STANDARD CUSTOMER TERMS AND CONDITIONS
– www.additivefreemarketplace.com.au is a website operated by Additive Free Kids Pty Limited is the trading name of Additive Free Kids Pty Limited ACN 132 954 039 (“we”, “us” and “our”). - Our website includes Products available for purchase from various Sellers (“Sellers”). If you place an order for a Product on our website (a “Product”), you are placing any order with the Seller of the Product, and not us. We make the Products available for purchase (including by taking orders and collecting payment) as the agent of the Seller, and not on our own behalf.
– When you place an order to purchase a Product via this Website, you are making an offer directly to the Seller. No order shall be deemed to be accepted by the Seller until we (acting as agent of the Seller) issue an mail acknowledgement of order. The contract between you and a Seller will relate only to those goods and / or services notified in the email acknowledgement order.
– If a Seller accepts your order for the purchase of a Product, then an agreement is formed between you and the Seller and you have rights directly and only against the Seller, and not us. We are not a party to that agreement.
If a Seller accepts your order for the purchase of a Product, then the following terms apply to the agreement with the Seller relating to that purchases
(a) You agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a Product, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be separately shown.
(b) If the goods are being delivered shipped to an address that is not in the same state or country as the Seller, you or the addressee will be responsible for paying any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency. The Seller is unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.
(c) You must pay for the Product online using Paypal. Your payment will be processed upon receipt of your order. The credit cards that are accepted from time to time will be described on the website. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be described on the website.
2. Cancellation of orders
(a) The Seller may cancel an order that it has already accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
(b) While the Seller endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the Seller may also cancel an order that it has accepted in such circumstances.
(c) Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your order the Seller will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the Product to you.
(d) You may also cancel an order if the Seller is in breach of these terms.
(a) The Seller will normally ship the Product within 2 Business Days of Seller’s receipt of your order, unless otherwise noted in the Product description. Any delivery times displayed on the website are estimates only, based on the information provided to the Seller by its shipping company.
(b) The Seller will deliver the Product to the place of delivery you specify when making your order. Title to and risk in the Product will pass to you upon delivery of the Product to this place of delivery.
We at all times ensure we abide by Australian Consumer law (ACL) in relation to any product and services we offer. Apart from any warranties, guarantees, rights and remedies that consumer protection laws may confer on you which may not be excluded, restricted or modified, we exclude all other conditions and warranties implied by custom or statute.
Due to the perishable nature of our food products, refunds/returns are not available for change of mind. However, if you believe your product is damaged or have any issues with your products, please contact us and we will get back to you as soon as possible.
In the event that a refund is required, the products being returned must be returned in the same condition it was received. Items must be returned complete and undamaged. For items that were incorrectly ordered by the customer, the customer will pay all postage including original shipping and postage charges. Any postage paid for the original shipment of the Products will be deducted from any refund of returned goods, once received back by the Seller.
Please include a copy of your invoice or packing slip. If you do not have either of these, please include your first and last name, shipping / billing address, email address and phone number. Return the goods to the Sellers address as listed on the Additive Free Marketplace. It is your responsibility to ensure that returned goods are received by the Seller.
Refunds for the price of the product will be made within 7-14 days. Refunds are made to the Paypal account supplied.
Digital products (MP3s, e-books and e-courses) are NOT eligible for refunds after they have been accessed, except as required by Australian Consumer Law.
5. Gift vouchers
(a) Gift vouchers can be redeemed at checkout. The value of a Gift Voucher will be issued as a credit in your account.
(b) Gift vouchers are valid for 1 year and cannot be returned or exchanged for cash.
(c) Any returned items that were paid for with a Gift Voucher will be refunded as a store credit for you to use against a future purchase.
(d) If you return an item paid for by both a Gift Voucher and PayPal, you will be refunded on your PayPal up to the amount of your initial PayPal payment, and the remaining amount will be refunded as store credit
6. AFM rewards
(a) We may credit your Additive Free Marketplace account with a $ amount (“Reward Credit”) calculated by reference to a full-price purchase you have made on this Website. Such credit will only be available for a limited period and if not used prior to its expiry date it will be removed from you account. When you make a purchase that earns Reward Credit we will send you an email informing you of its value, its expiry date and any special terms of redemption. Your Reward Credit balance will appear in the My Store credit section of your account.
(b) Reward Credit can only be earned on full price purchases i.e. purchases mad without using any other Additive Free Marketplace credit, sale discount or promotional code.
(c) Subject to any special terms of redemption, Reward Credit can be applied toward the purchase of any Product from any Seller on this Website.
(d) If a Product purchased using Reward Credit is returned for a store credit, the value of that Reward Credit will be reinstated in your account.
(e) If a Product purchased using Reward Credit is returned for a refund, the value of that Reward Credit will be forfeited (except in the case of a return for a faulty item)
(f) Reward Credit can not be sold or transferred and is not redeemable for cash
(g) If we suspend or deny your access to all or any portion of this Website, all unused Reward Credit in your account will be cancelled.
7. License to use the content on this Website
(a) You acknowledge that this Website and all related content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).
(b) We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.
(c) We (or our licensors) retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.
(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce this Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website without notice.
(f) If purchasing products containing liquor, you must be over 18 and agree to all relevant legislations and acts for each respective Australian stat and territory in respect of the specified premises that are subject of each respective license.
8. General restrictions
(a) You must not disclose to any other person any user name and password that we give to you. We will assume that any use of this Website mad using that user nam and password is you, and you will b responsible for any such use, except where you have notified us under paragraph (b).
(b) You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.
(c) In using this Website, you must not:
(i) provide us with inaccurate or incomplete information;
(ii) violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
(iii) impersonate any person;
(Iv) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(v) collect or store personal data about other users of this Website;
(vi) engage in any other conduct that inhibits any other person from using or enjoying this Website.
9. Information provided by Sellers
Much of the information on this Website is provided by our Sellers, including all of the information relating to the products that may be purchased from those Sellers. While we believe that our Sellers are reliable sources of this information, we cannot be responsible for such information
(a) Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use.
(b) You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other restricted use. You agree not to infringe the rights of the Digital Content’s copyright owner (Additive Free Marketplace or its Sellers) and to comply with all applicable laws in your use of the Digital Content. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, and reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of Additive Free Marketplace and its Sellers and is protected by law.
(c) You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.
(d) All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download please contact Additive Free Marketplace via the contact page.
(e). You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash.
11. Warranties and liability
If the Australian Consumer Law applies to the Seller’s sale of a product to you, the Seller provides you with the notice of the following guarantee under the Australian Consumer Law:
(a) 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a Product that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
(c) Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).
(d) If any guarantee term, condition or warranty is implied or imposed by law in relation into this agreement (a Non Excludable Provision) and the Seller is able to limit your remedy for a breach of such a Non Excludable Provision, then the Seller’s liability for breach of that Non Excludable provision is limited to one or more of the following at the Seller’s option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to the Seller’s obligations under any Non-Excludable Provision and to the maximum extent permitted by law, the Seller is not liable for, and no measure of damages will, under any circumstances, include: special, indirect, consequential, incidental or punitive damages; or damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(f) The Seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
12. Variation of this Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website (including the Sellers that may be included from time to time on this Website).
We reserve the right at any time and from time to time to remove, delete, alter or amend any content or the website. In particular, if we believe the content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We may, but are not obligated to, remove any content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s copyright, trade marks or other intellectual property rights or these Terms.
We reserve the right to disclose your name and any other personal details of any Advertiser to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
14. Website disclaimer
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after consuming any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider.
Because there is always some risk involved when changing diet and lifestyles, we are not responsible for any adverse effects or consequences that might result. Please do not apply the information on this web site if you are not willing to assume the risk.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services contained on the website for any purpose.
In no event will we be liable for any loss or damage, including, without limitation, indirect consequential loss or damage arising out of or in connection with your use of this website or reliance on the information contained on the website.
Through this website you may be able to link to other third party websites which are not under the control of additivefreekids.com.au. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, additivefreekids.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
15. Health and Allergen Disclaimer
Whilst we make every attempt to ensure that the labelling of the products, supplied by the manufacturer accurately lists all of the ingredients used, we rely on the representations and warranties made by the manufacturer. If you have any sensitivities or allergies to any listed ingredients you should not consume these products. Should you develop any symptoms or allergic reactions, discontinue use immediately.
The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
16. Copyright notice
This website and its contents are the copyright of additivefreekids.com.au – © 2017. Any redistribution or reproduction of part or all of the contents in any form is prohibited. All contents including, without limitation, text, materials, images, graphics, photographs, logos on this website (“Content”) are protected by copyright, trade mark and other intellectual property laws unless otherwise expressly indicated.
You are not permitted to modify, copy, reproduce, republish, upload, post, transmit or distribute this content in any way except as expressly authorised in writing by additivefreekids.com.au.
You may not, except with our express written permission, distribute or commercially exploit the Content. You may not transmit or store it on any other website or other form of electronic retrieval system.
17. Buyer warranties
You warrant that:
(a) You are 18 years of age or older and able to form a legal binding contract;
(b) You will manage and take over any claim by any advertiser, Seller or third party that may arise as a direct or indirect result of your use of our Services and this website.
You acknowledge and agree:
(a) We are a facilitator only for the purposes of permitted Sellers to advertise and list their Products, except where it is our own Product and indicated as such
(b) We are in no way responsible for, nor affiliated with any particular Seller beyond providing the Services;
(c) We are in no way responsible for your choice of Product. All disputes, issues or complaints you may have are to be dealt with directly with the relevant Seller and we are not to be involved. You agree to indemnify us for any claim which may result directly from your action or inaction in this regard; and
(d) We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.
(a) Neither party will be 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 that party.
(b) If any part of these Seller terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(c) These Seller terms constitute the entire agreement between the Seller and you in relation to the Products and supersede all other communications or displays whether electronic, oral, or written, between the Seller and you in relation to the Products.
(d) The provisions of these Seller terms which by their nature survive termination or expiry of these Seller terms will survive termination or expiry of these Seller terms.
(e) Your purchase of the Products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices.
(f) The term “including” when used in these seller terms is not a term of limitation.
19. Governing Law
These terms are governed by the laws of the state of New South Wales Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.