Welcome to TerryWhite Chemmart Arana Hills. theclinichub.com.au is a website (Site) operated by RG Garozzo, RKB10 Pty Ltd, PRFRX Pty Ltd ABN 59637841718 of 2 Patricks Rd Arana Hills Queensland Australia 4054. (we, us and our).
We provide an online retail store for simplified access to a comprehensive range of supplements and sports foods. We pack, fulfill and provide the relevant certification certificate for orders.
These terms and conditions (Terms), which incorporate our Privacy Policy and Website Terms apply to your use of our Site, including the supply of any products you order on our Site. If you send us different terms and conditions (e.g. attached to your purchase order), our Terms will prevail.
Please read these Terms carefully before ordering any products from us. Using our Site and placing an Order with us indicates that you accept these Terms. If you do not agree with our Terms do not use our Site or place an Order with us.
1 ORDERS, PRICE AND PAYMENT
1.1. Please follow the instructions on our Site to place an order for products (Order). Each Order is an offer by you to buy the products specified in the order (Products) subject to these Terms.
1.2. Prices are displayed to you in Australian dollars (inclusive of GST) and exclude delivery charges which are payable in addition and shown separately during the checkout process.
1.3. You are responsible for ensuring that your Order is complete and accurate, so check it carefully.
1.4. Individual account holders must pay for the Order in full at the time of ordering by one of the payment methods we accept on our Site. We take no responsibility for the actions of the payment providers.
1.5. After you place your Order, you will receive an email from us acknowledging that we have received it but please note that this does not mean that your Order has been accepted. Our acceptance of your order will take place as described in clause 1.6.
1.6. Our acceptance of your Order takes place when we send an email confirming stock availability for items you have ordered (Order Confirmation), at which point and on which date (Commencement Date) the contract between you and us will come into existence (Contract). The Contract will relate only to those Products confirmed in the Order Confirmation. We will then send out an email outlining items that have been charged and dispatched.
1.7. If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your Order. If you have already paid for the Products, we will refund you the full amount.
2 REFUND AND EXCHANGE
2.1. We do not offer exchange or refund if you change your mind, you have made a mistake on your Order or the Product did not fulfill your expectations from a performance perspective. However, we may agree to exchange or refund if you request to cancel the Order before dispatch.
2.2. We will offer an exchange or refund if we have made a mistake with your Order.
2.3. Nothing in this section is intended to exclude your rights under the Australian Consumer Law.
3 DELIVERY
3.1. We aim to deliver the Products to you at the delivery address you nominate in your Order (Delivery) by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then as soon as reasonably possible.
3.2. We currently use Australia Post for all deliveries. The delivery address you nominate must be a physical business or residential address. No PO Boxes will be accepted.
3.3. The Products will be Delivered with the Order Confirmation for your verification of receipt of the correct Products. If you are unable to personally receive the Products, we may Deliver the Products to any person at the nominated delivery address. If no one is available at the time of Delivery, these items will be left at the nominated delivery address.
3.4. We will advise you if you have ordered a fridge line. We will package fridge line in cooler bag with an ice brick. However, you should not leave fridge line products outside. It is your responsibility to make suitable arrangements to have fridge line items refrigerated as soon as possible.
3.5. You are responsible for the Products once Delivery is completed.
4 OUR PRODUCTS AND DISCLAIMER
4.1. Any descriptions or illustrations on our Site or other marketing materials are published for the sole purpose of giving an approximate idea of the Products. Products may vary slightly from those images.
5 YOUR OBLIGATIONS
5.1. It is your responsibility to ensure that:
(a) the terms of your Order are complete and accurate;
(b) the Products are sufficient and suitable for your purposes and meet your individual requirements;
(c) you cooperate with us in all matters relating to the Products; and
(d) you provide us with such information and materials we may reasonably require in order to supply the Products and ensure that such information is complete and accurate in all material respects.
5.2. You should not rely on any information access using our Site or from us to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action or inaction based on any such information.
6 FAULTY PRODUCTS
6.1. Please contact us if you have received a faulty Product as soon as possible so we can assist you with this issue. We may ask you to provide us images and further information about the fault for our assessment. If the Product is confirmed to be faulty, we will replace it or refund the price of the Product to you.
7 INTELLECTUAL PROPERTY RIGHTS
7.1. We (or our licensors) own all intellectual property rights in or arising out of or in connection with the Products and our Site. All such rights are reserved.
8 LIMITATION OF LIABILITY
8.1. Nothing in this Contract limits or excludes our liability:
(a) for death or personal injury caused by its negligence or wilful misconduct or that of its employees, as applicable;
(b) for fraud or fraudulent misrepresentation by it or its employees, as applicable; or
(c) where liability cannot be limited or excluded by applicable law.
8.2. Subject to clause 8.1, we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any: loss of profits; loss of income, sales or business; loss of production; loss of agreements or contracts; loss of business opportunity; loss of anticipated savings; loss of or damage to your goodwill; loss of your reputation, image or likeness; or loss of use or corruption of software, data or information.
8.3. Subject to clause 8.1 our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the supply of Products under this Contract, including any breach by us of these Terms however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount of purchase price of the Products.
8.4. Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services.
8.5. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the services or the payment of the cost of resupply.
8.6. Nothing in this Contract limits or affects the exclusions and limitations set out in our Site’s terms and condition of use.
8.7. This clause 8 will survive termination of the Contract.
9 EVENTS OUTSIDE OUR CONTROL
9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
9.2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Products with you after the Event Outside Our Control is over.
9.3. You may cancel the Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Products up to the date of the occurrence of the Event Outside Our Control.
10 OTHER TERMS
10.1. Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this Contract unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver. Words or conduct referred to in this clause include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.
10.2. We may assign or transfer our rights and obligations under these Terms to another entity but will always notify you in writing or by posting on this webpage if this happens.
10.3. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
10.4. To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.
10.5. If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This clause does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under this Contract.
10.6. The Contract is between you and us. No other person has any rights to enforce any of its terms
10.7. These Terms are governed by the law of Queensland. The courts in Queensland will have exclusive jurisdiction.
