FORMULITE TERMS OF SALE
IMPORTANT NOTICE: You should seek assistance from a health care professional prior to incorporating Formulite products into your diet to ensure that they are appropriate for your personal circumstances.
These Terms of Sale constitute a binding agreement between the customer (“you”) and Formulite Pty Ltd (ABN 57 987 725 260) (“Formulite”) and apply to the ordering, purchase, fulfilment and delivery of Formulite products (“Products”) from formulite.com.au (the “Website”). By placing an order for Products from Formulite you agree to these Terms of Sale.
Please read the following Terms of Sale carefully before placing your order.
1.1 In these Terms of Sale:
(a) “Account” means a personal account created by you on the Website;
(b) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time;
(c) “Delivery Fee” has the meaning given in Clause 3.3;
(d) “Order” means an order for Products, placed via the Website;
(e) “Password” means the password needed to access your Account; and
(f) “Website” means www.formulite.com.au.
- YOUR LEGAL RIGHTS
2.1 Your purchase of Products will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Products must be of acceptable quality, reasonably fit for the purpose that Formulite represents they will be fit for, and that the Products will correspond with any relevant description. Nothing in these Terms of Sale shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
- CREATING AN ACCOUNT
3.1 You do not have to create an Account to order Products. If you do not create an Account your order will be processed as a guest.
3.2 You may elect to create an Account as part of the Order process. If you create an Account, Formulite will store your personal information and order history to assist with future orders.
3.3 You warrant to Formulite that all information provided by you in relation to your Account is complete, true and accurate.
3.4 You must notify Formulite immediately if you become aware of any actual or potential unauthorised use of your Password or Account. You indemnify Formulite in respect of any loss or damage it suffers as a result of your failure to notify in accordance with this Clause.
- PRICING & TAXES
4.1 Prices for Products are as shown on the Website.
4.2 Formulite reserves the right to change the prices of Products at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Formulite.
4.3 In addition to the price for the Products, you will also need to pay the advertised delivery fee (if any) (“Delivery Fee”). Any Delivery Fee will appear in your shopping cart prior to the purchase being finalised.
4.4 By placing an Order you agree to pay the price for the Products and any associated Delivery Fee.
4.5 All prices and Delivery Fees quoted are in Australian dollars and are inclusive of GST.
5.1 You acknowledge that all Products that you Order are intended for personal, domestic, non-commercial use only.
5.2 You can place an Order by following the instructions on the Website.
5.3 An Order submitted by you is an offer by you to purchase the Products for the price plus the Delivery Fee as shown at the time of submission of your Order. Formulite may accept or reject your offer in its absolute discretion. In particular, but without limitation, Formulite may reject Orders for commercial quantities of Products. If you wish to order commercial quantities of Products or would like to stock Formulite as part of your business please contact email@example.com.
5.4 Each Order that you place will, if accepted by Formulite, be a separate and binding agreement between you and Formulite with respect to the supply of the relevant Products, in accordance with these Terms of Sale.
5.5 If you place an Order for someone else to receive the Products you must obtain their consent before providing Formulite with their personal information and, by placing an Order, you confirm to Formulite that you have done so.
5.6 You warrant to Formulite that all information provided by you in relation to each Order is complete, true and accurate.
5.7 Please check your Order details carefully before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Formulite. Formulite will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.8 Where you place separate Orders the Products will be delivered separately and a separate Delivery Fee will apply to each Order.
5.9 Where you order more than one item in one Order, all Products for which your Order is accepted at the same time will be dispatched together where practicable.
5.10 Formulite does not guarantee the availability of the Website at any time. You acknowledge that the internet may be an insecure network. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed. Formulite will not be liable to you in the event that any of the foregoing occur.
5.11 Formulite does not warrant that your access to the Website or the material on the Website or the process of placing an Order will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
- ORDER PROCESSING AND PAYMENT
6.1 When you submit an Order you will receive an Order number and confirmation of the Order details via e-mail.
6.2 Formulite will process payment for your Order when, or shortly after, you place your Order. Your Order is deemed to be accepted by Formulite at the time that Formulite processes your payment, however Formulite may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Formulite cancels your Order having already processed payment, it will refund payment in accordance with Clause 12.
6.3 When Formulite accepts an Order such acceptance constitutes an agreement by Formulite to supply the Products to you in accordance with your Order subject to receiving payment from you and subject to these Terms of Sale.
6.4 You must pay for Products by credit card (Visa or Mastercard) or PayPal account. If the name on the credit card/account does not match the name on the Order, Formulite may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card you authorise Formulite to deduct the price and the applicable Delivery Fee from such card.
6.5 Formulite reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.6 Formulite may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Formulite reserves the right to cancel your Order and/or place your Order on hold and request and you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.7 Products that you have ordered will not be dispatched until your payment for the Products has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
- CANCELLATION OF ORDERS
7.1 Formulite reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Formulite may do this for example, but without limitation, where:
(a) an event beyond Formulite’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Formulite is unable to supply the Products within a reasonable time;
(b) Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(c) you ask Formulite to cancel your Order in accordance with Clause 5.7.
7.2 You may cancel your Order where Formulite:
(a) has breached a material term of this Agreement;
(b) notifies you that it is not able to ship your Order within 14 days of the date of the Order, other than where you are wholly or partly responsible for such delay, such as where you have failed to provide the correct delivery address or to pay for the Products.
7.3 Where Formulite cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
7.4 In the event of Formulite or you cancelling your Order after payment has been processed, Formulite will refund any money paid in respect of that Order. Refunds will be provided in accordance with the terms of Clause 12.
- AVAILABILITY OF PRODUCTS
8.1 Formulite cannot guarantee Product availability at all times. You acknowledge that, from time to time, certain Products may be out of stock or unavailable. Formulite will use reasonable efforts to update its website to indicate that a Product is unavailable. Formulite reserves the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice to you.
9.1 Formulite does not sell or deliver products to locations outside Australia.
9.2 Risk and title in Products passes to you on the date and time of delivery of the Products to the delivery address provided in your Order.
9.3 Products will only be delivered to street addresses within Australia. Formulite does not represent that it is able to deliver Products to all addresses within Australia and may cancel an order where delivery is not reasonably possible. Formulite does not deliver to PO Boxes.
9.4 Following dispatch of your Products, Formulite will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Products will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
9.6 If you require Products that you have ordered to be re-directed to an address which is not the original Order address Formulite may charge you a reasonable fee for doing this. Formulite is not able to amend the delivery address for an Order after it has shipped.
9.7 Orders to be delivered within the Melbourne metro area and to other Australian capital cities will be sent via courier. All other orders will be sent via Australia Post. Please allow 2-5 days from the date of dispatch for metro and capital city delivery and 3-7 days for regional areas. Remote deliveries are subject to local transport schedules and may take longer.
- DELAY IN AVAILABILITY OR DELIVERY OF PRODUCTS
10 You agree and acknowledge that:
(a) Formulite does not guarantee the delivery or availability of Products within the timeframes set out in Clause 9.7 above or otherwise specified by Formulite or any of its staff;
(b) events outside Formulite’s control may cause delays, or in some circumstances, prevent your Products from being delivered; and
(c) delays are particularly likely to occur around Christmas, Easter and public holidays.
You should check your Products as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty.
11.2 If your Products were damaged in transit or are otherwise defective, please contact Formulite at firstname.lastname@example.org within 7 days of delivery, providing information and evidence (including photographs) of the damage or defect. If Formulite deems (acting reasonably) that the Products are damaged or defective Formulite will request that you return the Products to Formulite and under such circumstances Formulite will agree to replace the damaged or defective Products, or issue you a refund, at your election. Refunds will be issued in accordance with Clause 12 below.
11.3 When returning Products please provide Formulite with your proof of purchase and the reason for the return.
11.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Products themselves.
12.1 Where Formulite is obliged to refund your payment pursuant to these Terms of Sale, Formulite aims to initiate your refund within 7 days. The time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
- FORMULITE’S LIABILITY TO YOU
13.1 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Formulite will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
- your use of the Website;
- the placing of an Order;
- the unavailability of any Product at any time;
- the cancellation of an Order for any reason; and
- any other matter arising out of or otherwise in connection with these Terms of Sale,
whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
13.2 To the full extent permitted at law, Formulite is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss of goodwill, loss of reputation, the cost of obtaining replacement or alternative Products, or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
- WEBSITE TERMS
16.1 Formulite reserves the right to amend these Terms of Sale at any time. Any amendment will take effect from the time that it appears on the Website. The Terms of Sale which apply at the time that you place your Order are the Terms of Sale which will apply to your Order.
16.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
16.3 These Terms of Sale are governed by the laws of Victoria, Australia.
Last updated: 27 October 2016
Last Updated: 29 September 2016