Terms and Conditions

DEFINITIONS & INTERPRETATION

Definitions

"Agreement" means the agreement constituted by the terms set out in this document between you and us, and includes any variation to this Agreement.

"Associates" has the meaning given in the Corporations Act 2001 (Cth).

"Consequential Loss" includes, without limitation:-

• loss of profits
• loss of revenue
• loss of data
• lost production
• loss of business
• loss of the benefit of any contract or other agreement or arrangement
• losses which do not arise naturally from a breach of contract in the usual course
• death or personal injury
• damage to health
• damage to reputation and
• legal costs

"Date of Order" means either of the following dates (depending on the circumstances):-

• date that we accept your order by email in accordance with clause 4(b) or
• date that you accept a varied order by email in accordance with clause 4(c).

"GST" means goods and services tax under the GST Act and any expression used that is defined in the GST Act has that defined meaning in this Agreement (unless the context indicates otherwise).

"GST Act" means A New Tax System (Goods and Services Tax) Act 1999 (Cth), any associated legislation and any other consumption tax legislation.

"Linked Websites" has the meaning given to that term in clause 5(a).

"Products"are any goods offered for sale on the Website, or supplied or promoted by us.

"We", "us" and "our" are references to Nutrition Warehouse Pty Ltd ACN 128 438 755, Global Link Nutrition Pty Ltd ACN 146 959 613, Worldwide Sports Nutrition Pty Ltd ACN 136 262 292 and any Associates of those companies, and each of them severally.

"Website"means the Nutrition Warehouse website at www.nutritionwarehouse.com.au.

"You" and "your" are references to either a user of the Website or a purchaser or prospective purchaser of the Products.

CONDITIONS FOR ORDERING

We do not offer to sell any Products for delivery or use outside of Australia.

If you purchase or use any Products, you:-

• warrant and represent that you are at least 18 years of age
• are ordering the Products for consumption in Australia
• warrant, represent and agree that you have sought, and will continue to seek, advice from independent, appropriately qualified and licensed health practitioners relating to your proposed use of any Products
• warrant, represent and agree that you will only use Products and any information obtained from the Website in accordance with the advice and supervision of independent, appropriately qualified and licensed health practitioners and
• warrant, represent and agree that you will not re-sell or otherwise re-supply any Products

USE OF INFORMATION and products

• All information provided by us on the Website or on or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.
• We do not make any representations or warranties that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to the Website will be uninterrupted, timely or secure.
• We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or any Products.
• Your use of information provided on the Website, and any Products, is entirely at your own risk.
• You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Website. In addition, you may not commercialise any Products, or any information or materials downloaded from the Website.

ordering

• You may place an order with us in one of the following ways:-
  • by placing the order directly through the Website, in which case clauses 4(b) to 4(e) apply; or
  • by telephone, in which case clauses 4(b) to 4(f) will apply.
• Subject to clause 4(c), if you order Products, we will send an email message and tax invoice, which will confirm the:-
  • Date of Order
  • description of the Products ordered
  • order identification number
  • delivery address and
  • price of the Products (including GST and postage)
• Some of the Products may not be available at the time of your order. If we do not have the Products you order in stock, we may (but are not bound to) offer you alternatives before we dispatch your order. If this happens we will telephone you or email you and you may, by telephone or email:-
  • accept the alternatives we offer
  • cancel your order or
  • continue with the order, but tell us by email to omit the out-of-stock item
• We are not bound to supply any Products in the quantities ordered, or at all.
• Despite any email or other order confirmation we provide to you, we are not bound by any anticipated delivery date we provide.
• If you telephone us to place an order then we will explain to you while on the telephone that:-
  • we will only supply Products on the basis that you first accept the terms and conditions of this Agreement and
  • we will email this Agreement to you with our tax invoice; and
  • if you do not accept the terms of this Agreement you must telephone us to tell us that by 5:00pm on that same day, in which case we will not process your order; and
  • if by 5.00pm on the date we email your tax invoice you do not advise us that you wish us to process you order, you will be deemed to have accepted these terms and we will process you order.

price and payment

• All prices stated on the Website are inclusive of GST.
• The prices for delivery within Australia can be viewed under the tab on the Website titled "Delivery Info".
• You must pay us the full price of your order before we will send any part of it.
• You may pay by electronic funds transfer, credit card or debit card using MASTERCARD/VISA/AMERICAN EXPRESS or using Paypal.
• If you opt to pay by:-
  • Credit card, debit card or Paypal, your payment will be processed immediately on placing your order for Products;
  • Klarna, in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Pay in 4 / Pay Now. Payment is to be made to Klarna. Further information and Klarna’s user terms you can find here. Your personal data is handled under applicable data protection law and per the information in Klarna's privacy statement.
  • Electronic funds transfer, you must pay within 72 hours of receipt of our tax invoice, and upon receipt of your payment we will process your order.
  • Afterpay allows you to pay for your purchase over 4 instalments due every 2 weeks. In some cases, Afterpay may require you to make a payment at the time of purchase.

delivery

• Ownership and risk in the Products will pass to you from the moment they are posted by us.
• Products will be posted to the address stipulated in your order. You are responsible for ensuring that someone is present to accept delivery. Our couriers do not require a signature to leave a parcel, we recommended that you provide your work address for delivery if you won't be home during business hours.
• We may post Products in instalments if not all of the Products you order are available at the same time for delivery.

intellectual property

• Copyright

  Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you must not:-
  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or
  • commercialise any information obtained from any part of the Website, or any Products.

• Trade marks

  • The trade marks NUTRITION WAREHOUSE, ANABOLIX NUTRITION, GENETIX NUTRITION, MAMMOTH, HYDROXYLEAN, LEAN WHEY, CRITICAL MASS, DETOXITRIM, the Nutrition Warehouse logo and the other trade marks and logos on our Products are our property.
  • You must not use any of our trade marks without our written permission.
  • Without limiting clauses 4(b)(i) or 4(b)(ii), you agree that you will not use any of our trade marks:-
    • in or as the whole or part of your own trade marks
    • on your website or in any marketing or promotional materials or
    • in connection with activities, products or services that are not ours.

• Third party rights

  Copyright and other intellectual property rights in some of the Website content is owned by and will remain the sole property of third party content providers, including owners of Linked Websites. In relation to the intellectual property of another content provider, you may:-
  • not copy, modify, publish, transmit , transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of it, in whole or in part;
  • download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in that material; and
  • not store electronically any significant portion of any Website content.

RIGHT OF CANCELLATION AND RETURNS POLICY

• In some circumstances you may have a legal right to return Products, for example, where the ACL applies, pursuant to one of the consumer guarantees under the ACL.
• We will not accept returns of Products, provide a refund, or exchange Products if you simply change your mind after ordering Products.
• If you do have a right of cancellation, you must tell us you wish to cancel within seven days of receiving the Products.
• The Products must be returned to us within 21 days of receiving them:-
  • in their original condition (both Products and packaging)
  • securely wrapped
  • together with our delivery slip and
  • at your own risk and cost.
• When we have received the Products, we will credit your credit card or debit card with the purchase price of the Products no later than 30 days from the date the Products are received by us.

PERSONAL INFORMATION

• You agree to provide accurate and up-to-date information about yourself to enable us to provide you with the Products.
• We will deal with your personal information held by us in accordance with the terms of our privacy statement which is available at Privacy Statement

security of information

• Information is also collected by our payment gateway service providers. No data transmission over the internet can be guaranteed as totally secure.
• Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmitted information, we will take reasonable steps to preserve the security of the transmitted information.

disclaimer

• We do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:-
  • your use of this Website
  • any Linked Websites or
  • your use or reliance on information contained on or accessed through this Website.
• Except for losses attributable to breaches of the consumer guarantees in the ACL, to the extent permitted by law, any condition or warranty which could otherwise be implied in connection with the Products or this Website is excluded.
• Where the Products are NOT acquired for personal, domestic or household use or consumption, our liability for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may incur or suffer in connection with: -
  • your use of this Website
  • any Linked Websites or
  • your use or reliance on information contained on or accessed through this Website.
  is limited to (at our election) one or more of the following:-
  • replacement of the Product or the supply of equivalent Product or
  • the payment of the cost of replacing the Product or of acquiring equivalent Product
• Nothing in this Agreement excludes any guarantees or liability arising under the ACL or any other statute if and to the extent that liability cannot be lawfully excluded.
• Product delivery will be via Australia Post. Subject to our obligations under clause 6(b), under no circumstances will we be liable for any direct, indirect or Consequential Losses arising from any of:-
  • a failure or delay in the delivery of Products;
  • delivery of Products to an incorrect address; or
  • damage, loss or theft of Products at any time after they are posted by us.

dispute resolution

• The parties will use reasonable endeavours acting in good faith to resolve any dispute arising in connection with this Agreement ("Dispute") as soon as reasonably possible.
• If the parties cannot resolve a Dispute within fourteen (14) days a party may give notice to the other describing the Dispute and requiring its resolution under this clause, in which case the parties will refer the Dispute to mediation by a Queensland Law Society ("QLS") approved mediator who is:-
  • agreed by the parties, or
  • failing their agreement appointed by the President of the QLS (on the application of any party),
  on the terms of the standard mediation agreement approved by the QLS and any information obtained solely under that reference may not be used for any purpose other than settling the Dispute under this clause.
• If the Dispute is not resolved within twenty-one (21) days of its referral to mediation, a party may commence proceedings in any court of competent jurisdiction.
• All proceedings under this clause will be held at the QLS offices unless the parties agree otherwise.
• Each party must continue to perform their obligations under this Agreement despite the Dispute or any proceedings under this clause.
• Except where urgent interim or preliminary relief from a court of competent jurisdiction is being sought, no party may commence proceedings in any court seeking resolution of the Dispute until the provisions of this clause have been complied with.
• The parties agree that:-
  • a party’s failure to comply with the provisions of this clause may cause irreparable harm and/or substantial damage to the other party;
  • damages are an inadequate remedy for any breach or threatened breach of this clause; and
  • if a party fails to comply with that party’s obligations under this clause:-
    • the non-defaulting party may seek specific performance without proof of actual damage; and
    • neither the defaulting party nor any person under their control may claim that the breach should not be the subject of equitable relief.

general

• We accept no liability for any failure to properly comply with the terms and condition of this Agreement.
• Any provision of this Agreement which is illegal, void or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in another jurisdiction.
• If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.

governing law

• The Website is operated from Queensland, Australia. We make no representations that the content and materials on the Website are appropriate for use in other locations.
• These terms and conditions and your use of the Website are governed by the laws in force in Queensland, Australia. By using the Website or ordering Products via the Website, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

Sellers Discretion

Wherever under this Agreement the Seller (Nutrition Warehouse) has the right to approve or determine any matter, Seller's approval or determination will be in Seller's reasonable discretion unless expressly provided to the contrary in this Agreement.