

If you have a valid promotional/discount/coupon code, you will be prompted to enter the code at checkout and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the "Apply" button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our Customer Service Team.

Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.

Delivery

We offer free delivery for all orders over $65.00 (including GST). Orders under $65.00 will attract a $10.00 (including GST) freight charge. We deliver to most areas in mainland Australia. We usually use a courier service to deliver your orders although it is possible that we may use Australia Post on occasions. East coast orders are usually delivered within 1 to 5 business days from payment being received and orders from elsewhere in Australia 5 to 10 business days - although we cannot guarantee an exact delivery date.

If you need to change the delivery address, please contact our Customer Service Team as soon as possible.

You may provide Special Delivery Instructions at the time you place your order which we will provide to the courier service. The courier will usually follow those instructions for your delivery. Should you not enter an authority to leave message during checkout, packages may need to be signed for on delivery. In such cases please ensure you use a delivery address where someone will be able to sign for the delivery during business hours, or please stipulate "deliver by Australia Post". Unless Australia Post is stipulated extra delivery charges may apply if there is neither an authority to leave or else no one at the delivery location to receive the goods. It is entirely your responsibility what happens to your order after the Authority To Leave or Special Delivery Instruction has been followed by the courier.

We endeavour to despatch your order within 24 hours of you placing your order but make no warranty or guarantee that this will be the case.

Loss or Liability

We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Title to and risk of loss or damage to the goods passes to you upon dispatch.

Our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.

Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

Returns and Refunds

We do not accept order cancellations for any reason.

If your product was faulty or damaged prior to being despatched by us we may choose to replace the product ordered or refund the purchase price at our discretion.

If your faulty or damaged item needs to be returned you must adequately package it so as to not increase the chance of further damage during transit back to our warehouse. All original items including packaging must also be returned. We will let you know the preferred method of return. All return costs are to be prepaid by you.

If you are entitled to a refund, we will only give you the refund once we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Conditions of Sale. Any refund we make will be by the same payment method used to purchase the product, except for cash payment, which will be refunded by cheque.

Copyright

Unless expressly indicated to the contrary, Awesome Healthfoods or its licensors own all copyright in all texts, graphics and layouts on this website. Except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you must not copy, modify, transmit or distribute any Material on this website. You acknowledge that you do not acquire any ownership rights by downloading material from this website.

Disclaimer

The Material on this website is intended to provide general information only and may not be accurate or current. Material is provided on an "as is" and "as available" basis. Awesome Healthfoods does not warrant or make any representations concerning the completeness, timeliness, suitability or accuracy of any Material on this website including, without limitation, the prices of products or services, contained on or accessible through this website, or that access to this website will be uninterrupted, timely or secure. To the maximum extent permitted by law, in no event shall Awesome Healthfoods be liable for any damage of any kind related to the completeness, timeliness, suitability or accuracy of any material. The use of the website and content is at your own risk.

We make no warranty that goods or services acquired from us over this website will meet your requirements.

The contents of this website is not intended for diagnosing, prescribing or for the treatment of any disease. If you require diagnosing, prescribing or treatment of any disease, you are advised to consult your doctor or a health care professional.

The material on this web site is provided for health educational purposes and is not intended as medical advice.

This website may contain hypertext links, frames or other references to websites operated by third parties. We cannot control the contents of third party websites, and make no warranty about the completeness, timeliness, suitability or accuracy or subject matter of the material located on third party websites. We do not approve of, endorse, or sponsor any content or material on third party websites.

Virus Warning

Awesome Healthfoods does not represent or warrant that any files or other material obtained from or through this website are free from computer viruses or other defects, including trojan horses and/or worms. Any such files are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.

Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days written notice.

General

These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.

We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.

We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you. We are not required to give reasons for refusing supply. If we have not responded to you within seven days, your offer to purchase will be deemed to be rejected.

You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.

Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.

Please refer to our Privacy Policy to see how we collect, use and protect your personal information.

Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.

These Conditions of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Contact us

If you need to contact us for any reason, please do so using the contact details below:

Awesome Healthfoods Customer Service Team
Telephone: 1800 224 254
info@awesomehealthfoods.com.au