This agreement is a contract between the customer (you) and Bodytonix, a business of A C Zibara ABN 29 037 855 230 (for the purposes of these Terms and Conditions, Bodytonix). These terms and conditions apply to the ordering, purchase, fulfillment and delivery of goods from www.bodytonix.com.au
The following apply to these Terms and Conditions
Business Days means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for Bodytonix.com.au
Shipping means the fees charged by the Delivery Agent of Bodytonix.com.au for the delivery of Goods as ammended from time to time.
Goods means the items offered for sale, described or displayed on the Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Order means a request by you to purchase Goods from Bodytonix.com.au in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.bodytonix.com.au.
Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.
We or Us or Our or Bodytonix.com.au means A C Zibara (ABN 11 827 534 053).
You or Your means you as the purchaser of Goods from Bodytonix.com.au pursuant to these Terms and Conditions
Compliance with Terms and Conditions
Compliance with Terms and Conditions
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you place will be a separate and binding agreement between you and Bodytonix with respect to the supply of Goods, in accordance with these Terms and Conditions
No Warranty; Disclaimer
3.1 Bodytonix is providing this site and its contents on an ``as is`` basis. Bodytonix and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, ``affiliates``) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a ``Linked Site``) and the uninterrupted and error-free use of this site. Bodytonix and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Bodytonix and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Bodytonix or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
3.2 The products, information, services, information and advice on live chat and other content provided on and through this site, including without limitation any products, information, e-mails, facsimilies, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional.
3.3 You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
3.4 Unless otherwise indicated on this site, Bodytonix does not endorse or recommend any product or service offered, advertised or sold on or through this site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. Bodytonix is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Bodytonix expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this site.
3.5 Price and availability information on this site is subject to change without notice.
Limitation of Liability
4.1 Bodytonix and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Bodytonix and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.
4.2 Notwithstanding the foregoing, the sole and entire maximum liability of Bodytonix and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Bodytonix on this site.
4.4 You agree to indemnify, defend and hold harmless Bodytonix and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of products purchased on this site which contain substances not compliant with Australian Anti Doping Agency (ASADA), or any other agencies related to a sport, workplace or profession.
All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.
Placing Orders for Goods
Placing Orders for Goods
5.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
5.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order.
5.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply as set out on the Website from time to time
5.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Bodytonix will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. You also agree to obtain consent to provide Bodytonix any personal details for nominated recipients of gifts.
5.5. You may Order from Bodytonix if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
5.6 Bodytonix reserves the right to accept or reject your Order for any reason at any time.
5.7 When we accept an Order, it represents an agreement by Bodytonix to supply you the Goods in accordance with the Order and these Terms and Conditions.
5.8 In the event that we reject an Order under clause 5.6, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Bodytonix will not be liable to you for your loss or that of any third party for the rejection of an Order.
5.9 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavors to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Bodytonix is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
5.10 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order under clause 3.1 and we will notify you of that rejection via phone or email within five (5) Business Days after the placement of the Order. Bodytonix will not be liable to you for your loss or that of any third party for the rejection of an Order.
5.11 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made. You must check your shopping card carefully prior to submitting your Order with us. For terms regarding cancellations or returns of Orders, see the ``Order cancellation and returns`` section (clause 17) of these Terms and Conditions.
5.12 You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre in regards to your Order.
5.13 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Bodytonix reserves the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right to refuse any order without giving reason. Our Customer Service policy means that we will communicate this to you at our first opportunity and without hesitation.
5.14 All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. To ensure your online safety we may require additional verifications or information before accepting any order. If this does occur please see it as an indication of our commitment to serve you in the best manner possible.
5.15 The purchaser is responsible for inspecting ordered items for fault and notifying Bodytonix within 3 working days of receiving the goods should there be a fault.
5.16 We can only ship items to the address that has been provided to us. In the case of an incorrect address being entered into our system, and the item is then sent to that address, we will do our utmost to attempt to retrieve the item and have it redirected to the correct address. If this is not a possibility, it is the responsibility of the purchase to make contact with the appropriate transport service to attempt to recover said parcel. We are not responsible for replacing any item that has either been lost or is irretrievable as a result of this. It is the purchaser's role to ensure the correct address is entered into our system upon purchase, or as per our Returns & Cancellation Policy, advise email@example.com that an address change needs to be made within the 6 hour window that we have specified.
Availability of Goods
6.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Bodytonix will use reasonable endeavours to either source the Goods, or contact you within five (5) Business Days to either arrange a full or partial refund, or change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you, or come to an alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the Price paid for the Goods. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Bodytonix is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
6.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Subject to clause 6.3, Bodytonix will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
6.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that Good within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Bodytonix is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
6.4. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 3. If applicable, Bodytonix will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy.
6.5 You acknowledge and agree that:
1. (a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
2. (b) you have read any corresponding written description of the Goods prior to submitting your Order;
3. (c) the colour of Goods as shown on the Website may vary slightly in shade in real life;
4. (d) where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and
5. (e) any accessory featured with the Goods is for illustration purposes only, and may be sold separately.
Your Usage of Site; Termination of Usage
7.1 You agree to maintain the security of your account on the site, including the security of your password or other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Bodytonix.
7.2 You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
7.3 You further agree that you will not access by any means except through the interface provided by Bodytonix for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Bodytonix and its affiliates, are responsible for compliance with applicable local laws.
Usage by Minors
8.1 Because of the nature of the World Wide Web, Bodytonix cannot prohibit minors from visiting this site. Bodytonix must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. Bodytonix requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to Bodytonix be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental consent as further set forth in our Privacy and Child Protection Policy.
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term ``including`` shall be deemed to be followed by the words ``without limitation.``
Entire Agreement; Amendments
The failure of Bodytonix or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The ``No Warranty; Disclaimer`` and ``Limitation of Liability`` provisions of this agreement are for the benefit of Bodytonix and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Privacy and Child Protection
Bodytonix respects the privacy of its users in accordance with the terms of Bodytonix Privacy and Child Protection Policy. Bodytonix reserves the right to monitor the site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent Bodytonix, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the site, or (iii) to protect the rights or property of Bodytonix or its affiliates.
12.1. General Information
When you use the Web site some basic general information is collected. This information is used to improve the Web site and make your use of the Web site as enjoyable and efficient as possible. This general information is used internally in connection with Bodytonix business, including Bodytonix personal, marketing and advertising efforts.
12.2 Personal Information
When you set up an account on the Web site or purchase an item from the Web site, we collect personal information (which you provide) that may include your: (i) first and last name; (ii) billing address; (iii) shipping address; (iv) other shipping addresses; (v) email address; (vi) phone number; (vii) credit card account number; (viii) items purchased from us; and (ix) browsing, buying and selling patterns (collectively, ``Personal Information``).
12.3 Use/Sharing of Personal Information
Your name, shipping and billing addresses, and credit card number(s) are used by Bodytonix in order to provide you with the goods that you purchase on the Web site. We use your email address to provide you with information about your order and its status, and we may occasionally send out emails, including newsletters, to people who have placed an order online.
Your phone number is used by Bodytonix in the event that our representatives need to contact you about an order you have placed. It is also used when marking packages for delivery, to ensure you are contactable by our delivery service should delivery difficulties be experienced. Personal Information is used internally in connection with Bodytonix business, including Bodytonix promotional, marketing and advertising efforts, in a manner which does not readily identify a user to any third party.
12.4 Collecting Information From Children Younger than 16
Bodytonix does not knowingly collect or use any Personal Information from children younger than 16 years of age without obtaining verifiable parental consent.
12.5 Credit Card Security
The Internet is a vast network of computers. Because the data passes from computer to computer, some Internet shoppers worry that unauthorized persons may intercept the data and gain access to credit card numbers, but shopping on a secure site is actually safer than handing a credit card to a waiter in a restaurant. Information is also collected by our payment gateway service providers. No data transmission over the internet can be guaranteed as totally secure, however, taking the steps below will lower the chances of interception of your credit card number:
Limit your online shopping to Internet merchants, such as Bodytonix, with sites equipped with Secure Sockets Layer (SSL) technology. SSL prevents unauthorized people from intercepting your data. Use a browser, such as Google Chrome, Safari or Internet Explorer, which supports SSL. These browsers show a symbol in the status bar, such as a key or lock, when you are on a site that uses SSL. Most banks will cover the cost of fraud resulting from unauthorized use of your credit card or may limit your liability. Credit card information collected by Bodytonix is encrypted through Secure Sockets Layer before it is transmitted over the Internet.
Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmitted information, we will take reasonable steps to preserve the security of the transmitted information.
Price and Payment
PRICES SHOWN ON THE WEBSITE ARE ONLINE STORE ONLY. THEY MAY NOT APPLY TO IN-STORES OR OTHER WEBSITES.
13.1 The Price in respect of a Good is specified on the Website.
13.2 Bodytonix reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in apply).
13.3 In respect of any Order, we will charge you and you agree to pay:
1. (a) the Price (which is the Price at the time the Order is submitted); and
2. (b) subject to clause 12, the Delivery Fee.
13.4 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card, Pay Pal. When paying by credit card, you authorise Bodytonix to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
13.5 Layby is not available for purchases made on the Website.
13.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Bodytonix before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
13.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
13.8 You will receive a tax Invoice by email once payment in respect of your Order has been processed.
13.9 Where an Order is split in accordance with clause 12, you may see two separate transactions on your payment statement. You may also be charged additional Delivery Fees in accordance with clause 12.
14.1 Bodytonix uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
14.2 DELIVERY TIMES
The delivery times provided by Bodytonix are estimates only. We aim to have all orders dispatched by the next day however we are not responsible for delays that may be incurred by any courier service we use. In the event that multiple items are ordered, part deliveries may be made where stock is not available. Our customer service representatives will do absolutely everything they can to contact you on the details provided. To ensure prompt delivery, please make sure you enter the correct delivery address. If you think you may not be home at the time of delivery it may be advantageous to use your place of employment instead of home. Bodytonix cannot be held responsible for incorrectly entered delivery addresses.
· Within WA: 1-3 working days with EXPRESS, 3-7 working days with STANDARD post. This depends on where you live. Some remote areas could possibly take longer.
· » All Other States: Usually around 1-2 working days. This depends on where you live. Some places in QLD may take up to 5-7 days with EXPRESS.
From time to time, Bodytonix may not be able to achieve the delivery time frames in clause 14.2. You acknowledge and agree that notwithstanding anything else in this clause:
(a) Bodytonix cannot guarantee that delivery will occur in the delivery time frames specified in clause 14.2;
(b) delivery time frames may change from time to time due to unforeseen circumstances; and
(c) Bodytonix is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery. Bodytonix will contact you if there will be a delay in delivery.
(d) Bodytonix is not liable for any lost or stolen packages during transit once the item has been dispatched to the shipping address provided by the customer (tracking provided). Once the items have been handed over to Australia Post, it is solely Australia Post's responsibility to get the items safely to you. Any items lost or stolen during transit, the customer is to follow up with Australia Post, and a case generated for investigation by calling them on 13 76 78. Bodytonix has a zero refund policy for lost, stolen or untraceable items once a tracking number has been provided.
14.3 INTERNATIONAL CUSTOMS
Bodytonix is not responsible for any overseas customs regulations
· » We are not responsible for confiscation's from customs agents and we will not misrepresent the contents on the custom forms. We will not assume any liability once the package reaches customs and beyond. Please see our FAQ for more information.
· » Please check the customs office or health department of your country to be sure of anything you order before attempting to import it.