Terms and Conditions

In these terms and conditions, “we” “us” and “our” refers to Toni Gerdelan t/a Whole Food

Nutritionista. Your access to and use of all information on this website including purchase of our

product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any

amendments will represent your agreement to be bound by these terms and conditions as

amended. We therefore recommend that each time you access our website you read these terms

and conditions.

Our Website Services

1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to

purchase through our website, you acknowledge that you are over 18 years of age.

2. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to

ensure that our price list is current. Our price list can be accessed from our home page and

we reserve the right to amend our prices at any time. If you have placed an order and we do

not have sufficient stock to full your order, we undertake to fulfil your order at the price

listed at the time you ordered.

Product Descriptions

3. We strive to ensure that our products are described as accurately as possible on our website,

however we do not warrant that the description is accurate. Where we become aware of any

misdescription, we reserve the right to correct any error or omission.

4. Images have been provided for illustrative purposes only and we do not guarantee that any

image will reproduce in true colour nor that any given image will reflect or portray the full

design or options relating to that product.

Product Orders

5. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to

purchase through our website, you acknowledge that you are over 18 years of age.

6. We endeavour to ensure that our product list is current however we give no undertaking as to

the availability of any product advertised on our website.

7. All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can be

accessed from our home page and we reserve the right to amend our prices at any time.

8. Packaging and postage is an additional charge, calculated at time of purchase.

9. When you order from us, we require you to provide your name, address for delivery, your

email address, telephone contact and credit card details. We undertake to take due care with

this information; however in providing us with such information you accept that we are not

liable for its misuse due to error in transmission or virus or malware.

10. We undertake to accept or reject your order within Seven (7) days. If we have not responded

to you within Seven (7) days, your offer is deemed to be rejected. We are not required to

give reasons for rejecting your offer to purchase however the most likely reason for rejecting

your offer will be that we do not currently have that product in stock.

11. Once you have submitted an order, you may not cancel that order even if our acceptance or

rejection of your offer is still pending.

12. Delivery of your ordered product/s will be as set out on our website. Title in the goods

passes to you when we have received payment. Our terms of payment are set out on the

order page.

13. All risk of loss or damage to the goods passes to you when we despatch the goods.

Product Returns

14. We undertake to reimburse you for any product delivered to you that is faulty or is in a

damaged condition. If you wish to return a faulty or damaged product, you must notify us

through our designated “contact us” webpage where we set out our requirements relating to

return of such goods.

15. If we are unable at the time of return to replace or exchange returned goods, we undertake to

reimburse your credit card for the amount initially debited for the purchase including

packaging and postage charges.

Site Access

16. When you visit our website, we give you a limited licence to access and use our information

for personal use.

17. You are permitted to download a copy of the information on this website to your computer

for your personal use only provided that you do not delete or change any copyright symbol,

trade mark or other proprietary notice. Your use of our content in any other way infringes

our intellectual property rights.

18. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy,

reproduce, republish, distribute or display any of the information on this website without our

prior written permission.

19. The licence to access and use the information on our website does not include the right to use

any data mining robots or other extraction tools. The licence also does not permit you to

metatag or mirror our website without our prior written permission. We reserve the right to

serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

20. This website may from time to time contain hyperlinks to other websites. Such links are

provided for convenience only and we take no responsibility for the content and maintenance

of or privacy compliance by any linked website. Any hyperlink on our website to another

website does not imply our endorsement, support, or sponsorship of the operator of that

website nor of the information and/or products which they provide.

21. You may link our website without our consent. Any such linking will be entirely your

responsibility and at your expense. By linking, you must not alter any of our website’s

contents including any intellectual property notices and you must not frame or reformat any

of our pages, files, images, text or other materials.

Intellectual Property Rights

22. The copyright to all content on this website including applets, graphics, images, layouts and

text belongs to us or we have a licence to use those materials.

23. All trade marks, brands and logos generally identified either with the symbols TM or ®

which are used on this website are either owned by us or we have a licence to use them. Your

access to our website does not license you to use those marks in any commercial way without

our prior written permission.

24. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us

through this website becomes our property. If in future we use your Comments in promoting

our website or in any other way, we will not be liable for any similarities which may appear

from such use. Furthermore, you agree that we are entitled to use your Comments for any

commercial or non­commercial purpose without compensation to you or to any other person

who has transmitted your Comments.

25. If you provide us with Comments, you acknowledge that you are responsible for the content

of such material including its legality, originality and copyright.

Disclaimers

26. Whilst we have taken all due care in providing the information on our website, we do not

provide any warranty either express or implied including without limitation warranties of

title or implied warranties of merchantability or fitness for a particular purpose.

27. To the extent permitted by law, any condition or warranty which would otherwise be implied

into these terms and conditions is excluded.

28. We also take all due care in ensuring that our website is free of any virus, worm, Trojan

horse and/or malware, however we are not responsible for any damage to your computer

system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

29. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.

Under the C&C Act we are a supplier of either goods or services or both to you, and as a

consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and

Conditions are:­

(i) Schedule 2 of the C&C Act; and

(ii) those statutory guarantees, all of which are given by us to you if you are a

30. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or

services then we give you a warranty that at the time of supply of those goods or services to

you, if they are defective then:­

(ii) Provide again or rectify any services or part of them that are defective; or

(iii) Wholly or partly recompense you if they are defective.

31. As a consumer under the C&C Act you may be entitled to receive from us notices under

Schedule 2 section 103 of the C&C Act. In that regard:­

consumer.

(i) We will repair or replace the goods or any part of them that is defective; or

(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the

goods or services we are providing relate to the repair of consumer goods then we

will give you any notice which we are obliged to give you under Schedule 2 section

103 of the C&C Act.

(ii) If we are a repairer of goods capable of retaining user­generated data then we

hereby give you notice that the repair of those goods may result in the loss of the

data.

(iii) If we are a repairer and our practice is to supply refurbished goods as an alternative

to repairing your defective goods or to use refurbished parts in the repair, then we

give you notice that the goods presented by you to us for repair may be replaced by

refurbished goods of the same type rather than being repaired. We also give you

notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

32. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause

applies to you. If you are a consumer within the meaning of the C&C Act then this clause

has no effect whatsoever to in any way limit our liability or your rights. If you are not a

consumer:­

(ii) We accept no liability for any loss whatsoever including consequential loss

(iii) We do not accept liability for anything contained in the post of a user or in any

(iv) We do not participate in any way in the transactions between our users.

Indemnity

33. By accessing 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 our website.

Force Majeure

34. If a Force Majeure event causing delay continues for more than thirty (30), we may terminate

this Agreement by giving at least seven (7) Notice to you. “Force Majeure” means any act,

circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

35. These terms and conditions are to be governed by and construed in accordance with the laws

of new south wales and any claim made by either party against the other which in any way

arises out of these terms and conditions will be heard in new south wales and you agree to

submit to the jurisdiction of those Courts.

36. If any provision in these terms and conditions is invalid under any law the provision will be

limited, narrowed, construed or altered as necessary to render it valid but only to the extent

necessary to achieve such validity. If necessary the invalid provision will be deleted from

these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

37. We undertake to take all due care with any information which you may provide to us when

accessing our website. However we do not warrant and cannot ensure the security of any

information which you may provide to us. Information you transmit to us is entirely at your

own risk although we undertake to take reasonable steps to preserve such information in a

secure manner.

38. Our compliance with privacy legislation is set out in our separate Privacy Policy which may

be accessed from our home page.

(i) To the full extent permitted by law, our liability for breach of an implied warranty

or condition is limited to the supply of the services again or payment of the costs of

having those services supplied again.

suffered by you arising from services we have supplied.

form of communication which originates with a user and not with Us.

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