(b) Part B: Terms of Sale
(c) Part C: General
1. Eligibility to use Website
This Website is intended for users who are at least 18 years of age and are residing in and using this site within Australia.
Pact Group makes no representations that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
2. Copyright in Website material
This Website (including its content, images and software) is subject to copyright. The copyright is owned by Pact Group, or in the case of some material, a third party. You may view this Website using your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use. You may draw the attention of others to content posted on this Website. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
Any other use, including the reproduction, modification, distribution, transmission, republication or display of any part of this Website is strictly prohibited without the prior written consent of Pact Group.
3. Trade marks
All trade marks, trade names, service marks and other product and service names and logos ("Marks") displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of Pact Group or third parties.
Nothing contained in this Website should be construed as giving you any right in or license to use any Mark of Pact Group or a third party which is displayed on this Website without their express permission.
If you use any Mark of Pact Group to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our Marks: (a) in or as the whole or part of your own Marks; (b) in connection with activities, goods or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including this Website).
4. Third party sites
This Website may contain links to other websites operated by third parties. These links are provided for convenience only and may not remain current or be maintained. Pact Group does not take any responsibility for the content or functionality of third party websites. You access those sites solely at your own risk. When using these third party websites, you will be bound by the terms and conditions posted on these other websites.
Unless otherwise expressly stated: (a) Pact Group has no relationship with the owners or operators of the third party websites or control over or rights in those websites; and (b) links to third party websites should not be construed as a recommendation, endorsement or approval by Pact Group, or preference by us of the owners or operators of the websites, or for any information, goods or services referred to on those other websites.
5. Direct Electronic Messages
You acknowledge that access to this Website is at your own risk, and to the extent permitted by law:
(a) The information contained in this Website is provided by us in good faith on an "as is" basis. The information is believed to be accurate and current at the date the information was placed on this Website. From time to time we may change the information on the Website without notice. However, we do not undertake to keep this Website updated. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error free. To the extent permitted by law, all representations, warranties and other terms are excluded.
(b) Pact Group will in no way be liable to you or anyone else for any losses, damages, liabilities, claims and expenses, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or third party websites which are linked from this Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or loss of data or information.
7. User Generated Content
All UGC must be your own work (or licensed to you) and must not infringe any intellectual property or other rights of a third party. You acknowledge that you are responsible for any UGC you submit or contribute, including its legality, reliability, accuracy and appropriateness.
You grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable licence to use, publish, modify and reproduce your UGC in any manner determined by us, in any form now or in the future. Pact Group may edit, use, vary, display, modify, reproduce, distribute, disclose or create derivative works from your UGC at its discretion. You agree that your UGC may be used by us in our marketing, together with your name and other identifying information provided to us. You acknowledge and agree that we are not required to pay or compensate you for use of your UGC.
You acknowledge that your UGC must not be for a Prohibited Use (see below). Pact Group may remove, refuse to use, or take other action with respect to any UGC that is not consistent with this requirement, or for any other reason at its sole discretion.
8. Prohibited Uses
We recommend that you use virus protection software when using our Website (or any linked website) and that you take precautions to ensure that the process that you employ for accessing this Website is secure and does not expose you to interference which may damage your computer system. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked third party Website.
We may log IP addresses to analyse trends, administer the Website, track users' movements, and gather broad demographic information
13. Changes to the Website and your access
Pact Group reserves the right to vary or discontinue the Website or any page of the Website, or terminate your access to part or all of the Website, at any time without notice. You acknowledge that this Website may be inaccessible from time to time due to issues beyond our control or maintenance.
PART B: TERMS OF SALE
1. Application of terms of sale
All purchases of products from the online store made available on this Website (“online store”) will be governed by the following terms of sale, including any other terms and conditions which may be notified to you at the time of placing your order, for example, promotional terms and conditions.
You do not need to register an account to access and use this Website. However, this Website may enable you to create an account. We reserve the right to refuse or cancel registration of an account for any reason in our sole discretion.
If you create an account you are responsible for: (a) maintaining the confidentiality of your username and password; (b) restricting access to your password and account; and (c) all activities and each purchase that occurs under your account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use, of your account. It is your sole responsibility to notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
The use of any automated software or any other mechanical or electronic means allowing users to create accounts is prohibited.
3. Product Information
We have provided details such as ingredients, active ingredients, usage instructions and warnings, in respect of each product on the online store. Please read these details carefully, and ensure that the products you purchase are suitable for the intended use.
If you decant any product into another container (including any empty bottles supplied by us), you are responsible for following the usage instructions and warnings. You must also ensure that the usage instructions and warnings, along with any other relevant information on the product label, are made available by you to any user of the decanted product.
4. Placing orders
To be able to buy products you must: (a) provide your name and address, phone number, email address, payment details and other required information; (b) provide a delivery address within Australia; and (c) be aged 18 years or over.
You may place an order by clicking on the [‘ADD TO CART’] button and proceeding to the checkout page.
We may from time to time impose quantity restrictions or limits on the products you can order. Any quantity or total value restrictions will be stated on the online store or communicated to you at the time of placing your order or otherwise communicated to you.
We use reasonable efforts to ensure the availability of products you order from the online store but at times, products may be out of stock or not available for reasons beyond our control.
Once you have submitted and confirmed your order using the online store, we will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered products (order receipt confirmation email).
6. Acceptance and cancellation of orders by us
We may reject all or part of an order at our sole discretion for any reason including (but not limited to) due to unavailability of products, errors in the description or price of products, errors in your order or where we suspect your transaction is fraudulent or unauthorised.
If we reject all or part of an order for any reason, we will refund any money paid for that order or part of the order.
If, after receiving your order, we are unable to fulfil that order, we will contact you in relation to the order.
We will email you to confirm when your order has been accepted and dispatched (shipment confirmation).
7. Prices, Shipping and Handling, Charges and Taxes
All prices displayed on this Website are inclusive of GST, but do not include charges for shipping and handling (which are quoted separately during check out).
The price charged for a product will be the price in effect at the time your order is placed and will be set out in the order receipt confirmation email and in your shipping confirmation. If you place additional or separate orders after receiving the order receipt confirmation these will be separate transactions and you will incur additional shipping and handling charges for such additional orders.
Separate charges for shipping, handling and their related GST or other taxes will be shown in your order receipt confirmation email and can be viewed on a summary screen during the checkout process, prior to finalising your order.
Prices for products and for shipping and handling are subject to change at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a shipping confirmation.
8. Promotional codes
From time to time promotional codes may be offered. To redeem a promotional code, the code should be entered during check out when prompted. A maximum of one promotional code will be permitted per transaction.
Promotional codes cannot be used in conjunction with any other offer. Promotional codes cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Shipping charges are excluded from the calculation of % off discount promotional codes, unless the code expressly relates to shipping.
9. Value bundles
We may offer bulk purchase discounts or bundle discounts. The applicable discount is as stated on the Website, and applies to the bulk purchase and/or bundle only. The discount will not be applied to the same products purchased individually.
Payment must be made at the time of ordering by one of the payment methods we accept on the online store. You warrant at the time of placing your order that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with your order; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third party payment processors for the purposes of facilitating the completion of your order.
If we do not receive confirmation that the payment has been processed, we will cancel your order.
If your payment cannot be processed you will be notified of this on the online store. You will then need to contact the payment provider to resolve the issue directly.
Where the products are listed as available, we will use best endeavours to despatch your order from our warehouse within two business days after receipt of your order. Where the products are on back order, we will use best endeavours to despatch your order within two business days of the product arriving in our warehouse.
We use third party shipping providers. Standard deliveries times are 1-3 business days following despatch, however may be subject to change based on demand and other circumstances beyond our control.
If we cannot deliver your order within the period specified in your shipping confirmation then we (or our shipping service provider) will endeavour to contact you.
If you unreasonably defer or delay delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
12. Events outside of our control
We will not be responsible for delay or failure to perform if the delay or failure is caused by any act, event, omission, accident or circumstance beyond our reasonable control including but not limited to: civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; cyber-attack, strikes or lock-outs (or other industrial action); national or local states of emergency; failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, pandemic, epidemic or other natural disaster; global shortages, unavailability of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance of our obligations to you will be suspended for the period that the above continues.
13. Title & Risk
Title to the products passes from Pact Group to you when we have received payment in full for the products. All risk in the products passes to you upon delivery.
14. Product Warranties, Returns & Liability
In addition to any conditions, guarantees or warranties expressly set out in these Terms of Sale or the online store, our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products are not of acceptable quality and the failure does not amount to a major failure.
All other warranties and representations in relation to our products are excluded, except those which are non-excludable in law (such as the Australian Consumer Law).
If you believe a product you have ordered is defective or damaged, please contact firstname.lastname@example.org. Please do not dispose of the product, as we may request that you return it to us.
We also offer a 30 day trial period for the products. If during that trial period you are unsatisfied with a product for any reason, please contact email@example.com to arrange to return the product for a full refund.
We will provide instructions for the return of the product. Once we have received and validated your returned product, we will send you an email to confirm the validation. Your return will then be processed by us and confirmed to you by email. In relation to defective or damaged product, we will notify you whether the product will be replaced or refunded.
Any refund will be processed within 21 business days.
Except as set out above, you do not have the right to cancel any order, or return products due to change of mind.
(c) Liability, Exclusions and Limitations
If Pact Group breaches any term or condition and our liability cannot be lawfully excluded but can be lawfully limited, then to the extent permitted by law and without excluding, restricting, modifying or limiting your rights and remedies under the Australian Consumer Law, our liability for such breach is limited at our election to either: (a) resupplying the products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those products.
To the fullest extent permitted by law and except to the extent (if any) provided in these Terms of Sale or if we are liable to you for loss under applicable provisions for the Australian Consumer Law, we have no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use of this Website, the online store or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Terms of Sale.
Without prejudice to our termination or other rights under any other provision of these terms or applicable law, we may at any time prior to delivering the products to you, immediately terminate the contract for the supply of products to you if: (a) in our reasonable opinion you breach these terms of sale and the breach is not capable of being remedied; or (b) you breach these Terms of Sale, the breach is capable of being remedied, and you fail to remedy the breach after we have given you 7 days to remedy the breach; (c) we become aware after order confirmation that the product is out of stock; or (d) there has been a genuine pricing or product description error by us.
If we terminate pursuant to this clause, we will refund any money already received for that order.
PART C: GENERAL
1. Governing law
3. Transfer or assignment
These terms are binding on you and Pact Group and on any person to whom Pact Group might transfer its rights. You must not transfer, assign, charge or otherwise deal with a contract with Pact Group, or any of your rights or obligations arising under it, without our prior written consent. Pact Group may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of Pact Group rights or obligations arising under it, at any time.
4. Entire agreement
These Terms and any document expressly referred to in them represents the entire agreement between Pact Group and you and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
5. Severance of clauses
A failure or delay in exercising any right, power or remedy does not operate as a waiver.
A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation”.