1.    General 
1.1.    This Eco Nut Health Food Store site at www.econuthealthfoods.com.au is a shopping website where you can browse, select and order products advertised on the Website from Eco Nut Health Foods Store ABN 432 001 165 44
1.2.    Please read these Terms and Conditions before accessing or using the Website. 
1.3.    Your access to and use of the Website, including your order of Products through the Website, is subject to these Terms and Conditions.
1.4.    By accessing and using the Website, including placing orders of Products through the Website (Orders), completing your registration through the Website or using the Website to obtain Products from us, you agree that you will be subject to and will comply with these Terms and Conditions (including our privacy policy).
1.5.    We may use your personal information for the purposes of marketing, review and feedback, competitions and any other promotions operated by us.  We will not disclose your personal information to any third parties, except where required by law.

2.    Representation of Products
2.1.    We aim to provide up-to-date pictures and details of the Products sold via our website. At times, the picture or details of the Products may differ from the Products actually supplied to you. We use our best endeavours, but do not warrant the accuracy of the information contained about the Products, descriptions and pictures, and recommend that you read labels carefully before consuming Products, together with any product specific updates on the Product details page for that item on the Website or within your order confirmation email.
2.2.    All Products sold by us are done so on a unit basis. That is, there is a single price for that particular item. Even those items that naturally vary in weight are still sold at a unit price. The unit price and the price per kilogram of these variable weight items are expressed on the website based on the minimum weight of that item. All variable weight items will always be equal to or weigh more than the labelled minimum weight so you will never receive a pack that weighs less than you have paid for.

3.    Placing an Order for Products
3.1.    You may order Products by selecting and submitting your Order through the Website in accordance with these Terms and Conditions.
3.2.    Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
3.3.    We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Website.
3.4.    You agree to provide us with current, complete and accurate details when asked to do so by the Website.
3.5.    We will provide you with an electronic version of your tax invoice with the total price for the Products, including credits applied and any other fees and GST when applicable. All prices are in Australian dollars.

4.    Acceptance or rejection of an Order 
4.1.    We reserve the right to accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Website or an error in your Order.
4.2.    Each Order placed for Products through the Website that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these Terms and Conditions.
4.3.    If we reject an Order placed through the Website, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.

5.    Minimum and maximum amounts in each Order
5.1.    Unless otherwise indicated on the Website: 
5.1.1.    you may only obtain up to 10 items of a particular product in each Order (there may be lower limits for particular Products. We will inform you of these limits on the Website when you place the Order or within a reasonable time after you submit your Order); and
5.1.2.    the minimum purchase amount for each Order is $0.00 excluding the Delivery Fee.
5.2.    You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of items you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order.
5.3.    If you wish to place an Order that differs from our ordering requirements, then you will need to contact our customer service on 0433405061or hello@econuthealthfoods.com.au during contact hours. If we agree to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 6 days between ordering and delivery or such other time that we notify you of at the time we accept your Order.
5.4.    If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.

6.    Delivery of Products 
6.1.    We will deliver the Products to your requested Delivery Address via Australia Post or hand delivered locally, determined at our discretion.
6.2.    If there is no one or no appropriate person at the Delivery Address to receive the Order or, if you are required to be present at the time of delivery and you are not present at that time, then: 
6.2.1.    Our delivery agent may not deliver the Products you have ordered; 
6.2.2.    the Order may be returned to us at the discretion of the delivery agent; and
6.2.3.    you will not be refunded or credited any amount in consideration of an undeliverable Order.
6.3.    Risk of the Products shall pass to you upon delivery of the Products in accordance with this Clause.  We shall not be liable in respect of spoiled goods, theft of goods, or otherwise.
6.4.    By confirming your Order, you grant us (including our officers, employees, contractors and agents) an authority to leave. You agree to continually indemnify and hold us harmless (including our officers, employees, contractors and agents) from any loss suffered or incurred through the delivery of the Products. Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
6.5.    You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your Order.

7.    Bulk Orders 
7.1.    If we classify an Order as a “Bulk Order”, your Order may attract a handling charge depending on the size of your Order. Examples of orders that we classify as “Bulk Orders” are as follows: 
7.1.1.    Order of Products over normal retail quantities;
7.1.2.    Orders that total over 250kg will be subject to a bulk delivery fee, as they require special handling and transport allocation;
7.1.3.    Multiple orders placed during any 7 day period that combined volume meets or exceeds the bulk order criteria.
7.2.    If your Order is a Bulk Order, we will contact you as soon as possible after the placement of your Order to advise you of the exact handling charge payable in respect of your Order.
7.3.    If you are unsure whether your Order is a Bulk Order and would like to find out the exact handling charge payable in respect of your Order before you place your Order, please contact our customer service officer on 0433405061 or email hello@econuthealthfoods.com.au   
7.4.   To enable us to service you better, we request that you contact our customer service centre on on 0433405061 or email hello@econuthealthfoods.com.au,
seven (7) days prior to the placement of any Bulk Orders to allow us to ensure that the appropriate stock is ordered and available for your requirements.

8.    Fraud and risk assessment 
We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from Eco Nut Health Foods, please contact us on on 0433405061 or email hello@econuthealthfoods.com.au   

9.    Risk and title 
9.1.    Risk in the Products passes to you on the date and time we dispatch your Order to your Delivery Address. 
9.2.    Title to the Products passes to you on the later of the date and time of: 
9.2.1.    payment for those Products;
9.2.2.    dispatch of those Products to your Delivery Address; or
9.2.3.    delivery of those Products to the Delivery Address,
whichever is the earlier event.

10.    Cancelling an Order 
10.1.    We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if: 
10.1.1.    the requested Products in that Order are not available; or
10.1.2.    there is an error in the price or the product description posted on the Website in relation to the relevant Product in that Order; or
10.1.3.    that Order has been placed in breach of these Terms and Conditions.
10.2.    If we cancel an Order: 
10.2.1.    Where a Product is unavailable or there is a pricing or product description error, we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means;
10.2.2.    Where you are in breach of these Terms and Conditions, we will provide you with reasonable notice of that cancellation. If your Order is cancelled before the day of delivery or collection, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means. 
10.2.3.    If your Order is cancelled on the day of delivery or collection, provided we are not also in breach of these Terms and Conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made, in addition to the charges for any perishable Products that were ordered. If any payment has been made in excess of $20 plus the charges for any perishable Products that were ordered, we will refund that excess amount to your original payment method or through an alternative means.
10.3.    You may cancel an Order, whether it is accepted by us or not: 
10.3.1.  By contacting our customer service on on 0433405061 or email hello@econuthealthfoods.com.au   
during Contact Hours and obtaining an authorisation cancellation code, up to 48 hours before the dispatch of such Order.  If so, no fees or charges will apply to that cancellation; or
10.3.2.    in all other circumstances, you are not permitted to cancel an Order and will be liable for full payment of that Order, whether we choose to deliver the Order.
10.4.    If you cancel an Order under Clause 11.3.1 in respect of which we have taken payment, then the full payment amount, including any Delivery Fee and other fees and charges will be refunded to your original payment method or through an alternative means.

11.    Fees and charges 
11.1.    We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable): 
11.1.1.    the purchase price of each Product that is ordered; and
11.1.2.    the delivery fee provided to you at the time you selected the relevant delivery window when placing your Order (“Delivery Fee”); and
11.1.3.    any other fees and charges set out in these Terms and Conditions.
11.2.    All fees and charges identified in these Terms and Conditions and all prices for the Products include GST where applicable.
11.3.    You acknowledge that all pricing displayed on the Website may differ depending on the postcode you have selected (for example, the price for a Product in Sydney may differ to the price for that same Product in Melbourne).
11.4.    Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these Terms and Conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.
11.5.    If a Product that you have ordered is not available and we have not provided you with a substitute then we will provide you with a refund within 3-5 business days to your card of purchase to the value of the Products (excluding delivery) that were not supplied to you.

12.    Payment methods 
12.1.    You must pay the amounts due under Clause 12.1 at the time of placing your Order on the Website.
12.2.    We accept the following type of payment: 
12.2.1.    Visa and Visa Debit;
12.2.2.    MasterCard and MasterCard Debit;
12.2.3.    Direct deposit (EFT).

12.2.4     PayPal Australia
12.3.    If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.
12.4.    You authorise us to debit the amount that is payable for an accepted Order from your nominated payment method to pay for the fees and charges.
12.5.    You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
12.6.    We will provide you with a receipt at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the Order and the out of stock products including the dollar value refunded to your card of purchase.

13.    Substitution or missing items in delivery 
13.1.    You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
13.2.    If there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a refund to your card of purchase or coupon for the Products that were not supplied.
13.3.    In all other circumstances, you may contact customer service on 0433405061 0r email hello@econuthealthfoods.com.au during Contact Hours within 24 hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, we shall provide you with a credit to your relevant card account within 3-5 business days for the Products that were charged but not delivered to you.

14.    Returns 
14.1.    If you wish to return a Product, then you may contact our customer service within 24 hours of receipt of goods, on 0433405061 0r email hello@econuthealthfoods.com.au to make arrangements to return that Product and receive a return authorisation code. Please note that we do not exchange products or return for change of mind. If a return is granted, products must be returned within 7 days from date of notification/acceptance by Eco Nut Health Foods of the return.  All shipping and return costs are the responsibility of the customer. Upon confirmation Eco Nut Health Foods that the Product has been received, we will refund your card of purchase with the funds being available within 3-5 business days.
14.2.    Our policy in relation to the return of a Product applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under these Terms and Conditions is otherwise limited as set out in Clause 20 below.

15.    General restrictions 
15.1.    You must not:
15.1.1.    use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
15.1.2.    use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Website;
15.1.3.    make fraudulent or speculative enquiries, purchases or requests through the Website;
15.1.4.    use another person’s details without their permission or impersonate another person when using the Website;
15.1.5.    post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
15.1.6.    tamper with or hinder the operation of the Website;
15.1.7.    knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
15.1.8.    use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website;
15.1.9.    modify, adapt, translate or reverse engineer any portion of the Website;
15.1.10.    remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;
15.1.11.    reformat or frame any portion of the web pages that are part of the Website;
15.1.12.    create accounts by automated means or under false or fraudulent pretences;
15.1.13.    use the Website to violate the security of any computer or other network or engage in illegal conduct;
15.1.14.    take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
15.1.15.    use the Website other than in accordance with these Terms and Conditions; or
15.1.16.    attempt any of the above acts or engage or permit another person to do any of the above acts.

16.    Suspension of account 
16.1.    We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these Terms and Conditions or have used the Website in a fraudulent or improper manner. We also reserve the right to otherwise cancel Orders in accordance with Clause 11.
16.2.    If we lock, suspend or delete your account under Clause 18.1, then we will refund all credits that you are entitled to receive under these Terms and Conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

17.    Warranties 
17.1.    You warrant that:
17.1.1.    all information and data provided by you to us through the Website (including as part of the customer registration or guest checkout process) or otherwise is true, accurate, complete and up to date;
17.1.2.    the person receiving the Products at the Delivery Address on your behalf is authorised by you to do so; and
17.1.3.    you have and will comply with all relevant laws relating to your use of the Website and your placement of any Order to us.

18.    Liability 
18.1.    Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
18.2.    Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liability under those provisions:
18.2.1.    we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions; and
18.2.2.    we will not be liable to you for indirect and consequential loss arising from or connected to these Terms and Conditions in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
18.3.    Our liability to you for loss or damage of any kind arising out of these Terms and Conditions or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

19.    Termination 
19.1.    We may immediately suspend, terminate or limit your access to and use of the Website and (where relevant) your account if you breach these Terms and Conditions and: 
19.1.1.    the breach cannot be remedied; or
19.1.2.    you fail to the remedy the breach within 10 days of our notice to you of that breach; or
19.1.3.    if there is an emergency.
19.2.    You may stop using the Website at any time and for any reason.
19.3.    We may stop making the Website (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

20.    Intellectual property rights 
20.1.    You: 
20.1.1.    acknowledge that the copyright in the Website, the software, design, text and graphics comprised in the Website, the selection and layout of the Website and the content and materials on the Website (together, the Materials) are owned by or licensed to us;
20.1.2.    must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
20.1.3.    must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

21.2.    You may: 
21.2.1.    store a reproduction of the content on the Website on your local computer for the sole purpose of viewing the content and Materials; and
21.2.2.    print hard copies of the content and Materials for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.
21.3.    This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Website or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Website that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

22.    Changes to these Terms and Conditions 
22.1.    We may change these Terms and Conditions at any time, and such modifications will be effective as soon as they are posted to the Website. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
22.2.    If you have an Order that has been accepted by us, the Terms and Conditions that will apply to the Order are the Terms and Conditions that applied at the time you placed your Order.

23.    General 
23.1.    The Website may contain links to external websites that are not operated by us or our related bodies corporate. 
23.2.    These links are provided for your convenience only and you agree that:
23.2.1.    we make no representations or warranties, or have any responsibility or liability for those websites; and
23.2.2.    these links do not indicate, expressly or impliedly, that we endorse the Website or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
23.3.    If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms and Conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms and Conditions or is contrary to public policy.
23.4.    These Terms and Conditions are governed by the laws of Western Australia, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these Terms and Conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
23.5.    We attempt to be as accurate as possible and uses our best endeavours to ensure, but do not warrant, that any information provided by our suppliers, including in relation to product descriptions or other content of the Website, is accurate, complete, reliable, current or error-free.

24.    Definitions 
24.1.    Capitalised terms used are defined in these Terms and Conditions. In these terms:
24.1.1.    Contact Hours means customers may contact us, Monday to Friday 8.00 am WST– 8.00 pm, Saturday 9.00 am to 4.00 pm and Sunday 10.00 am to 2pm Australian Western Standard Time.
24.1.2.    Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these Terms and Conditions.
24.1.3.    GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
24.1.4.    LoginID means the email address that you provided to us as part of the registration process to use the Website.
24.1.5.    Order means any order for a Product or Products submitted using the Website.
24.1.6.    Product means each good that is advertised on the Website.

Terms and Conditions

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