Terms & Conditions
TERMS & CONDITIONS OF GOODS & SERVICES OFFERED BY US, THE HEALTHY HOUSEHOLD TO YOU, THE CUSTOMER OR VISITOR.
This website is operated by The Healthy Household. Throughout the site, the terms “we”, “us” and “our” refer to The Healthy Household. The Healthy Household offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions of Service are considered an offer, acceptance is expressly limited to these Terms & Conditions of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions of Service. You can review the most current version of the Terms & Conditions of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms & Conditions of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We do not sell or deliver products to customers outside of Australia.
If you purchase or use any Products, you:
- Warrant and represent that you are at least 18 years of age
- Are ordering the Products for consumption in Australia
- Warrant, represent and agree that you have sought, and will continue to seek, advice from independent, appropriately qualified and licensed health practitioners relating to your proposed use of any Products
- Acknowledge that for purchase of any Practitioner-Only Products you have sought, and will continue to seek advice from appropriately qualified and licensed health practitioners relating to your proposed use
- Acknowledge that for any Products, you read and acknowledge any additional disclaimers provided in the individual product descriptions
- Warrant, represent and agree that you will only use Products and/or Practitioner-Only Products, and any information obtained from the Website in accordance with the advice and supervision of independent, appropriately qualified and licensed health practitioners; and
- Warrant, represent and agree that you will not re-sell or otherwise re-supply any Products.
All information provided by us on the Website or on or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.
We do not make any representations or warranties that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to the Website will be uninterrupted, timely or secure.
We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or any Products.
Your use of information provided on the Website, and any Products, is entirely at your own risk.
You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Website. In addition, you may not commercialise any Products, or any information or materials downloaded from the Website.
SECTION 6 - ORDERING
Ordering of products is done directly via the website “The Healthy Household” however in special circumstances as agreed with the providers, should an order be placed via phone or email, a tax invoice will be provided containing:
- Date of Order
- Description of the Products ordered
- Order identification number
- Delivery address
- Price & availability of Products
- Postage if applicable
If you telephone us to place a manual order, then we will explain to you while on the telephone that:
- We will only supply products on the basis that you first accept the terms and conditions of this Agreement
- We will email this Agreement to you with our tax invoice
Please note that a Tax Invoice must be paid in full, prior to dispatch of any order placed with us.
SECTION 7 - PRICE AND PAYMENT
All prices stated on the Website include any relevant GST (otherwise are exclusive of GST).
Up to date delivery prices are stated on the Home Page and during Check Out.
You must pay us the full price of your order before we will send any part of it.
You may pay by electronic funds transfer, credit card or debit card using the options offered during Check Out or on a Tax Invoice, if provided manually.
If you opt to pay by:
- Credit card, debit card or Paypal, your payment will be processed immediately on placing your order for Products; and
- Electronic funds transfer, you must pay within 24 hours of receipt of our tax invoice, and upon receipt of your payment we will process your order.
SECTION 8 – SHIPPING & DELIVERY
Purchasing and shipping of goods from The Healthy Household website is currently only offered to customers living within Australia.
Currently we do not offer an international service (outside of Australia), however we may offer a link on our store to order various products via the Supplier directly so international customers can order their products this way. If you live outside Australia and need assistance with purchasing a product, please ask us, as we may be able to help you find a seller.
Our goal is to dispatch your online order on the same or next working day, provided all items are in stock. Please review timeframes in SECTION 9 - “OUT OF STOCK” ITEMS if an order for “Out of Stock” items is placed.
Ownership and risk in the Products will pass to you from the moment they are posted by us. We will provide you with a unique shipping tracking number so you can track your delivery.
Products will be shipped or posted to the address stipulated in your order. You are responsible for ensuring that someone is present to accept delivery.
We use Australia Post and Sendle for our postage and shipping. Our Sendle shipping service requires you to leave any instructions for your goods to be left if no one is available to receive them at the time of delivery. Please leave delivery instructions when placing your order. If you provide authority to leave goods without personally accepting the delivery, we do not take any responsibility for order that are stolen or go missing after the courier has left the order is the requested area.
SECTION 9 - “OUT OF STOCK” ITEMS
Some Products may not be available at the time of your order. They will be offered for sale on the website however will clearly display as “Out of Stock”. If you choose to order an “Out of Stock” item, we will contact you to advise you when the product will be back in stock, or we may provide an alternative item for you to consider purchasing at that time. You may choose to:
- Request for “In Stock” items ordered to be shipped to you without delay and be refunded for the unavailable item(s), or
- Hold your entire order until the “Out of Stock” items arrive, then promptly ship all your goods then
If an item is not in stock and you wish to wait for it to be ordered, please allow additional turnaround-time for your entire delivery outside the standard turnaround time provided. If items need to be ordered from overseas, please allow an additional 5 working days and if items need to be ordered within Australia, please allow an additional 2-3 working days.
If “Out of Stock” items are ordered, we may also (but are not bound to) offer you readily-available alternatives in which you may:
- Accept the alternatives we offer in which we can send your order without delay, or
- Choose to wait for the “Out of Stock” items to arrive instead
If you wish to cancel your order, or do not accept any of the terms in this Agreement you must:
- Telephone us to tell us that by 5:00pm on that same day, in which case we will not process your order
- If by 5.00pm on the date we email your tax invoice you do not advise us that you wish us to process you order, you will be deemed to have accepted these terms and we will process you order.
Despite any email or other order confirmation we provide to you, we are not bound by any anticipated delivery date we provide.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 11 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions of Service.
SECTION 12 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 - PERSONAL INFORMATION
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Healthy Household, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Healthy Household and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms & Conditions of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms & Conditions of Service are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms & Conditions of Service shall not constitute a waiver of such right or provision.
These Terms & Conditions of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions of Service).
Any ambiguities in the interpretation of these Terms & Conditions of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms & Conditions of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Healthy Household.
SECTION 23 - CHANGES TO TERMS & CONDITIONS OF SERVICE
You can review the most current version of the Terms & Conditions of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms & Conditions of Service should be sent to us at firstname.lastname@example.org