Website Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Wellness web site located at www.Wellness.com.au, and all associated sites linked to www.Wellness.com.au by Wellness, its subsidiaries and affiliates, including Wellness sites around the world (collectively, the “Site”). The Site is the property of Wellness Pty Ltd. (“Wellness”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Wellness reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Wellness grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Wellness, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Wellness’s express prior written consent.

You may use information on Wellness products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Wellness for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Legal Capacity To Transact

If you are under the age eighteen (18) years, you cannot place orders with Wellness. By accepting these Terms and Conditions, you acknowledge that you are over the age of eighteen (18) years. Should Wellness suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.
Payment Methods And Processing

Wellness currently accepts Visa, MasterCard, American Express, EFT, Cheque, Money Order and Ezypay Payment plans. Payments are processed automatically on Order Confirmation during our checkout process. Where you elect to pay by EFT, Cheque, Money Order or EZYPAY Payment Plans, we must receive funds within 14 days of your order being placed otherwise the order will be cancelled. We make no guarantees to offer the same product or pricing once an order has been cancelled.

Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order. You may be required to provide further identification for additional security reference checks.

GST

All purchases made on this site include 10% GST in the price.

Prices

Unless otherwise stated the price of products shown excludes shipping costs. Shipping costs are shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.

Supply Of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment and a tracking number.

Delivery Of Your Products

If products are in stock, they will usually ship within 48 hours of order placement. Delivery often takes place within 1-2 days but can take up to 10 working days from the date your payment is received. Please note that Cheque and Money Order payments take 1-2 additional business days to process. In all instances estimated delivery times will be displayed at the check out for your Product. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays. Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.

Please visit the “Your Account” section on this website to view the delivery status of your Products. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery.

Coupons

Coupons can only be used towards the payment of Products on our website. Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon. Wellness will determine the content of Terms and Conditions governing Coupons in its absolute discretion.

Consumer Guarantees

Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au.

If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:

    reject the goods and receive a refund
    reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
    keep the goods and receive compensation for the drop in value caused by the problem.

If you think that a Product is defective, you should contact our Customer Service Help Centre and a Customer Service Representative will assist you. A photo may be requested to assist with the assessment of your claim. Where a Product is defective and needs to be replaced or repaired return shipping will be arranged at the expense of Wellness. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.

Additional Warranties

If you believe that a Wellness Product has a defect, you should contact us immediately.

We encourage the notification of claims under this warranty within 14 days by paying for the return of a Product where a claim is notified within that time and we determine that the Product is defective. Where claims are made more than 14 days after delivery, we will require details of the concern along with full details about the way the product has been used before authorising return of the product. Where a product is authorised for return Wellness will pay the cost of returning the product. If you are asked to return a product, follow the instructions given in Returning a Product below. Where a refund is given for a product and the claim is not covered by a consumer guarantee, it may be given as a Refund Credit to Your Account. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure. Replacement Products are covered by the same Wellness warranty as that applicable to the original product. They are also covered by consumer guarantees (see Consumer Guarantees above).

Your Data - Use And Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing and delivering your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Wellness Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Wellness Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.

Credit Card Fraud

While Wellness employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, Wellness will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Fraud Protection or Prevention Procedures

When you place your Order by either a Credit Card or PayPal, you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers licence for identification. After verification, this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within seven days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online fraud.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Wellness. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to enforce later such Term or Condition. Wellness reserves the right to change the Terms and Conditions of sale at any time. The Terms and Conditions applicable to you are those on our website at the time you order A product. No Wellness employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

To the extent permitted by law, Wellness is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Wellness, and Wellness shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.