Terms and conditions.

Effective Date: 11-12-2022

Welcome to www.apothercary.com.au (Site).

This Site is owned and operated by apothercary (ABN 18 661 696 180) (referred to in these terms as “apothercary” “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site and the content made available to you via this Site and our social media channels, as well as your purchase of any products from our online store (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Site (“user”, “you” and “your”).

CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.

AMENDMENTS TO TERMS OF USE

apothercary reserves the right to amend these terms from time to time. Amendments will be effective immediately upon notification on this site. Your continued use of the site and social media channels following such notification will represent and agreement by you to be bound by the terms and conditions as amended. By accessing our site and our social media channels, you are taken to accept our terms.

LINKED SITES

Our site may contain links to other websites (linked sites), which are not operated by us. apothercary has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the Terms of Use and Service, and Privacy Policies, container within each such site.

PRIVACY POLICY

Our Privacy policy, which sets out how we will use your information, can be found at www.apothercary.com.au/privacy-policy. By using this site, you consent to the processing described by the Privacy policy and warrant that all data provided by you is accurate.

INTELLECTUAL PROPERTY

Our Site and products contain intellectual property owned by us, and/or by third parties that license the content to us (Third Party Licensed Intellectual Property). This includes, but is not limited to, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as their business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (Content). Your use of and access to our Site, products and content does not grant or transfer any rights, title or interest to you in relation to this Site, the products or the content.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative  works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our site, the products and / or the content, our intellectual property or the Third Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our site, products and / or content, without refund, if you are found to be violating these terms.

INFORMATION AND ADVICE

Our site may contain content, including digital products, blog articles, and other information. If this is the case, all this content is of a general informational nature only and is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be any type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our site or through our products.

We do not accept responsibility for determining whether our products are appropriate for you. We reserve the right to deny service and refund the cost of that product for any reason, including where we believe that the product would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.

The sale of products on our site or reference to any other products does not constitute or imply our endorsement, sponsorship or recommendation in any way.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site or products as it helps us to improve our Site and our products. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!

Where you do decide to submit such feedback, comments or content, you represent and warrant that:

  • you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);

  • give us permission to post or otherwise use that feedback on our social media or other channels;

  • you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;

  • the content does not violate these Terms; and

  • you are at least 18 years old.

We reserve the right to remove a review or comment for any reason we see fit including but not limited to if such review or comment contains:

  • libellous or otherwise unlawful, abusive or obscene material;

  • attacks our employees or another contributor;

  • contains material that discloses your personal information; or

  • is unrelated to the post or content to which you have reviewed or commented on.

Our Site and social media channels may feature user reviews of the products as well as blogs by guest bloggers. These reviews and content of the guest blogs in no way represent our views or opinions or those of our owners, shareholders, employees or any others, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger. 

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this site in violation of these terms and/or arising from a breach of these terms and/or any breach of your representations and warranties set out in these terms or your breach of any law or the rights of a third party.

INVALIDITY

If any part of the terms is unenforceable  the enforceability of any other part of the terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

OUR CONTRACT

When you place an order via our website, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

PRICING AND AVAILABILITY

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have advertised, we will correct the error straight away.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “total cost”.

PAYMENT

To finalise your order, your card will be debited immediately at check-out. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.

DELIVERY OF GOODS

Non delivery of goods must be reported to us as soon as possible.

All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post with tracking and without insurance.

While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

Please contact at us at hello@apothercary.com.au prior to ordering, if you wish to purchase insurance on delivery of the goods.

RECEIPT OF GOODS

Please choose carefully. Due to the edible nature of our products, we are not able to accept refunds for change of mind (including due to taste preferences and sensitivities).

You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 14 days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim will be recognised unless made in writing and received be us within 14 days after receipt of the goods by you. Faulty products will be provided a full refund or replacement at your preference. This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law - where consumer guarantees apply, refer to the Limitation on claims clause.

If you receive an order and are not completely satisfied, we would still love to hear from you. We believe our relationship with you extends beyond your purchase, and would love the opportunity to discuss further.

LIMITATION ON CLAIMS

We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.

Our liability for failure to comply with a consumer guarantee is limited to:

a)     in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and

b)    in the case of services supplied by us, the supply of the services again or the payment of the cost to the customer of having the services supplied again.

c)     Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

In all other respects, our total liability for loss or damage of every kind, whether:

a)     arising pursuant to the terms of service; or

b)    arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

c)     is limited to an amount equivalent to the sum paid by you to us for the goods.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses or expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss, loss of income or profit or projected profit, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our site and/or our products or the fact that content on our site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

WARRANTY DISCLAIMER

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the products we sell, including that:

  • they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

  • access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

  • there is no possibility of failure to store communications or other data.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

INTELLECTUAL PROPERTY

The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.

TITLE AND RISK

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.

WAIVER

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

GOVERNING LAW

These terms of service are governed by the laws in force in the state of Western Australia and the Commonwealth.  Please refer to the Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA). You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

ENTIRE AGREEMENT

These terms (together with our privacy policy) contained on this site, constitute the entire understanding and agreement between us and you, in relation to your use of this site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this site and your use of this site.