General

(a)   The Nutritionelly website and online store, located at www.nutritionelly.com (Website), is owned, controlled and operated by Elspeth McLean trading as Nutritionelly ABN 75 256 331 838, of 2a Baines Crescent, Torquay VIC 3228 (Nutritionelly, we, our and/or us). 

(b)    As a condition of using and/or purchasing from the Website, you agree to the following terms and conditions (Terms) and our Privacy Policy (see: (Privacy Policy) to be legally bound by these documents. 

(c)    If you do not agree to the Terms and the Privacy Policy, you should immediately cease using the Website. 

(d)    Nutritionelly has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use and/or purchase from the Website you agree to be governed by the Terms as varied from time to time. 

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Ordering via the Online Store 

(a)    By placing an order via the Website (Order), you are offering to purchase the products on, and subject to, the Terms. You agree that we have the right to accept or reject an Order for any reason at any time, and that all Orders are subject to availability of the products. 

(b)    An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to your Order; verbal, written, graphic or otherwise. Any changes to the Order may only be made with our express approval.

(c)    To purchase products via the Website, you must possess a valid credit or debit card issued by a bank acceptable to Us. We use Wix, a third party payment processor, to process all payments and do not collect or store any credit or debit card details provided by you when making purchases via the Website. 

(d)    Product prices are specified on the Website. Unless otherwise stated, all prices are in Australian Dollars and inclusive of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) where applicable. 

(e)    We reserve the right to change pricing at our discretion and without notice. 

(f)     DOMESTIC SHIPPING: All purchases are posted via Australia Post. Shipping costs are calculated according to your postcode and will be provided at the checkout prior to payment. 

(g)    INTERNATIONAL SHIPPING: All purchases are posted via Australia Post. Delivery fees for items to be shipped internationally will depend on size, weight and delivery destination. Once you place your order, we will notify you of the cost of the delivery fee. Delivery timeframes are dependent on Australia Post, customs and your local mail provider. We will not be liable for postage delays or non-delivery of goods. Depending your local mail provider, delivery will most likely occur during business hours, so please ensure you supply an address where someone will be able to accept the delivery. There may be additional customs or import duties or taxes imposed by your country of residence. It is your sole responsibility to be aware of these fees and pay them directly. We make no warranty regarding the ability to export and/or import the products purchased or whether customs regulations have been complied with. 

(h)    Any period or date given by use for the shipping and/or delivery of an Order is intended as an estimate only and may be subject to change. We take no responsibility for any loss suffered by you where an Order is not delivered within the estimated time frame. 

(i)     Title in the products comprising an Order/s is retained by us and will not pass to you until full payment in cleared funds is received by us. 

(j)     To the fullest extent permitted by law, all risk of loss or damage to the product passes to you when the Order is delivered to you at your nominated delivery address. 

(k)    It is your responsibility to inspect all products on delivery. Any damage must be noted on the delivery docket presented to you by the courier for signature. If you believe that your Order has been lost or damaged in transit, please contact elly@nutritionelly.com. You must send notification and images of any damage or missing goods to us by email within 7 days of delivery. 

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Australian Consumer Law and Refund Policy

(a)    Our goods and services come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.  Nothing in these Terms shall override your rights as a Consumer or otherwise at law.

(b)    Due to the nature of the products and subject always to clause 3(a), we do not accept returns due to ‘change of mind’ unless we expressly agree otherwise. 

(c)    Your rights to a refund or replacement (if applicable) are prescribed under the Consumer Guarantees under the Australia Consumer Law. 

(d)    In the event of any fault, defect or problem with any products that you have purchased through the Website, the remedies available to you are as prescribed under the Australian Consumer Law and depend on the nature of the fault, defect or problem. If you believe any of the products purchase on or through the Website are faulty, defective or have a problem, please notify us immediately by email to elly@nutritionelly.com so we can discuss and resolve the issue with you.

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User Accounts

(a)    We may assign you a username and/or password and account information in order for you to access and use certain areas of the Website, or require you to establish your own account access using a username and password chosen by you (Login). Each time you use your Login, you will be deemed to be authorised to access and use the Website in accordance with the Terms. 

(b)    It is your sole responsibility to protect the security and confidentiality of your Login and for all activities on the Website using the Login, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your Login. 

(c)    You must immediately notify us of any unauthorised use of your Login or any other actual or threatened breach of the Website’s security that you may be aware of.

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Personal Information

(a)    We are committed to the transparent management of your personal information. 

(b)    So that we can fulfil your Order/s, we will need to collect certain personal information from you. 

(c)    We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy. 

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Disclaimers

(a)    All content displayed on the Website is for informational purposes only. None of the content or products offered are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee particular outcomes or results. 

(b)    None of the content or products offered are intended as a substitute for the advice provided by your doctor or other healthcare professional. 

(c)    Never disregard, avoid or delay obtaining medical advice from your doctor other qualified health care provider because of something you have read on the Website. 

(d)    Nutritional information provided on the Website (Nutritional Information) is based on extensive research. Before relying on any Nutritional Information, you should carefully evaluate the accuracy, completeness and relevant of the information to your particular purposes and health, and consider the need to obtain appropriate expert advice tailored for your circumstances. 

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Liability

(a)    Subject always to clause 3(a) and your rights under the Australian Consumer Law, to the fullest extent permitted by law, 

    (i)     your use of, and reliance on, this Website (including all Content) is entirely at your own risk; 

   (ii)    Nutritionelly does not make any representations, warranties or guarantees in relation to the supply of Nutritional Information, goods and/or services via the Website; and

   (iii)   Nutritionelly hereby disclaims all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Website. 

(b)    In addition to clause 7(a) and notwithstanding anything in the Terms, or applicable provisions of the Australian Consumer Law, we are not liable to you for any kind of consequential loss arising out of or in connection with your use of the Website. For the avoidance of doubt, ‘consequential loss’ means special, incidental, indirect or consequential damages, loss of revenue, anticipating savings, profits, goodwill, reputation, interest or business. 

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Indemnity

You agree to indemnify and hold Nutritionelly (and its officers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you arising out of, due to, or in any way connected to your breach of the Terms.

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Third Party Links

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided thereon. You agree that we are not responsibility for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party websites, or that third party websites will be virus free. 

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Intellectual Property

(a)    ‘Nutritionelly’ and 'Plant Based Kick Starter' is a trade mark of Elspeth McLean. Other product and brand or business names displayed on the Website may also be trade marks of their respective owners. 

(b)    We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content). You may download, view, copy and print any Content for your personal, informational and non-commercial purposes only. All other uses are strictly prohibited and you must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of the Website or Content for any other purpose. 

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Laws

The Terms are governed by the laws of Victoria. You agree that the courts of Victoria or Federal Courts sitting in Victoria shall exclusively adjudicate over any dispute in relation to the Terms.