TERMS & CONDITIONS
The below Terms and Conditions apply to the use of this Website. By using any functional component of this Website, The Customer (you) agrees to be bound to a contract between You and Supplement Mart. If You do not accept these Terms and Conditions, you must refrain from using this Website. Supplement Mart, and specifically, this Website, is a business of Muscle Worx Pty Ltd ABN 80 141 422 415 – Unit 11, 76-78 Belmont Ave, Rivervale WA 6103, and for the purposes of these Terms and Conditions is termed Supplement Mart or Supplement Mart Online.
These Terms and Conditions apply to all aspects of a transaction processed through Supplement Mart Online; ordering, purchase, fulfilment and delivery of goods from www.supplementmart.com.au and supersede any subsequent terms or conditions included with any purchase order. Supplement Mart reserves the right to make changes to this site, including these Terms and Conditions at any time.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre via the following link (Contact Us ) and a representative will be happy to assist you.
- Compliance with Terms and Conditions
- No Warranty; Disclaimer
- Limitation of Liability
- Placing Orders for Goods
- Availability of Goods
- Your Usage of Site; Termination of Usage
- Usage by Minors
- Sever-ability; Interpretation
- Entire Agreement; Amendments
- Privacy and Child Protection
- Price and Payment
- Restricted Goods
- Risk and title
- Order cancellations and returns
- Product Recalls
- Promotions and Discounts
- Warranties you make to Supplement Mart
- Supplement Marts liability to you
- Linked Websites
- The following definitions apply to these Terms and Conditions
⇒ Business Days means a weekday in which trading banks are open for the transaction of banking business in Australia.
⇒ Delivery Address means the address to which the goods purchased are to be delivered as stated on the electronic order form on www.supplementmart.com.au
⇒ Delivery Agent means any nominated third-party delivery or shipping company as chosen by Supplement Mart.
⇒ Delivery Fee (or ‘Shipping Fee’) means the fees charged by the Delivery Agent of Supplement Mart for the delivery of Goods. Supplement Mart reserves the right to amend Delivery Fees, at its discretion, as necessary.
⇒ Goods means the items offered for sale, described or displayed on the Website.
⇒ GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth), including amendments up to Act No. 77, 2017.
⇒ Law means any Australian Federal or State written rule or collection of rules, including, but not limited to any statute, regulation, rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
⇒ Order means a request by you to purchase Goods from Supplement Mart in accordance with these Terms and Conditions.
⇒ Personal Information has the meaning as defined under the Privacy Act 1988 (Cth), including amendments up to Act No. 77, 2017.
⇒ Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
⇒ Terms and Conditions means these terms and conditions, as amended from time to time.
⇒ Website means www.supplementmart.com.au.
⇒ Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.
⇒ We or Us or Our or Supplement Mart means Muscle Worx Pty Ltd (ABN 80 141 422 415).
You or Your means you as the purchaser of Goods from Supplement Mart pursuant to these Terms and Conditions.
- 1. Compliance with Terms and Conditions
- 1.1 You agree to be bound exactly by these Terms and Conditions when you submit an Order through this Website
1.2 Each Order you place will be a separate and binding agreement between you and Supplement Mart with respect to the supply of Goods, in accordance with these Terms and Conditions
- 2. No Warranty; Disclaimer
- 2.1 Supplement Mart is providing this Website and its contents on an "as is" basis. Supplement Mart and its Officers, Directors, Employees, Agents, Licensors, Suppliers, Content Providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including, without limitation, the products, information or services offered or sold on or through this Website or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this Website. Supplement Mart and its affiliates expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Supplement Mart and its affiliates do not warrant that this Website or files available on the Website will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Supplement Mart or its affiliates will create any warranty not expressly set forth herein. Your use of this Website and any linked site is at Your sole risk.
2.2 The products, information, services, information and advice on live chat and other content provided on and through this site, including, without limitation to, any products, information, e-mails, facsimiles, services and other content provided on any linked site, are provided for informational purposes only, to supplement any discussions You might have with a healthcare professional, in relation to sports nutrition, supplements, health and functional foods, not limited to those purchased through this Website. The information provided on this site and linked sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form, and is not to be mistaken for formal, professional healthcare advice. It is not intended as a substitute for advice from your physician or other healthcare professional, or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this Website, including, without limitation, any products, information or services provided on any linked site, you should speak with a healthcare professional.
2.3 Information on this Website cannot and should not be used to diagnosis or treat any health problem, or for prescription of any medication or other treatment. Always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem.
2.4 Unless otherwise indicated on this Website, Supplement Mart does not endorse or recommend any product or service offered, advertised or sold on or through the Website, including, without limitation any product or service offered, advertised or sold on or through any linked site. Supplement Mart is not responsible for any product or service sold on or through this Website or any claims of quality or performance made on or through this Website, including any claims of quality or performance made on or through any linked site. You are advised that other sites on the Internet, including, without limitation, linked sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libellous, infringing of others' rights or otherwise unlawful. Supplement Mart expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any linked site(s).
2.5 Price and availability information on this site is subject to change without notice. Supplement Mart reserves the right to make alterations to products, including, without limitation their prices and availability, without notice.
- 3. Limitation of Liability
- 3.1 Supplement Mart and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of, or inability to use this Website, including, without limitation, any liability;
(i) as a publisher of information
(ii) as a reseller of any products or services
(iii) for any defective products
(iv) for any incorrect or inaccurate information
(v) for any unauthorized access to or disclosure of your transmissions or data
(vi) for statements or conduct of any third party on the Website, or
(vii) for any other matter relating to this Website or any linked site.
This is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitation, any direct, indirect, special, incidental or consequential damages (including, without limitation, damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including, without limitation, negligence), product liability or otherwise, even if the You or the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Supplement Mart and You, or the user. The products, information and services offered on and through this Website would not be provided without such limitations. Because the laws of some Australian States may not allow for the exclusion of certain damages, in such States liability is limited to the fullest extent permitted by law.
3.2 Notwithstanding the foregoing, the sole and entire maximum liability of Supplement Mart and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Supplement Mart on this Website.
3.4 You agree to indemnify, defend and hold harmless Supplement Mart and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including, without limitation, any reasonable solicitors fees, resulting or arising from or relating to Your use of products purchased on, and/or received directly from, this Website which contain substances not compliant with Australian Anti-Doping Agency (ASADA), World Anti-Doping Agency (WADA) or any other agencies and/or governing bodies related to a sport, workplace, profession or association.
3.5 All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.
- 4. Placing Orders for Goods
- 4.1 You may place an Order through the Website by proceeding to infill and submit the electronic Order form on the Website.
4.2 An Order submitted by You on the Website in the manner described on the Website is an offer, by You, to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time You submit Your Order.
4.3 You acknowledge that all Orders placed through the Website are with respect to the Good or Goods as intended for personal and domestic, non-commercial use only, and quantity restrictions may apply as set out on the Website from time to time.
4.4 In completing the electronic Order form, You agree to provide complete and accurate information as to Your personal details (or those of Your nominated recipient for Goods as a gift) to enable the processing and delivery of Your Order. This information will also be used by the Delivery Agent to fulfil your Order. Supplement Mart will not be liable to You for Your loss, or that of any third party, for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order completed by You, or by someone on Your behalf. You also agree to obtain consent to provide Supplement Mart any personal details for nominated recipients of Goods as a gift.
4.5 You may Order from Supplement Mart if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
4.6 Supplement Mart reserves the right to accept or reject Your Order for any reason at any time. Supplement Mart reserves the right to screen Your Order, including its payment details, using anti-fraud software, and reserves the right to contact You using Your provided, active telephone number and/or active e-mail account details in order to complete an identification check, including, but not limited to instances in which its anti-fraud software flags the potential for an illegitimate purchase Order attempt. Supplement Mart reserves the right to refuse the processing, payment and fulfillment of any Order on the basis of, but not limited to, its anti-fraud screening protocol.
4.7 When Supplement Mart accepts an Order, it represents an agreement by Supplement Mart to supply You the Goods in accordance with the Order and these Terms and Conditions, except instances wherein clause 4.6 applies.
4.8 In the event an Order is rejected, a Supplement Mart representative (or representatives) will contact You through either (or both) of the provided, active telephone number and/or active e-mail account to advise of such, within five (5) business days of placement of the Order. Supplement Mart will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.9 Where Supplement Mart reject an Order and Your payment for the Goods has already been processed, Supplement Mart will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of Your refund will depend on the period of time it takes your financial institution to finalise that refund. Supplement Mart is not liable with respect to any loss, damage, cost, expense or injury You or any third party incur as a result of any delay in processing Your refund.
4.10 If we are unable to contact you in relation to your Order, under these Terms and Conditions, using the contact details you provided during the Order process and after having made reasonable attempts to contact you, we will reject the Order and notify you of that rejection via phone or email within five (5) Business Days after placement of the Order. Supplement Mart will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.11 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made. You must check and review your shopping cart carefully to ensure the Goods being purchased are featured exactly as you selected, and are your conscious, active choice, prior to submitting your Order with us. For terms regarding cancellations or returns of Orders, see the separate "Shipping & Returns " link, featured on our website, outside of these Terms and Conditions.
4.12 You will be provided with an automatic Order number upon submission of your Order to the Website, immediately following the Order placement screen. This Order number will also be e-mailed to the address stipulated by you. Please note, the Order number is required when contacting our Customer Service Team for any reason related or in regards to your Order.
4.13 Your receipt of an electronic or other form of Order confirmation does not signify our absolute acceptance of your Order, nor does it constitute confirmation of our offer to sell. Supplement Mart reserves the right at any time after receipt of your Order to accept, refuse or decline your Order for any reason, or without giving a reason. Our Customer Service Policy means that we will communicate any outcome to you at first opportunity and without hesitation.
4.14 All Orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. To ensure your online safety we may require additional verifications or information before accepting any order. If this does occur, please see it as an indication of our commitment to serve you in the best, safest manner possible.
4.15 You, as the purchaser, are responsible for inspecting ordered items for fault and notifying Supplement Mart within three (3) Business Days of receiving the Good/s should there be an alleged fault.
- 5. Availability of Goods
- 5.1 You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order/s. If this occurs, Supplement Mart will use reasonable endeavours to either source the Goods or contact you within five (5) Business Days to either arrange a full or the appropriate partial refund, or change your Order to replace the Good/s with a comparable product/s in a similar price range (where available) as agreed with by you, or come to a suitable alternative arrangement. Supplement Mart reserves the right to determine the deemed ‘suitability’ of this alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the price paid for the unfulfillable Good/s. Supplement Mart will always reasonably endeavour to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise that refund. Supplement Mart is not liable with respect to any loss(es) you or a third party might suffer as a result of delay in processing your refund.
5.2 We reserve the right to withdraw or suspend any Good/s displayed on the Website from sale either temporarily or permanently at any time without notice to you. Subject to clause 5.3, Supplement Mart will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability, with respect to a particular Good.
5.3 Where a Good, which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that Good within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise that refund. Supplement Mart is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.4 Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 3. If applicable, Supplement Mart will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy.
5.5 You acknowledge and agree that:
(i) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
(ii) you have read any corresponding written description of the Goods prior to submitting your Order;
(iii) colour of Goods shown on the Website may vary slightly in shade in real life;
(iv) where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size and specifications of each item is suitable for your purpose, prior to submitting your Order - including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access; and
(v) any accessory featured with the Goods is for illustration purposes only, and may or may not be sold separately.
- 6. Your Usage of Site; Termination of Usage
- 6.1 You agree to maintain the security of your own account on this Website, including the security of your password and other confidential information relating to the use of the Website and your account on the Website. You agree to be responsible for all charges resulting from the use of your account on the Website, including any and all potential charges resulting from unauthorised use of your account prior to you taking steps to prevent such occurrence by changing your password and notifying Supplement Mart.
- 6.2 You agree to use this Website only for lawful purposes, and that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or impedes any other user’s use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the Website or material thereon.
- 6.3 You further agree that you will not access by any means, except through the interface provided by Supplement Mart, access to the Website. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not Supplement Mart and its affiliates, are responsible for compliance with applicable local laws.
- 6.4 You agree that Supplement Mart may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Supplement Mart, in its sole discretion, believes is in violation of these Terms and Conditions or any applicable law or is harmful to the interests of another user, Supplement Mart or its affiliates.
- 7. Usage by Minors
- 7.1 Because of the nature of the World Wide Web, Supplement Mart cannot prohibit nor be deemed responsible for minors visiting this Website. Supplement Mart must rely on parents, legal guardians and those responsible for supervising their children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. Supplement Mart requires that:
(i) all purchases on the site be made by adults 18 years of age or older; and
(ii) all users who provide personal information to Supplement Mart be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental consent as further set forth in our Privacy and Child Protection Policy.
- 8. Sever-ability; Interpretation
- 8.1 If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."
- 9. Entire Agreement; Amendments
- 9.1 This agreement constitutes the entire and only agreement between Supplement Mart and each user of this Website with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this Website and your use of this Website shall be deemed acceptance of, and assent to this agreement by you. Supplement Mart may, in its sole discretion, amend this Terms and Conditions agreement from time to time.
- 10. Miscellaneous
- 10.1 The failure of Supplement Mart or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Website or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of Supplement Mart and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- 11. Privacy and Child Protection
11.2 General Information - When you use the Website, some basic general information is collected. This information is used to improve the Website and make your use of the Website as enjoyable and efficient as possible. This general information is used internally in connection with Supplement Mart business practices, including Supplement Mart personal, marketing and advertising efforts.
11.3 Personal Information - When you set up an account on the Website or purchase a Good/s from the Website – with or without an account – we collect personal information (which you provide) that may include your:
(i) first and last name
(ii) billing address
(iii) shipping address
(iv) other shipping addresses
(v) email address(es)
(vi) telephone number(s)
(vii) credit card number and other credit card related information
(viii) items purchased from us; and
(ix) browsing, buying and selling patterns (collectively, "Personal Information").
11.5 Collecting Information From Children Younger than 18 Supplement Mart does not knowingly collect nor use any Personal Information from children younger than 18 years of age without obtaining verifiable parental or legal guardian consent.
11.6 Credit Card Security - No data transmission over the internet can be guaranteed as totally secure, however, Supplement Mart takes reasonable steps to upkeep best security for your personal details, including your credit card details. Additionally, you can take steps including, but not limited to, the below, which will lower the chances of interception of your credit card number:
(i) Limit your online shopping to Internet merchants, such as Supplement Mart, whom have websites equipped with Secure Sockets Layer (SSL) technology. SSL prevents unauthorised persons from intercepting your data.
(ii) Use a browser, such as Google Chrome, Safari or Internet Explorer, which supports SSL. These browsers show a symbol in the status bar, such as a key or lock, when you are on a site that uses SSL.
(iii) Most banks will cover the cost of fraud resulting from unauthorised use of your credit card or may limit your liability.
Credit card information collected by Supplement Mart is encrypted through Secure Sockets Layer before it is transmitted over the Internet. Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmitted information, we will take reasonable steps to preserve the security of the transmitted information.
- 12. Price and Payment
- 12.1 The Price in respect of a Good is specified on the Website. Pricing featured on the Website solely applies to a Good for purchase on the Website. Any Supplement Mart store may or may not have the same sale price for that Good.
12.2 Supplement Mart reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submit an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure herein applies).
12.3 In respect of any Order, we will charge you and you agree to pay:
(i) the Price (which is the Price at the time the Order is submitted); and
(ii) subject to necessity per conditions at the time, the Delivery Fee.
12.4 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but will not be limited to Credit Card, Pay Pal, Afterpay. When paying by credit card, you authorise Supplement Mart to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
12.5 Layby is not available for purchases made on the Website.
12.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Supplement Mart before Goods, which are the subject of an Order, are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website and/or via email. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
12.7 In paying or attempting to pay for the Good/s, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
12.8 You will receive a tax Invoice by email once payment in respect of your Order has been processed.
12.9 Where an Order is ‘split sent’, you may see two separate transactions on your payment statement.
- 13. Delivery
- 13.1 Supplement Mart uses third party Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Good/s.
13.2 The delivery dates and times provided by Supplement Mart are estimates only. We aim to have all orders dispatched by the same or next day, however we are not responsible for delays that may be incurred by any courier service we use. In the event that multiple items are ordered, part deliveries may be necessary, where stock is not available. Our customer service representatives will take all reasonable steps to contact you on the details provided, in order to advise you on particulars related to a delivery which might not adhere to standard practices. To ensure prompt delivery, please make sure you enter the correct delivery address, and if you (or someone else you choose to entrust with you Good/s – see clause 13.7) think you may not be home at the time of delivery it may be preferable to use your workplace instead of your home address for delivering purposes. Website Orders cannot be delivered to a Supplement Mart store for pickup. Supplement Mart cannot be held responsible for incorrectly entered delivery addresses, nor can Supplement Mart be held responsible for ‘failed’ delivery attempt(s) without the recipient’s authority provided for an alternative option to delivery.
13.3 Standard delivery estimates for Goods Ordered through The Website:
(i) WA & SA: 1-3 Business Days (pending remoteness from Metropolitan region)
(ii) ACT, NSW, VIC & QLD: 3-6 Business Days (pending remoteness from Metropolitan region)
(iii) NT & TAS: 5-8 Business Days (pending remoteness from Metropolitan region)
We cannot guarantee that Orders that may be split will be delivered on the same day, particularly if the reason for ‘split sending’ relates to sourcing a product, prior to dispatch. A Supplement Mart Customer Service representative will be in contact with you, via one of your specified contact means (email or telephone) if there is to be a pre-empted, known reason for a due delay in delivery times. Note, that Public Holidays, irrespective of selective States only, may impact upon delivery times, and dispatch will not occur on any WA and/or SA State holiday.
13.4 If you have a query on delivery estimates, or postage options/information (such a requesting Express Postage), please call us on BEFORE you place your Order, well before checkout. From time to time, Supplement Mart may not be able to achieve the delivery time frames in clause 13.3. You acknowledge and agree that notwithstanding anything else in this clause:(i) Supplement Mart cannot guarantee that delivery will occur in the delivery time frames specified in clause 13.3; (ii) delivery time frames may change from time to time due to unforeseen circumstances; and (iii) Supplement Mart is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
13.5 Standard Delivery is FREE when you spend over $99.00. Otherwise (for Orders of $99.01 and above) a flat rate of $9.95 applies for any other order within Australia. In cases whereby a ‘special requirement’ is necessary (per our Delivery Agents’ notice), additional delivery feeds may be incurred. Free Standard Delivery offer is subject to change at any time without prior notification to you. However, all Orders processed during a free delivery offer period will be processed in accordance with the offer.
13.6 A Supplement Mart Customer Service representative will be in contact with you, via one of your specified contact means (email or telephone) if there is to be a pre-empted, known change to the Delivery Fee for your Order/s, and if you do not wish to continue with your Order, you may amend or cancel your Order. In the case whereby you wish to amend (with respect to down-sizing of an Order, only) or cancel your order, Supplement Mart will refund the monies paid to us exactly as at the time of sale for the product/s concerned, in respect of your Order and make reasonable endeavors to process a refund of any money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Supplement Mart is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
13.7 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that Supplement Mart and any of its Delivery Agents will be entitled to rely on that representative's instructions as if they were your own. On delivery, the Delivery Agent may require you or your nominated representative to provide them with proof of identity, such as photo identification or proof of age. Supplement Mart may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age. Where delivery cannot take place due to insufficient identification, a failed delivery/calling card may be left for you to collect the Goods from a local Australia Post office, or the goods may be returned to us in which case you will be required to contact Supplement Mart to arrange redelivery at your expense. It is your responsibility to follow the instructions stated on the failed delivery/calling card, in order to retrieve your Good/s. You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where re-delivery attempt is then required because of refusal to accept delivery, you may be required to pay any associated fees for a re-delivery.
Alternatively, you may provide authority to leave your order on the premises, outside of your delivery address in the comments section during the checkout process. By providing authority to leave, Supplement Mart nor its Delivery Agents’ may be held liable for lost or damaged Good/s. If authority to leave your Order outside your delivery address has not been provided and there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, the Good/s will be returned to Supplement Mart. You agree to provide as much, clear detail as possible about particular features of the Delivery Address in the comments section during the checkout process, to ensure a fulfilled delivery can take place in advance. This includes, without limitation:
(i) Restricted access or parking for a truck, van or large vehicle
(ii) Restricted or limited access to the premises
(iii) Clear navigation instructions with respect to a preferred entry ways and/or authority to leave
(iv) If you have narrow doors, spiral staircase or tight corners
Where re-delivery is required because of access issues or limitations for making delivery, you may be required to pay any associated fees for re-delivery.
13.8 Upon delivery, you must inspect and test your Good/s and check that the Good/s delivered match your Order. If there is obvious absence, fault or damage to the Good/s due following transit, please contact our Customer Service Centre as soon as practicable via telephone on (08) 6444 9668 or through email at firstname.lastname@example.org in order to report and explain in full, the nature of fault, damage, mistaken or missing Good/s. Following liaison with our Customer Service Team, and the Goods are determined (at the reasonable discretion of Supplement Mart) to be not as Ordered in a significant and meaningful way, under the instruction of our Customer Service Team, you may then proceed to return the Goods to us in accordance within the Terms of our Shipping and Returns Policy . You must communicate to Supplement Mart first with respect to any damaged, faulty, missing and incorrect Goods as soon as possible. Any Goods replaced under the Shipping and Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Supplement Mart do not offer insurance options in respect of your Order.
13.9 In relation to big and bulky Goods, you acknowledge that you will be available to accept delivery at this address on the delivery date as agreed between you and Supplement Mart and/or its Delivery Agent. If you are not available and re-delivery is required, you will need to arrange for such. Where re-delivery is required due to the fact you were not available at the agreed time, you consent to paying any associated fees for re-delivery as required by the Delivery Agent. Some Big and Bulky Goods may require assembly. The delivery representatives are not required to unpack, assemble or construct items as part of the delivery service. Assembly of the Good/s is at your own effort and expense.
- 14. Restricted Goods
- 14.1 You acknowledge and agree that some Goods may be subject to certain restrictions in the jurisdiction of the Delivery Address, including any Good/s which may not be delivered to a minor. You are responsible for ensuring that the Goods can be lawfully imported to the Delivery Address you have stipulated.
14.2 You agree that in ordering Goods that are or contain Restricted Goods:
(i) you are aged 18 years or over
(ii) you acknowledge that it is against the Law to sell or supply the Restricted Good/s to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years
(iii) you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
14.3 Where Supplement Mart has reasonable grounds for believing you have breached clauses 14.1 or 14.2, Supplement Mart may reject your Order in accordance with the Law. We will refund any money paid to us in respect of your Order (where it pertains to the Restricted Good/s) and make reasonable endeavours to process a refund of respective money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Supplement Mart is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
- 15. Risk and title
- 15.1 Risk and title in the Goods passes to you in absolution, on the date and time of delivery of the Goods to the Delivery Agent.
- 16. Order cancellations and returns
- 16.1 In some circumstances you may have a legal right to return Goods, for example, where the Australian Consumer Law (ACL) applies, pursuant to one of the consumer guarantees under the ACL.
16.2 We will not accept returns of Goods, provide a refund, or exchange Goods if you simply change your mind after Ordering Goods.
16.3 If you do have a right of cancellation per Australian Consumer Law (ACL) in an instance, you must tell us you wish to cancel within seven (7) days of receiving the Good/s.
16.4 If you do have a right of cancellation per Australian Consumer Law (ACL) in an instance, Goods must be returned to us within 21 days of receiving them (per delivery signature date):
(i) in their original condition (both Goods and packaging);
(ii) securely wrapped and packaged to prevent damages or loss of Goods
(iii) together with delivery slip and any other documentation we send to You; an
(iv) acknowledged to be at your own risk.
16.5 It is a condition of Visa, MasterCard, American Express, Maestro and other credit card schemes that refunds be processed on the same card as the original payment was made, in order to minimise the possibility of fraudulent activity on cards. Supplement Mart is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the credit card which you nominated in your Order. In instances whereby this credit card has become defunct, inactive or cancelled between original payment and refund requirement, it is your sole responsibility to advise Supplement Mart by contacting our Customer Service Centre as soon as possible via telephone on (08) 6444 9668 or through email at email@example.com
16.6 Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order and Delivery Address are accurate before you submit it to us.
16.7 Goods can only be returned under these Terms and Conditions. The Shipping and Returns Policy forms part of these Terms and Conditions.
16.8 The following terms apply in addition to the Shipping and Returns Policy for purchasing/Ordering of Goods from Supplement Mart:
(i) Food products purchased from Supplement Mart will not be refunded or exchanged, unless required by Law
(ii) Big and bulky goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please contact our Customer Service Centre as soon as possible via telephone on 08 6444 9668 through email at firstname.lastname@example.org to advise of faulty nature so that pickup can be arranged
(iii) In all cases where a return of Good/s is required, you must contact Supplement Mart’s Customer Service Centre ahead of coordinating any such return
- 17. Product Recalls
- 17.1 Where a Good is subject to a product recall, a notice will be posted upon the Website, and active attempts by Supplement Mart’s Customer Service Team will be made to contact you via either (or both) the telephone and e-mail address your provided at the point of checkout. We will then instruct you as to how to coordinate the return of Good/s.
17.2 You agree for us to contact you, using the personal information provided on your Order, to notify you of a product recall either by telephone (including mobile phone) and/or email.
- 18. Promotions and Discounts
- 18.1 The Goods, Prices, and promotions that are offered on the Website may not correspond to those in a Supplement Mart Store. For instance, where there are different Supplement Mart store, loyalty and online promotions run concurrently.
18.2 Providing Supplement Mart customers with the best product range and value for money is extremely important to us. We will price match any physical or online store located in Australia for an identical, in-stock item at its current price. If the item is online, we will price match the total cost including GST and delivery, where applicable; the final, ‘checkout’ price. Some exclusions do apply, not limited to, but including - competitor clearance items, cash back/coupon deals, bundle deals, non-identical products and advertising errors. To coordinate such a price match through our Website, please contact Supplement Mart’s Customer Service Team via e-mail at email@example.com , providing the exact location (link to the alternative platform), whereby the price comparison is to be reviewed. Supplement Mart’s Customer Service Team will reply to your e-mail within three (3) Business Days with the outcome of the price match review and arrange the means for Order and payment to proceed.
18.3 You may receive online offers and promotions, whether mailed to your home, distributed in a Supplement Mart store or emailed to you, which include a promotional or coupon code (Code) for use when shopping at Supplement Mart (in Store or on this Website). It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively, once you have submitted your Order. A separate set of (subsequent) terms and conditions will apply to the use of the Code, offer or promotion. Please read promotional terms and conditions carefully to make sure they apply to your purchase or prospective Order from Supplement Mart. Promotional terms and conditions are adjunct to these Terms and Conditions. Any Code is non-transferable and may not be used in conjunction with any other offer, unless otherwise stipulated.
18.4 Certain offers, including cashbacks and bonus redemptions are via supplier redemption, unless otherwise stated, and are subject to additional terms and conditions (as specified with the offer). You should read these additional terms and conditions carefully, as time limits will apply to cashback and bonus offer redemptions. All cashback and bonus redemption offers advertised may, at Supplement Mart’s sole discretion exclude delivery, postage and handling costs and any other costs incurred as a result of redeeming the cashback and bonus.
- 19. Warranties you make to Supplement Mart
- 19.1 You represent and warrant to Supplement Mart that:
(i) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Supplement Mart
(ii) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so
(iii) you are over the age of 18; and
(iv) in placing your Order, you have read and agree to these Terms and Conditions; and
(v) complied with all Laws.
- 20. Supplement Marts liability to you
- 20.1 Subject to any rights you have under any consumer protection law and to the fullest extent permitted by Law, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.
20.2 Subject to any rights you have under any consumer protection law, Supplement Mart excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
20.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
20.4 Any express warranty (for example, a manufacturer's warranty or warranty against defects) accompanying the Goods you purchase from Supplement Mart, is a warranty between you and the supplier or manufacturer with respect to the performance of the Goods (in some instances, for example, Supplement Mart may provide this express warranty). In the event that you wish to make a claim under that warranty, details of the warranty and the claim process including the address and fees (if applicable) to which a claim must be sent are set out with the Goods. Supplement Mart strongly encourages you to follow the warranty claim process and contact the supplier or manufacturer directly to resolve your warranty claim. Other than expressly stated in relation to particular Goods, Supplement Mart does not make any express warranties with respect to Goods sold on The Website, and is not liable to you or any third party with respect to any loss, damage, cost, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.
- 21. Termination
- 21.1 Supplement Mart reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:
(i) for convenience, at any time, upon provision of notice to you
a) without notice if Supplement Mart reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
b) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
- 22. General
- 22.1 Supplement Mart reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect in absolution, immediately from posting on The Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Supplement Mart with respect to that Order.
22.2 Supplement Mart may give notice to you by email. You may give notice to Supplement Mart by email to our Customer Service Centre at firstname.lastname@example.org .
22.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
22.4 A failure or delay by Supplement Mart to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Supplement Mart does not preclude its future exercise or the exercise of any power or right.
22.5 The laws of Western Australia govern this agreement. Your transaction is deemed to have taken place in Belmont, Western Australia, Australia.
- 23. Linked Websites
- 23.1 The Website may contain links to third party websites ("Linked Websites"). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on Linked Websites.
23.2 We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure.
23.3 Links to particular items are not to be construed as endorsements by us of any views expressed, products or services offered on Linked Websites or of the organisations sponsoring the Linked Websites.
22.4 Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to our contained on Linked Websites, unless and to the extent expressly stipulated to the contrary.