(a)   The NATURALATH website and online store, located at www.naturalath.com.au (Website), is owned, controlled and operated by the business NATURALATH (ABN 18 180 454 622), of Suite 99/Level 4, 80 Market Street, South Melbourne VIC 3205 (NATURALATH, we, our and/or us).

(b)    As a condition of using and/or purchasing from the Website, you agree to the following terms and conditions (Terms) and our Privacy Policy (see: Privacy Policy) (Privacy Policy) to be legally bound by same.

(c)     If you do not agree to the Terms and the Privacy Policy, you should immediately cease using the Website.

(d)    NATURALATH has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use and/or purchase from the Website you agree to be governed by the Terms as varied from time to time.

(e)    NATURALATH reserves the right (without providing any notice to you) to remove, block, edit or monitor any content uploaded by you to the Website and/or any NATURALATH social media accounts (User Content), in our absolute discretion. NATURALATH is also under no obligation to respond to any User Content.

(a)    By placing an order via the Website (Order), you are offering to purchase the products on, and subject to, the Terms. You agree that we have the right to accept or reject an Order for any reason at any time, and that all Orders are subject to availability of the products.

(b)    When placing an Order, you agree that it is your responsibility to provide accurate information to Us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you.

(c)     An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to your Order; verbal, written, graphic or otherwise. Any changes to the Order may only be made with our express approval.

(d)    To purchase products via the Website, you must possess a valid credit or debit card issued by a bank acceptable to Us. We use Shopify, a third party payment processor, to process all payments and do not collect or store any credit or debit card details provided by you when making purchases via the Website.

(e)    Product prices are specified on the Website. Unless otherwise stated, all prices are in Australian Dollars and inclusive of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) where applicable.

(f)     We reserve the right to change pricing at our discretion and without notice.

(g)    NATURALATH may offer sales and discount codes (Promotion/s) from time to time, and you agree that:

     (i)     Promotions apply to full priced items only;

     (ii)    only one discount code can be used in connection with an Order;

     (iii)   discount codes cannot be used in conjunction with any other offer;

     (iv)   discount codes are not transferable;

     (v)    discount codes must be used by the date specified (where applicable);

     (vi)   Promotions cannot apply retrospectively to previous Orders; and

     (vii)  NATURALATH may change or cancel any Promotion at any time and without notice within its sole discretion.

(h)    We currently only ship within Australia.  All purchases are posted via Australia Post and other suitable delivery partners as determined by us from time to time. You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs will be outlined at the checkout prior to payment.

(i)      Any period or date given by us for the shipping and/or delivery of an Order is intended as an estimate only and may be subject to change. We take no responsibility for any loss suffered by you where an Order is not delivered within the estimated time frame.

(j)      Title in the products comprising an Order/s is retained by us and will not pass to you until full payment in cleared funds is received by us.

(k)     To the fullest extent permitted by law, all risk of loss or damage to the product passes to you when the Order is delivered to you at your nominated delivery address.

(l)      It is your responsibility to inspect all products on delivery.  If required by our delivery agent, you must also note any damage on the delivery docket presented to you by the delivery agent for signature. If you believe that your Order has been lost or damaged in transit, please contact info@naturalath.com.au.  

(a)    Our goods come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.  Nothing in these Terms shall override your rights as a Consumer or otherwise at law.

(b)    Due to the nature of the products and subject always to clause 3(a), we do not accept returns due to ‘change of mind’ unless we expressly agree otherwise.

(c)     Subject to clause 3(a) and to the extent permitted by law, our liability to you for any Loss or Claim you may suffer in respect of any goods supplied to you via the Website, including in respect of any failure to comply with any Consumer Guarantees:

     (i)     if the goods have a minor problem: is that we will at its election, repair, replace or refund the goods; or

     (ii)     if the goods have a major problem: is that we will at your election, repair, replace or refund the goods.

(d)    If you believe any of the products purchased on or through the Website are faulty, defective or have a problem, please notify us immediately by email to info@naturalath.com.au (together with supporting images) so we can discuss and resolve the issue with you. We kindly request that you notify us of any fault or damage by email within 7 days of delivery.

(a)    We may assign you a username and/or password and account information in order for you to access and use certain areas of the Website or require you to establish your own account access using a username and password chosen by you (Login). Each time you use your Login, you will be deemed to be authorised to access and use the Website in accordance with the Terms.

(b)    It is your sole responsibility to protect the security and confidentiality of your Login and for all activities on the Website using the Login, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your Login.

(c)     You must immediately notify us of any unauthorised use of your Login or any other actual or threatened breach of the Website’s security that you may be aware of.

(a)    We are committed to the transparent management of your personal information.

(b)    So that we can fulfil your Order/s, we will need to collect certain personal information from you.

(c)     We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy.

By purchasing any products on our Website, you agree and acknowledge that the products:

(a)    are not intended for children or infants;

(b)    may not be suitable to your particular circumstances – you should make your own inquiries and seek relevant

independent advice before using our products, as well as acting on any information or material made available to you via the Website in relation to the Products or otherwise;

(c)     have a shelf life of up to 12 – 18 months and an expiry date of 6 months from opening; and

(d)    are not therapeutic goods requiring approval by the Therapeutic Goods Administration.

(a)    All material displayed on the Website is for informational purposes only and is not intended as health advice. You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or implementing any new healthcare regime.

(b)    Subject always to clause 3(a) and your rights under the Australian Consumer Law, to the fullest extent permitted by law,

     (i) your use of, and reliance on, this Website is entirely at your own risk;

     (ii) NATURALATH does not make any representations, warranties or guarantees in relation to the supply of goods via the Website; and

     (iii) NATURALATH hereby disclaims all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Website.

(c)     Subject always to clause 3(a) and your rights under the Australian Consumer Law, to the fullest extent permitted by law we are not liable to you for any kind of consequential loss arising out of or in connection with your use of the Website or any goods purchased via the Website. For the avoidance of doubt, ‘consequential loss’ means special, incidental, indirect or consequential damages, loss of revenue, anticipating savings, profits, goodwill, reputation, interest or business.

You agree to indemnify and hold NATURALATH (and its officers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you arising out of, due to, or in any way connected to your breach of the Terms.

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided thereon. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party websites, or that third party websites will be virus free.

(a)    ‘NATURALATH’ is a registered trade mark. Other product and brand or business names displayed on the Website may also be trade marks of their respective owners.

(b)    We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content). You may download, view, copy and print any Content for your personal, informational and non-commercial purposes only. All other uses are strictly prohibited and you must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of the Website or Content for any other purpose.

The Terms are governed by the laws of Victoria. You agree that the courts of Victoria or Federal Courts sitting in Victoria shall exclusively adjudicate over any dispute in relation to the Terms.

Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.

Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs.