TERMS AND CONDITIONS
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.
– 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 purchase.
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 GST (where applicable). Shipping and any insurance charges will be separately shown.
b. If the Products are being delivered outside of Australia, you must pay 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. 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. unless they are out of stock, in which case you will be notified by email as to the estimated date of shipping.
b. Delivery times may vary from state to state. Any delivery times displayed on the website are estimates only, based on the information provided to the Seller by its shipping company. Please allow between 4-7 days for delivery.
c. 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.
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 Kids 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 Kids 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 Kids 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.
6. Information provided by Sellers
The information relating to the products that may be purchased via our Website is provided by our Sellers. While we believe that our Sellers are reliable sources of this information, we cannot be responsible for such information.
7. “Little Box of Goodness”
7.1 By registering with the “Little Box of Goodness” you expressly agree to receive emails (containing special offers and product information) and e-newsletters from Additive Free Kids. You can request to stop receiving emails at any time by notifying Additive Free Kids.
7.2 All information on the website is of a general nature and is not intended in any way to replace professional dietary or medical advice. The Little Box of Goodness does not make any representations or guarantees as to the suitability of the products on the website for any dietary requirements, medical conditions or allergies. You acknowledge that it is your responsibility to assess the suitability of all products prior to using the products. The “Little Box of Goodness” expressly excludes any liability that may arise in relation to the suitability of the products for any dietary requirements, medical conditions or allergies.
7.3 You acknowledge that any promotional and marketing material on the website is not a representation of what is in the monthly box and you accept that:
(a) products on the website may differ in visual appearance and packaging to the products in the box;
(b) products in the box may be derivatives, samples or smaller versions of the products on the website;
(c) the combination of products on the website may not be the same combination of products to be included in a monthly box and the combination of the products is at the sole discretion of Additive Free Kids.
(d) Throughout the website, users may be invited to review or comment on various products. You expressly consent to Additive Free Kids publishing your first name and State or Town in relation to any review and comment.
7.4 You may purchase a subscription plan for a monthly box containing a group of products as determined by Additive Free Kids.
7.5 All subscriptions automatically renew until cancelled through the website. Unless a subscription is cancelled at least 2 days before the next billing date or subsequent subscription period, the subscription automatically renews for a further subscription period and you will be charged the subscription price.
7.6 You must review your order carefully before placing it. Once an order for a subscription is confirmed and the subscription price paid, Additive Free Kids will not provide a refund of the subscription price unless Additive Free Kids cancels or is unable to fulfil your order, in which case, Additive Free Kids will provide a full refund of the whole or part of the subscription price depend on whether you have previously received boxes during your subscription.
7.7 Additive Free Kids does not accept returns of boxes or individual products except as detailed in 7.8 below.
7.8 All boxes and products are checked for quality prior to delivery and while Additive Free Kids endeavours to ensure that the box and product is delivered to you in good condition, they may be damaged during delivery. If you intend to seek a replacement box or product you must send through a photo that sufficiently illustrates the damage to the “Little Box of Goodness” for assessment. Any requests for a replacement box or product must be made within 2 weeks of receipt of the items.
If Additive Free Kids assesses the damage and at its discretion agrees to replace the box or product, you may at your own cost return the damaged box of product to the address noted in these Terms.
Additive Free Kids will replace the box and / or product as soon as practical. You accept that Additive Free Kids will not refund any open or used products. In the case where the product is sold out, Additive Free Kids will provide you with an alternate product which may or may not be of equal value.
7.9 Additive Free Kids does not make any representations or guarantees as to the suitability of the products on the website for any dietary requirements, medical conditions or allergies. Vegan products may have been made in shared facilities resulting in possible trace amounts of dairy / eggs an other ingredients not listed on the packaging. Consequently, Additive Free Kids does not make any guarantees that products are non contaminated with non-vegan ingredients. It is the customers responsibility to check with the company on their manufacturing processes for all potential allergen issues prior to consumption.
7.10 Failure to provide your delivery address in the correct format may result in a delay in your order being processed or the order being returned to sender and a reshipment fee of $10.00 will apply.
7.11 Additive Free Kids will not accept any claim for ‘lost’ or ‘missing’ parcels if the customer has entered the address incorrectly or in the incorrect format.
7.12 All prices are shown in Australian dollars and include delivery charges where indicated. Please note, the price of subscriptions are subject to change at any time without notice to you.
7.13 You expressly authorise Additive Free Kids to process the payment for the subscription price via PayPal at the time of your order.
7.14 Your invoices are made available to you online and are downloadable through your account.
7.15 Additive Free Kids will endeavour to dispatch the boxes at the beginning or middle of the month depending on your billing cycle, however Additive Free Kids does not guarantee that the delivery times will be met and expressly excludes any liability in relation to this.
7.16 You acknowledge that all boxes delivered to you from Additive Free Kids will be delivered using a third party carrier and you accept that all title in an d risk to the box will pass to you upon the third party carrier being given possession of the box by Additive Free Kids. Additive Free Kids is not responsible for any breakage or damage to the box or any products during delivery and expressly excludes any liability in relation to this.
7.17 You are responsible for ensuring the shipping address for the box is correct and current. Any changes to the shipping address must be made by the 20th of the month or the following month’s box will be shipped to the previous address. Additive Free Kids expressly excludes any liability in relation to an incorrect shipping address including any redelivery, redirection or a refund.
7.18 If your parcel is lost in transit or if it is returned to sender, Additive Free Kids may at its own discretion send a replacement. In these instances an additional fee of $9.95 will be charged to the customers account.
7.19 If you make any content, materials or feedback available on the website you automatically grant Additive Free Kids an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to:
(a) use, copy, display, publish and distribute the content on the website and to any third party including the manufacturer of the products, and
(b) modify, prepare derivative works of or sublicense the content;
(c) incorporate the content into other mediums including but not limited to social media posts, blog posts, emails and publications to promote the “Little Box of Goodness”, the website, the products and/or the manufacturers.
8. Warranties and liability
In addition to the rights granted under section 4 above, the Seller provides you with 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 and the Seller is able to limit your remedy for a breach of such a provision, then the Seller’s liability for breach of that 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. 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.
9. 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.
11. 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.
12. 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.
13. Copyright notice
This website and its contents are the copyright of additivefreekids.com.au – © 2016. 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.
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 are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
d. 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.
e. 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.
15. 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.
16. 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.