Copyright © 2019 Biogenesis. All rights reserved
TERMS & CONDITIONS
Genesis Co. Pty Ltd
Terms and Conditions
- In these Terms “we”, “us” and “our” is a reference to BioGenesis Pty Ltd.
- We reserve the right to update or amend these Terms from time to time without notice to you. By using this site and any services connected with it you agree to the terms as updated or amended.
- We comply with Australian Consumer Law.
B Products or Services
- Products or Services may be available online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy
- An order placed by you is an offer to purchase the goods ordered for the price specified on this website at the time your order is entered (including delivery and any other charges). BioGenesis reserve the right to refuse service to anyone for any reason at any time
- The availability of goods featured on this website, and the price of such goods (including delivery charges), may change from time to time.
- We are not bound to supply any Products in the quantities ordered or at all.
- 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 advice from independent, appropriately qualified and licensed health practitioners relating to your proposed use of any Products;
- Warrant, represent and agree that you will only use 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.
- At times the picture of the goods on the website may differ from the goods actually supplied to you.
- We do not warrant the accuracy of information contained in the product list and you agree that you will read the labels on goods carefully before consumption.
- We will endeavour to ensure that all Products ordered by you are supplied to you. However, there is the possibility that our inventory may fluctuate from time to time and that an item indicated as ‘stocked’, at the time you place your order, may in fact be out of stock. In this event we will contact you and advise the lead time on supply and will offer you the option of cancelling the order and receiving a full refund.
C Price and Payment
- All prices stated on the website are inclusive of GST.
- The price of products excludes applicable freight, transportation, insurance, packing, storage, handling or similar charges and you agree to pay and indemnify us for such charges.
- You must pay us the full price of your order before we will send any part of it.
- You must pay by credit card or debit card using Mastercard or Visa or American Express or Paypal.
- Ownership and risk in the Products will pass to you from the time they are posted by us and we hold no responsibility for the Product in transit or upon delivery.
- Products will be posted to the address stated in your order.
- In the event there is a delay for any reason in sourcing the Product we will notify you and advise your options.
- Details of delivery will be contained in the confirmation of acceptance.
E Right of Cancellation and Returns
- In some circumstances you may have a right to return the Product under the Australian Consumer Law. If you do have a right of cancellation you must tell us within 7 days of receiving the Product and return the Product within 21 days of receipt:
- In their original condition;
- Securely wrapped;
- With a delivery slip;
- With a detailed explanation of your issue with the product;
- At your own risk and cost.
- Upon receiving the Product we will assess your request and in the event your request is accepted we will notify you in writing and provide a refund or replacement within 30 days of receiving the Product from you.
- We will not provide a refund or exchange if you simply change your mind.
F Intellectual Property and use of website
- We are the owner, or licence holder, of all intellectual property rights in the website including graphics, images layout and text.
- You are provided a limited licence to access, download and print content from the website solely for personal use. Content may not be reproduced, modified, redistributed or otherwise dealt with for any reason without our express written permission.
- You must not:
- link to our website without prior permission.
- use the site for any unlawful purpose or in a way which infringes the rights of another person or restricts or inhibits another user’s use and enjoyment of the site.
- use the site in a way that interrupts, damages, impairs or renders the service less efficient.
- use data mining, scraping or extraction tools on the website.
- metatag or mirror our site.
- authorise encourage or assist any other person to copy, modify, reverse engineer, decompile, disassemble, alter or interfere with any software (including source code), databases and other technology provided through the site.
- misuse the site by knowingly introducing viruses, trojans, worms, logic bmobs or other material which is malicious or harmful.
- We will not be responsible for any loss or damage cause by reason of viruses introduced to our site and/or by reason of hacking of our site.
- You must not do any act which is deemed, in our absolute discretion, unlawful or which is prohibited by any laws including:
- Misuse of our intellectual property;
- Defaming or libelling us, our employees or other individuals;
- Uploading files which contain viruses that may cause damage to us; and
- Posting or transmitting to this website any non-authorised material including material that is, in our opinion, likely to cause annoyance or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or network security.
- We may terminate or suspend your account immediately, without prior notice, for any reason whatsoever. Upon termination your right to use our website will immediately cease.
- On termination you will:
- Remain liable for any accrued charges and amounts which were due for payment before or after termination;
- Immediately cease to use our product and services; and
- We shall not be liable to you or any third party for any alleged loss or damage arising out of termination or suspension.
- Those terms of this agreement which should survive termination will survive termination including, without limitation, ownership provisions, warranties, disclaimers, indemnities and limitations of liability.
H Disclaimers, limitations and exclusions
- Information appearing on this website or in respect of any Products is provided by us as general information and is not in the nature of advice.
- Your use of information on the website and any Products is entirely at your own risk.
- We provide no guarantees, conditions or warranties as to the accuracy of any content appearing on, or accessible through, the website. Further, any content appearing on the site is not in the nature of legal advice and should not be relied upon.
- Although we take care to ensure that any information/material you provide to us is safe, we do not warrant the security of such information.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded.
- We make no representation or warranty that any product or service you may choose through this website will meet your needs.
- We accept no liability for any damage to your computer system arising from use of this site and any services connected with it.
- We may provide advertising or links to other websites. You agree that:
- we are not responsible for the content of third parties whether appearing on this site or accessible through this site.
- we are not a party to any transactions entered into between you and any third parties as a result of using this site.
- you will not involve us in any dispute you may have with third parties whom you may encounter through the use of this site.
- we are not liable to you in respect of any loss or damage which you may suffer by engaging with third parties through the use of this site.
- If you are a consumer within the meaning of the Competition and Consumer Act (Australia), we limit all direct and indirect liability, including consequential loss, to the Consumer Guarantees as defined in the Competition and Consumer Act (Australia). Where a Consumer Guarantee has been breached we limit our liability to the repayment of any moneys paid by you, the supply of the service again or the cost of providing the service again.
- By using our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the website.
J Entire Agreement
K Dispute Resolution
- The parties agree to use reasonable endeavours acting in good faith to resolve any dispute arising in connection with this Agreement (“Dispute”) as soon as reasonably possible.
- If the parties cannot resolve the Dispute within 14 days a party may give notice to the other describing the Dispute and requiring its resolution under this clause, in which case the parties will refer the Dispute to mediation by a NSW Law Society approved mediator who is:
- Appointed by agreement between the parties; or
- Otherwise appointed by the President of the NSW Law Society (on the application of any party).
- With the exception of urgent injunctive relief, no party may commence proceedings in any court until the provisions of this clause have been complied with.
- These Terms are to be governed by, and construed in accordance with, the laws of New South Wales and you agree to submit to the jurisdiction of New South Wales in the event of a dispute arising.
- If any part of these terms is disallowed or found to be ineffective, the other provisions will continue to apply.
- Any failure by us to exercise or enforce any right or provision under these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged in writing by us.
- Any notice, pursuant to or arising from these terms, which you intend to provide us must be delivered to the following address:
Genesis CO. Pty Ltd (ACN 619 134 931)
Suite 6.01, 55 Miller Street Pyrmont NSW 2009, Australia
- Any notice, pursuant to or arising from these terms, provide by us to you will be delivered to your last known physical address or last known email address.