SweetFit Pty Ltd Terms and Conditions of Sale
The web site www.sweetfit.com.au and any products or services sold by SweetFit Pty Ltd are governed by the following terms and conditions.
The following is the Agreement which applies to your use of web pages, software, networks and processes associated with the Website, including the purchase of Goods using the online purchase service operated by SweetFit Pty Ltd. By browsing through the Website, or opening an Account, you agree to the terms of this Agreement. Please note that the Agreement may be amended in the future and you should review it every time you access the Website.
1.1 In these terms and conditions:
“Account” means the personalised account created by you on the Website enabling the Order of Goods.
“Agreement” means these terms and conditions, including the terms of any Order placed by you through the Website (if applicable).
“Goods” means any products described in an Order and includes packaging.
“Intellectual property” means all rights in patent, copyright, trade names, trade marks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Website.
“Order” means a request submitted by you to purchase Goods from SweetFit Pty Ltd through the Website.
“Restricted Material” means any product displayed for sale on the Website, the sale of which is restricted to persons of a certain age.
“Website” means the internet site located at www.sweetfit.com.au operated by SweetFit Pty Ltd
“Customer” means the person or legal entity identified in SweetFit Pty Ltd quote, invoice or sale document.
“Contract” means a contract for sale by SweetFit Pty Ltd to the Customer of the products and/or services incorporating the Terms and Conditions.
1.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. All references to dollar amounts are references to Australian dollars.
2. Specific Warnings
2.1 You must ensure that your access to, or use of, the Website is not illegal or prohibited by laws which apply to you.
2.2 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. SweetFit Pty Ltd takes no responsibility for any such damage which may arise in connection with your use of the Website.
3. Linked Wet Sites
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. SweetFit Pty Ltd will not be responsible for the content or privacy practices associated with linked web sites.
4. Customer Account
4.1 You must create an Account before placing an Order for Goods through the Website.
4.2 You warrant that all information and data provided by you in the creation of your Account is accurate and up to date.
4.3 You must notify SweetFit Pty Ltd immediately if you become aware of any unauthorised use of your password or of any other security breach relating to your Account. [Back to top]
5.1 SweetFit Pty Ltd takes no responsibility for the content of any Goods purchased through the Website.
5.2 You warrant that, if your Order includes Restricted Material, you are eligible to purchase such Goods.
6.1 Prices displayed on the SweetFit Pty Ltd website are subject to change without notice. Prices for items on an order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.
6.2 All pricing displayed on the Website is for online purchases only and may not be matched at any physical SweetFit Pty Ltd retail location.
6.3 All pricing displayed in any or all physical SweetFit Pty Ltd retail locations may not be matched by the Website.
6.4 You agree to pay the delivery charges specified at the time you submit your Order. [Back to top]
7.1 You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and pressing the “Complete Order ”button. Orders will be deemed to have been received by SweetFit Pty Ltd at the time SweetFit Pty Ltd sends an Order confirmation to your nominated e-mail address.
7.2 Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.
7.3 SweetFit Pty Ltd reserves the right to not accept Orders that request commercial quantities of Goods. If SweetFit Pty Ltd is unable to supply your total Order this Agreement will apply to the supply of all or part of the Order.
7.4 SweetFit Pty Ltd will use its best endeavours to supply Orders placed through the Website, however SweetFit Pty Ltd reserves the right to cancel any Order without notice for any reason.
7.5 In event of a cancelled Order, any payments processed by SweetFit Pty Ltd will be promptly refunded
7.6 You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances SweetFit Pty Ltd accepts no responsibility.[Back to top]
8.1 You may provide your nominated credit card details during the purchase process described on the Website.
8.2 Once the Goods the subject of your Order are received from suppliers and are ready for dispatch, SweetFit Pty Ltd will process payment for the Goods (plus any delivery charges) using your nominated credit card (Visa or Mastercard), PayPal or EFT payment methods.
8.3 You authorise SweetFit Pty Ltd to debit such amount from your nominated credit card, PayPal account or bank account.
8.4 If your nominated payment method is declined by your financial institution, SweetFit Pty Ltd will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.
8.5 SweetFit Pty Ltd may decide at any time not to accept payment from you for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to SweetFit Pty Ltd. [Back to top]
9. Delivery, Risk and Title in the Goods
9.1 SweetFit Pty Ltd will use its best endeavours to deliver the Goods to your nominated delivery address within the time period specified at the time of placing your Order, however SweetFit Pty Ltd will not be liable to you or anyone else for any losses suffered or incurred due to delay.
9.2 Subject to payment, property and risk in the Goods passes to you upon delivery of the Goods to your nominated delivery address.
10. Faulty or Damaged Goods
10.1 SweetFit Pty Ltd will use its best endeavours to repair or replace any faulty Goods, or Goods damaged prior to delivery.
10.2 Damaged or faulty Goods will be repaired or replaced (at the discretion of SweetFit Pty Ltd) or where repair or replacement of damaged or faulty Goods is not possible (in the opinion of SweetFit Pty Ltd) a full refund will be issued for the value of the damaged or faulty Goods. 10.3 All damaged and faulty goods must be returned to SweetFit Pty Ltd.
11.1 Other than in accordance with clause 10, SweetFit Pty Ltd will only accept the return of Goods that have been supplied incorrectly, or vary from their description on the SweetFit Pty Ltd website 11.2 If you have a return, please refer to our returns policy for more information. [Back to top]
12.1 SweetFit Pty Ltd will notify Customer of any applicable manufacturers’ warranty in relation to the Products. To the extent permitted by law, SweetFit Pty Ltd ‘s entire responsibility with respect to warranties for the Products is to pass on to Customer the benefit of any such warranties. Subject to clause 12.3 software Products are not warranted under these Terms. Such software Products are warranted in accordance with the relevant licence agreements that govern their use.
12.2 To the extent permitted by law, the manufacturers’ warranties referred to in clause 12.1 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
12.3 Certain legislation may imply warranties or conditions or impose obligations upon SweetFit Pty Ltd which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which SweetFit Pty Ltd is able to do so, its liability will be limited, at its option, to: i. in the case of products: the replacement of the products or resupply of equivalent products; repair of the products; payment of the cost of replacing the products or acquiring equivalent products; or the payment of the cost of having the products repaired; and ii. in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
12.4 All warranties on offer and provided are for return to manufacturer base for repair unless explicitly stated otherwise. SweetFit Pty Ltd is not responsible nor liable for any costs accrued by the Customer in relation to warranty repairs.
13. Intellectual Property
13.1 All Intellectual Property in any Material on the Website is the property of SweetFit Pty Ltd, its advertisers or third party providers. Unless expressly authorised under this Agreement, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
14.1 You waive, release, discharge and relinquish any and all claims that you now have or may have against SweetFit Pty Ltd which are connected with, arise out of, relate to or are incidental to the use of the Website.
14.2 You agree to indemnify SweetFit Pty Ltd and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by SweetFit Pty Ltd arising out of or in connection with the Website by any other person as a result of your, or any person using your password’s:
(a) act or omission;
(b) breach of this Agreement; or
(c) infringement of any Intellectual Property on the Website.
15. Limitation of Liability
15.1 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of SweetFit Pty Ltd (in negligence or otherwise) is limited (at the option of SweetFit Pty Ltd) to the resupply of goods or services, or the cost of having the goods or services supplied again. SweetFit Pty Ltd shall not be liable for any indirect or consequential loss.
15.2 Nothing in these terms and conditions is intended to limit or exclude any liability on SweetFit Pty Ltd’s part where and to the extent that applicable law prohibits such exclusion or limitation.
16.1 SweetFit Pty Ltd may terminate or suspend this Agreement at any time by sending you a notice by e-mail to your nominated e-mail address advising that your Account has been suspended, such termination to be effective the day the notice is received or such later date as specified in the notice.
17.1 SweetFit Pty Ltd is committed to protecting the privacy of your personal information not only because of our legal and ethical commitment to compliance with the law but because we know that you care how information about you is used and shared. We do not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this Privacy Statement.
We collect and hold the following types of personal information.
1. Information about individuals who are customers or target customers as given to us by those individuals or obtained in the public domain from other sources such as magazines and newspapers.
2. Information about roles, means of communication with and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
The information is held in hard copy and electronic records in data storage systems which permit lawful access only by those company officers, employees and contractors who need access to perform their functions. It is destroyed when it is no longer useful or it is unreliable and cannot be corrected.
We gather personal information about you for the purposes of:
- marketing, supplying or delivering our products to you;
- carrying out repair work which you have requested;
- improving and developing our products; and
- expanding our business.
We share personal information with wholly owned subsidiaries of the SweetFit Pty Ltd and as described below. All SweetFit Pty Ltd subsidiary companies are subject to this Privacy Statement and follow practices described in this Privacy Statement.
We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party contractor to deal with customer enquiries, product orders and deliver our products to you. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact our Human Resources Manager at SweetFit Pty. A $25 administration fee will be charged for the retrieval of any personal information.
17.2 Any information collected about you through this web site is used exclusively for the purpose of processing orders, improving your shopping experience, or to communicate with you regarding products and services and special promotions. We will only collect personal information to the extent deemed reasonably necessary to serve our legitimate business purposes. We will store any information that you provide securely and will not sell or release it to any other business or person.
18.1 Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
18.2 A failure or delay by SweetFit Pty Ltd to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by SweetFit Pty Ltd does not preclude its future exercise or the exercise of any other power or right.
18.3 This agreement is governed by and must be construed according to the law of the State of South Australia, Australia and the parties submit to the jurisdiction of the courts in that State.