TERMS AND CONDITIONS

TERMS AND CONDITIONS

1.  DEFINITIONS

In these terms:

Goods means any goods provided by NutraCare to you

Nutracare Australia Pty Ltd ABN 85 624 815 587, trading as Nutracare and its officers, employees and agents.

You means the person(s) purchasing Goods from Nutracare which these conditions accompany.

2.  ORDERS

2.1 You may place orders for Goods on-line at www.nutracarelife.com.au

2.2 Orders are subject to availability of stock and min/max quantities as NutraCare decides from time to time.

2.3 Orders placed via NutraCare’s Online Store will be honoured with products with an expiry date of at least six months, unless otherwise stated in the product description. It is recommended that you read the product description for goods placed on promotion, or advertised at a special rate, closely to avoid disappointment.

2.4 It is a violation of the law to place orders under a false name or with a fraudulently obtained credit card.

2.6 NutraCare reserves the right to refuse orders whether in whole or in part in its absolute discretion.

3. RETURNS & EXCHANGES

3.1 You must verify the quantity and quality of the goods upon delivery and if any of the Goods are faulty or not in accordance with your order, you should notify NutraCare within 7 days of receipt.  Otherwise you will waive any right to reject them.

3.2 Rejected goods must be returned together with the invoice within 14 days to:

PRODUCT RETURNS – NUTRACARE PPRODUCT RETURNS

C/O Dixon Holliers

Unit 2

80-96 South Park Drive

Dandenong South, VICTORIA, 3175

3.3 Refunds may be held in credit against your account for future purchases if requested.

3.4 You may request a refund cheque or credit for the amount owing at any time by contacting NutraCare Online Store.

3.5 If NutraCare owe you an amount that is $5.00 or less in total we will hold this amount as a credit owing to you and will deduct it from the total invoice due on your next order.

4.  DELIVERY AND RECEIPT

4.1 NutraCare will provide the goods to the Australian address specified in your order, including PO Box addresses.

4.2 NutraCare will endeavour to provide the Goods in a timely manner to the address specified in your order. However NutraCare will not be liable for:

Any failure to deliver or delay in delivery for any reason; or

Any damage or loss due to unloading or packaging; or

Damage to property caused upon entering premises to deliver the Goods.

Any costs incurred by NutraCare due to any failure by you to accept the Goods at the time of delivery must be reimbursed by you to NutraCare.

4.3 Any person at the designated delivery address who receives the goods will be presumed to be authorised to receive the goods.

4.4 If you wish to have the goods provided by means other than NutraCare usual means, you will need to make all necessary arrangements and pay all costs involved.

4.5 For Australian domestic consignments, invoices for Goods will include a freight charge of $5 for 1 tin of NutraCare formula, $3 for two tins and $2 for 3 tins of formula. Where the goods value is 4 or more tins of formula no freight and delivery fee will be charged.

4.6 NutraCare reserves the right to invoice you for additional freight and delivery charges where the costs of shipping exceed the amount invoiced to you.

4.7 Domestic orders are shipped via Australia Post’s eParcel delivery system. Australia Post’s eParcel system will only make 1 attempt to deliver the parcel(s). If no one is available to sign for the parcel, a card will be left at the delivery address. The parcel(s) will be taken to a stated Post Office or Mail Centre for collection. Identification and/or signature may be required upon collection.

4.9 If an incorrect delivery address is provided or a parcel is returned to us as undeliverable, an extra postage fee will apply to send it again

5. PAYMENT AND GST

5.1 NutraCare may change the price of the Goods from time to time without notice to you.

5.2 You must pay the price of the Goods current at the time of payment or the time of dispatch of the Goods, whichever is the earlier.

5.3 Invoices are payable before receipt of Goods. Time is of the essence in relation to all payments of money to NutraCare under this agreement.

5.4 Where applicable, GST is included in the advertised price of our products and in the calculated postage costs in accordance with the relevant legislation, A New Tax System (Goods and Services Tax) Act 1999.  You must pay NutraCare any GST payable for the provision of the Goods.

6. TITLE AND RISK

6.1 Title in goods passes to you on payment in full for them.

6.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 4.5, in which case risk passes when the Goods leave NutraCare’s premises.

7. EXCLUSIONS AND LIMITATIONS

7.1 To the extent permitted by law, NutraCare’s only liability is as expressly stated in the above terms, and all other guarantees, warranties and conditions are excluded.

7.2 To the extent permitted by law, NutraCare’s liability under these terms and as a result of a consumer guarantee implied under the Australian Consumer Law or any other warranty or condition implied by legislation, is limited to supplying the Goods again or paying the cost of having them supplied again.

7.3 To the extent permitted by law, NutraCare will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.

8. INDEMNITY

8.1 You indemnify NutraCare and must keep NutraCare indemnified against all damages, losses, costs, and expenses suffered by NutraCare arising out of any breach by you of this agreement or arising out of your use, possession or sale of the Goods or the use, possession or sale of the Goods by someone with your authority or permission.

9. GENERAL

9.1 These terms and any invoice referencing these conditions govern the provision of goods and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements, and agreements in relation to their subject matter.

9.2 These terms may be varied by NutraCare at any time by notice to you or by means of a notice on the Australian pages of the website www.bellamysorganic.com.au

9.3 Clerical errors are subject to correction without notice.

9.4 NutraCare may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of NutraCare’s obligations under this agreement.

9.5 You must pay NutraCare all costs and expenses incurred by NutraCare in connection with these terms including legal expenses, and costs incurred in the recovery of monies owing by you to NutraCare or in otherwise enforcing NutraCare’s rights against you under this agreement.

9.6 Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside of reasonable control.  If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended.  If such a suspension exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.

9.7 These terms are governed by and must be construed in accordance with the laws of Victoria.