Terms & Conditions
These are the Terms and Conditions of Healthy Living Hub, ABN 86 577 964 938, (referred to as “Healthy Living Hub”, “we”, “us”, “our”) located on our website at https://healthylivinghub.com.au/, which is owned and operated by us (Healthy Living Hub). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our Website.
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you are indicating to us that you have read, understood, and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
We may change the Terms and Conditions at any time, please check this page occasionally to ensure you are aware of any changes.
PRODUCTS AND SERVICES
Healthy Living Hub operates the Website as an online store for sale and purchase of retail goods. Our Website includes information from a number of suppliers of retail products and provides you with the opportunity to purchase retail products provided by suppliers to Healthy Living Hub for sale on our Website.
We are not an agent for the suppliers, or an agent for any third party suppliers of any products, goods or services that are advertised on our Website.
Information contained on our Website about products, goods or services offered by a supplier is provided by that supplier. We do not monitor, verify, or endorse information submitted by suppliers for posting on our Website and you should be aware that such information may be inaccurate, incomplete, out of date and may change at any time.
Although we aim to keep our Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the product exactly at the moment an order is placed. We endeavour to ensure that details, descriptions, images, stock availability and prices of products appearing on our Website are correct; however, to the extent permitted by law, we do not warrant that the product descriptions or other content available on our Website are accurate, complete, reliable, current, or error-free. Information may be out of date and products may not be available or as described.
PRICING AND PAYMENT
You agree to pay us the product price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time by posting the updated price on our Website.
You acknowledge and agree that your payment in full in cleared funds (including any delivery fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you will be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any unpaid products or goods, unless and until we receive your payment in full.
Healthy Living Hub currently accept the following payment methods:
- Online payment via Stripe (credit card)
- Online payment via PayPal (with a PayPal account)
Credit Card
You may pay for products or goods by Mastercard or Visa.
Choosing to pay by credit card is an efficient way of shopping on our Website, as orders are processes after confirmation of payment is received.
To ensure your safety when making online credit card payments, always look for ‘https://’ in the address bar as well as the padlock or key symbol in the bottom right hand corner of your browser window. Please note if you are using IE 7 Windows browser, the padlock can be found in the top right hand corner at the end of the address.
When you purchase a product from us, your card and payment information is not held by us, we use a specialist third party payment processor, and your information is encrypted and protected.
In making a payment, you warrant to us that you have read and agreed to the terms of any third party payment gateway or processor or credit provider (such as PayPal, Mastercard, Visa or Stripe), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We are not responsible for any issues, losses or damages arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.
DISCOUNTS AND COUPON CODES
We may offer discounts or coupon codes from time to time, either as part of our Loyalty Rewards Program or as part of another offer.
Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).
Discounts and coupon codes are available for the stated time, from the date that the offer was first made, or until stocks last (whichever occurs first).
Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only, and/or can only be redeemed when required minimum spend is reached during one transaction purchase.
Coupon codes are non-transferable and are not redeemable for cash under any circumstances.
We reserve the right to revoke any discount offer or coupon code at any time without notice.
RISK AND TITLE
Healthy Living Hub will retain title to the products or goods you order until you have made payment in full for those products or goods but all risk in the products or goods will pass to you upon delivery of the products or goods, or collection of the products or goods by, a postal or courier service. You should consider whether to obtain any suitable insurance in respect of the products or goods.
COMPETITIONS
From time to time competitions and promotions may be posted on our Website. We shall publish the relevant terms and conditions of the competitions and promotions, please ensure you read these prior to entry.
ORDERS AND DELIVERY
You may place an order for products or goods via the shopping cart tool on our Website. For any issues or assistance please contact us by email. We use delivery service providers to help us get our products to you.
Delivery of items is subject to availability and we cannot accept responsibility or liability for any item unexpectedly out of stock. We regularly update our website to ensure this does not happen, however, in the rare occasion that a paid item is out of stock we will offer you a store credit or full refund. Please also refer to our Shipping & Returns page which are a part of these terms and conditions.
Healthy Living Hub endeavor to dispatch all in-stock orders within two (2) to four (4) working days.
Deliveries within Australia may take three (3) to five (5) business days to receive but can take longer (possibly four weeks) depending on our suppliers and your location, and delays due to unforeseen circumstances. We accept no responsibility for delays. We will do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider.
If stock is ordered from overseas, there may be a delay of up to six (6) weeks. We will notify you of any unexpected delays as soon as reasonably possible.
Postage rates within Australia:
- We charge a flat rate of $8.50 per order for deliver throughout Australia
- All Australian orders $95 and over receive free delivery (there are exceptions, please see Undeliverable Postcodes)
International: Unfortunately for the time being we do not offer international delivery.
If you have a large or specific order request, please Contact Us, and we will do our best to accommodate your needs.
Delivery Address
It is your responsibility to make sure that your delivery address details are correct, we will not be responsible for any incorrect or failed delivery if you do not supply current, accurate delivery address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further shipping fees or terminate this agreement and issue a refund in accordance with this agreement.
We use delivery service providers to help us get our products to you. Our delivery service providers are unable to deliver to a PO Box, only residential addresses. In some circumstances your workplace address is acceptable.
Due to limited access of our carriers, there are certain postcodes that we are unable to deliver to, please refer to the list below for details. Please contact us for more information info@healthylivinghub.com.au if unsure delivery is available in your area.
Undeliverable remote areas
We try our best to deliver Australia wide, however, there may be remote areas that are undeliverable. Please Contact Us if unsure before making a purchase, and we can check for you.
For some products delivery is excluded to the below post codes. Please Contact Us if clarification is required before completing your purchase in regards to whether delivery of a specific product is possible to your post code.
|
885 |
2222 |
2449 |
2818 |
2827 |
2829 |
2836 |
2839 |
2874 |
2898 |
3724 |
4477 |
|
4490 |
4626 |
4822 |
4871 |
4875 |
6044 |
6209 |
6224 |
6290 |
6442 |
6536 |
6562 |
|
6707 |
6713 |
6725 |
6728 |
6743 |
6751 |
6753 |
6754 |
7255 |
7256 |
7258 |
7260 |
Orders lost in transit
When we dispatch your order, on certain items we are able give you a tracking code for you to track the progress of your order. If you are concerned that your order has been lost or misdelivered, we ask that you Contact Us as soon as possible, so that we can investigate. You understand that while we will investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order.
In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
Risk
Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery unless you have given authority to leave unattended. If you have authorised us or our agents to leave your order unattended, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you are not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
If we accept a return of any products or goods, risk in those products or goods will revert to us on our confirmation of receipt of the returned products or goods. We recommend you insure goods you return to us against loss or damage in transit.
Events beyond control
As in life, sometimes circumstances beyond our control (impacts of strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we cannot control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise complete your order once things have returned to normal. If we expect a major delay, we will contact you to discuss a suitable solution.
Completion of Order policy
All products advertised on our Website are subject to availability and may be discontinued at any time without notice. We accept no responsibility or liability for any goods we are unable to supply for any reason.
We reserve the right to correct any errors or misprints and are not responsible if any of the products, goods or services advertised on our Website are unavailable. Back orders will be recorded and delivered when available, unless otherwise advised.
We may require you to provide additional information before we accept payment and process any order. The delivery to you of any email or other confirmation of your order, or the receipt of funds from you, or any deduction from your credit card, does not signify our acceptance of your order or constitute our agreement to provide the products or services to you. We reserve the right to decline to process any order when there has been an incorrect price listed on our Website due to a typographical or other error. We also reserve the right in our sole discretion to accept or decline an order at any time without providing a reason.
If we decline to accept and process any order under this Completion of Order Policy, we will refund any payment made by you for the order.
Returns Policy
Refunds and exchanges on change of mind
Healthy Living Hub do not normally refund for ‘Change of Mind’, so please choose your product/s carefully. However, if you wish to return an item, please Contact Us first.
After consideration, we may issue a refund, store credit or exchange. Costs associated with returning an item for change of mind, is the sole responsibility of the customer.
Products that are approved for returned for change of mind need to be undamaged, unstained, and unused.
Once the products are received, inspected and determined to be in a resell-able condition, we will send you an email to notify you that we have received your return and to confirm if the refund is valid. Once approved your refund or exchange will be processed. For refunds a credit will automatically be applied to your credit card or original method of payment, within 30 business days
Defective and damaged items
In accordance with Australian Consumer guidelines, Healthy Living Hub will always replace or exchange damaged or faulty items. Items will be replaced with the same originally purchased (if available) or another item of your choice to the same value. If the item cannot be replaced, we will issue a credit or refund.
All products purchased from our website are checked for defects and quality before shipment. If your item has a defect please Contact Us
Please include all details, invoice/order number and an explanation of the issue in your email or contact us form.
Unacceptable items for return or refund
Healthy Living Hub are unable to accept return of items from the following due to Health and Hygiene reasons:
- Health and medical machines and devices
- Personal protection equipment and hygiene products
- Vitamin and mineral supplements
- Consumable products (e.g. protein and powder supplements, teas)
Conditions for returns
Please note that you are required to inform us of any fault with the products or goods in the period from delivery until the fault or problem would reasonably be expected be noted.
We will provide details on how best to return the product to our suppliers’ distribution centre or warehouse.
Unfortunately, without the products or goods we cannot issue an exchange or refund.
Late or missing refunds
If you have not received your approved refund, first check your bank account. Then contact your credit card company / bank as it may take some time before your refund appears in your account. If you have still not received your refund, please contact us via the Contact Us form for us to investigate.
We reserve the right to refuse any returned items if the items to not comply to our Returns Policy. For further information on requirements of returns, please refer to our Returns Policy on our Shipping & Returns page along with further information on exchanges and refunds. The information contained on our Shipping & Returns page forms part of these Terms & Conditions.
GENERAL USE AGREEMENT
To be eligible to use our Website and online store, you acknowledge and agree to the following:
- You are 18 years of age or older
- You warrant that all information you provide is true, correct, up-to-date and accurate;
- You will not use our services for any illicit, unlawful, fraudulent, inappropriate, offensive, or otherwise illegal activities; and
- You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages.
Healthy Living Hub make no warranty that our Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We apply our best endeavours to ensure our 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. You must take your own precautions to ensure that the process which you use for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we accept no responsibility for any interference or damage to your own computer system which arises in connection with your use of our Website or any linked website.
You agree and acknowledge that our Website uses third-party vendors and hosting partners to provide the necessary software, hardware, service, and storage. Additionally, our Website may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. We should not be construed as endorsing, approving, recommending, or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to our Website without written permission.
Advice and information
Our Website may contain advice, recommendations, information, or assistance in relation to products on our Website, and their use or application. This information is provided to you in good faith, believing it is accurate, appropriate, and reliable at the time, but we do not give any warranty of accuracy, appropriateness, or reliability. Information and advice given is general in nature and is not intended to constitute or substitute for professional, health or medical advice. You should seek appropriate professional, health, or medical advice if necessary. We do not accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
INTELLECTUAL PROPERTY
Our Website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to our Website are owned by us, or in some cases, a related body corporate or third party. These intellectual property rights are protected by Australian and international laws.
You may view our Website and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish, or display within another website, or create derivative works from any part of our Website, or commercialise, any information obtained from any part of our Website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Nothing contained on our Website is to be interpreted as a recommendation to use any information on our Website in a manner which infringes the intellectual property rights of any person, company, or entity We make no representations or warranties that your use of the information on this Site will not infringe such intellectual property rights.
As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device’s cache memory and to print pages from the website for your own personal and non-commercial use.
Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website, all other rights are expressly retained and reserved by us and nothing you do on or in relation to the website will transfer any intellectual property or associated rights.
If you would like to share our website or social media content that is freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. If you would like to share, re-publish, or otherwise use our website or content in a way that you are not expressly authorised to do by these terms, please don’t hesitate to get in touch with us.
OTHER WEBSITES
Our Website may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. We should not be construed as endorsing, approving, recommending, or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this Site without written permission.
SECURE DATA
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to our Website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or our Website, please contact us immediately by email
VIRUSES
Given the nature of the internet, we cannot guarantee that our Website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to our Website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using our Website, and, to the maximum extent permitted by law, we disclaim all liability for any errors, omissions, and faults.
You must take your own precautions to ensure that the process which you use for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we accept no responsibility for any interference or damage to your own computer system which arises in connection with your use of our Website or any linked website.
PRIVACY
We comply at all times with the privacy act 1988 (Cth) which regulates how personal information is handled. For details how we collect and manage private information, please refer to the information contained on our Privacy Policy page which forms part of these terms and conditions.
COOKIES
We use cookies to monitor browsing preferences and to help us improve, promote, and protect our Website and services. By continuing to use our Website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy page which forms part of these terms and conditions. You have the option to switch off cookies in browser preferences settings, this may result in reduced functionality when using our Website.
DISPUTE RESOLUTION
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we are not able to resolve it within thirty (30) days, we will go to mediation in New South Wales (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still is not resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.
Each of us agree that we will not commence any proceedings in a Court or Tribunal until we have complied with this clause (unless of course we are seeking interlocutory relief).
USE OF YOUR INFORMATION AND MATERIAL
We appreciate any suggestions (“unsolicited ideas”) you may have regarding ways in which our Website may be improved or materials which we may add to our Website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt, and transmit them to others, without restriction or any obligation to compensate you.
VARIATION
We can change these conditions at any time by updating this document and giving notice by way of posting a copy on the Website. The changes will take effect immediately on their being posted.
SEVERANCE
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
DISCLAIMER AND INDEMNITY
Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that cannot be limited or excluded, including under the Australian Consumer Law, which forms schedule 2 to the competition and consumer act 2010 (Cth) (ACL).
Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or these terms (including as a result of not being able to use the website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we cannot exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.
We make the website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided “as is” and “as available” – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage you might suffer because of:
- failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third party conduct arising out of the website;
- unsuitable or out of date information on the website (including third party material and advertisements on the website);
- you or any other person acting or not acting, on any information;
- personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website;
- any unauthorised access to or use of information or data, including personal and financial information, collected by us;
- any interruption of transmission to or from the website;
- any unauthorised access to or use of information or data, including personal and financial information, collected by us;
- any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites;
- costs incurred by you in using the website; and
- links which are provided for your convenience.
It is your own responsibility to ensure that any services or information available through this website meet your specific requirements.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs, and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
Illustrations on this Site are for purchasing guidelines only. Manufacturing changes can result in variations to illustrations. All measurements and capacities are approximate and can vary due to manufacturing changes.
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Site or to its availability, functionality or performance, except as otherwise provided under any applicable law. You expressly agree that your use of the Site is at your sole risk.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Site. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
The use of the information on this Site is at your own risk. To the maximum extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this Site or provided through this Site through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this Site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Site, any information that you provide to us via this Site or any damage that you may cause to this Site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).
TERMINATION
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we will refund any amounts paid by you in respect of undelivered products or goods.
GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
If you access this Site in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this Site complies with the laws of any country outside Australia.
GENERAL
We may, from time to time, add or remove information, products or services from this Site without notice.
We reserve the right to amend these Terms at any time without notice, and we may terminate your access to this Site at any time without notice. Your continued use of this Site following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this Site is terminated, all disclaimers and limitations of liability set out in these Terms will survive.
Reference to “Site” means the whole or any part of the web pages located on this Website (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
