- TERMS & CONDITIONS
TERMS & CONDITIONS
About these Terms and Conditions
In these Terms and Conditions "we" and "us" mean Power Foods International Pty Ltd (Vitalstrength) ABN: 68647402351of PO Box 272, Marrickville NSW 2204 and "you" and "your" means you the customer.
These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event.
Legal Capacity to Transact
If you are under the age eighteen (18) years you can not place orders with Vitalstrength.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.
Should Vitalstrength suffer any damage or other losses as a result of a transaction entered into by a minor, Vitalstrength reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Vitalstrength.
Placing Your Order
You may place your order by filling in the order form on this website.
When you place your order, we will issue you with an order number and confirmation by email.
By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
Vitalstrength reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Payment Methods and Processing
Vitalstrength accepts Visa and MasterCard only.
Orders placed on a weekend or a public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday (9.00am-5.00pm EST), excluding NSW public holidays.
We process credit card payments after you click the "Submit My Order" button.
We will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.
We will not accept credit cards issued by banks outside of Australia.
You may be required to provide further identification for additional security reference checks.
All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the invoice.
Vitalstrength reserves the right to change prices for products displayed at the Vitalstrength website at any time.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation.
If you find the incorrect goods were sent. Please contact us within 24 hours of receiving your goods by telephone or email.
After receiving the returned goods at our warehouse, we will then (a) re-supply the item(s) or (b) credit the relevant invoice appropriately. Please note: it is your responsibility to review the goods received prior to their opening. Goods received, even in the event of incorrect supply, shall only be accepted back for re-supply or credit, if the goods are unopened & in their original condition.
You will incur the cost of return postage and be credited the purchase price only.
We do not accept returns or exchanges if you change your mind, so please choose the products carefully.
Delivery charges for shipping and handling within Australia will be clearly marked at check out. Vitalstrength reserves the right to change prices for delivery at any time. Vitalstrength does not ship outside of Australia.
Orders placed for delivery to remote areas or areas not service by our courier provider will not be fulfilled. In this event we will contact you by email or telephone.
All orders on this website are processed within a reasonable period. If there are any unforeseeable delays, you will be contacted by our customer service team.
Orders will be shipped within Australia to you by Star Track Couriers. We do not ship to PO Boxes or to International addresses.
- Once purchases have been dispatched, we cannot be held responsible for items lost or damaged in transit.
With our nominated Courier Service we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. Our courier cannot guarantee a specific delivery date or time. If no one is present to accept the delivery a slip will be left in the mail box so that you can negotiate a suitable arrangement for final delivery or collection.
Although every effort is made to ship your order with reasonable time, shipping times may change due to changes in supply or circumstances beyond our control.
Title and risk of loss to all products will pass to you once the goods have been dispatched to our third party courier provider.
Limitation of Liability
Information on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose.
While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website.
We reserve the right to amend or supplement the information supplied on this website without prior notice.
Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly.
We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website.
This website and its contents are subject to copyright.
Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Vitalstrength. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Vitalstrength for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Vitalstrength, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Vitalstrength reserves the right to change the Terms and Conditions of sale at any time.
No Vitalstrength employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Vitalstrength shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Vitalstrength, and Vitalstrength shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of NSW and shall be subject to the non-exclusive jurisdiction of the courts of NSW.