FREE DELIVERY METRO AND REGIONAL

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Healthy Belly Hampers (ABN: 29 675 346 489)

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.healthybelly.com.au’s relationship with you in relation to your use of this website. By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.healthybelly.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

WARNING: you must be over 18 years of age to use this website and to purchase any goods or services. 

Liquor licence: 36161163

Under the Liquor Control Reform Act 1998 it is an offence

WEBSITE DISCLAIMER

The information contained in this website is for general information purposes only and is provided by www.healthybelly.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you may be able to link to other websites which are not under the control of www.healthybelly.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, www.healthybelly.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. 

www.healthybelly.com.au limits its liability to the extent permitted by law, to the re-supply of the information. No advice or information, whether oral or written, obtained by our from or through this website creates any warranty not expressly made in these Terms and Conditions. Information on this website has been prepared in accordance with Australian law for use in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this website, it is not directed at you and cannot be relied upon by. In any event, if you do rely on the information on this website, then you agree to indemnify www.healthybelly.com.au for any losses, costs (including legal costs on a solicitor-client basis), expenses or damages www.healthybelly.com.au may suffer as a consequence of your reliance on the information or content of this website.

www.healthybelly.com.au is not subject to, and the client releases the company from any additional liability, (including but not limited to consequential loss or damage, liability for loss of use or profit) because of any delay in delivery or fault or defect in the service provided and in either case the www.healthybelly.com.au will not be liable for any consequential or other direct or indirect loss or damage.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE 

This website and its contents are the copyright of Healthy Belly hampers – © 2020. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. www.healthybelly.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.healthybelly.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

DELIVERY OF GOODS

Physical goods may be delivered by our delivery partner Sendle, Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Sendle, Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of www.healthybelly.com.au.

The Products will be delivered to you at the delivery address you provided during the order process. All attempts will be made to deliver to the address and postcode as you have entered it. We are unable to accept liability for late or failed delivery due to incorrect or inaccurate information. Please ensure all address details are accurate and correct to ensure prompt delivery.You may change this address 24hrs before dispatch by calling or emailing us at hampers@healthybelly.com.au with the new/correct address.

You must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it. If specified as a contact-less delivery, our delivery partner will make reasonable effort to place your goods at a secure place. 

Any dates quoted for delivering the goods and/or completing performance of the service are approximate only. If no date is specified then it will take place within 10 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances. 

All our delivery dates are estimates and we cannot guarantee specific deadlines, except for Guaranteed Delivery. Delivery delays caused by Sendle or Auspost (or any subsequent courier used by them in order to fulfill their delivery obligations) are outside of our control and we are therefore unable to accept accountability or offer a refund.

If an order is returned to us as a result of either an incorrect address, refusal to accept the delivery or failure to acknowledge cards left by delivery companies, the customer will be responsible for any additional redelivery costs incurred or we can issue a full refund excluding the original delivery cost once we have received the goods back. We reserve the right not to contact you in case of a returned order.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

We do not offer refunds (or free replacements) for late deliveries as we cannot guarantee the delivery time-frame specially in the current climate. We also do not offer refunds (or free replacements) for orders that are not delivered (or returned) due to incorrect address details provided at the time of the order and/or for orders that are not collected from local exchanges due to recipient/s being unavailable at the time of delivery. 

You may cancel or amend an order 24hrs before it has been processed for shipping.

If the goods were damaged, faulty or wrongly delivered due to our fault, we will offer you a replacement (subject to stock availability) or refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the goods to us at our discretion, provided that you return the goods to us in unused condition. We must be satisfied that been damaged on delivery; been damaged on delivery or have been delivered to you in error.

Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price.

In order to claim a refund or replacement item please send us a notice as soon as you become aware of a problem and no later than 24hrs after receipt of the goods by email to hampers@healthybelly.com.au. Your notice must quote your name, address, the name or a description of the goods, a brief description and photograph of the problem, fault or damage and order reference number. Upon receiving your notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us to qualify for a refund or replacement. 

We will examine any returned goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 14 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the goods.

We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the goods in the event that the goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the goods have not been returned with its original packaging. This does not affect your statutory rights.

Orders cannot be cancelled once they have been prepared and are with our couriers for delivery nor we accept cancellations under any circumstances once the order has left our premises.

Please note if delivery has been attempted and a card has been left by our courier company, it is the receiver’s responsibility to contact the courier company to arrange re-delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned back to Our premises and an extra postage charge will be incurred at the expense of the sender to resend. 

Bulk/Corporate orders will require 30 day notice and may only be subjected to a partial refund due to the investment we make. 

INCORRECTLY PRICED AND/OR DESCRIBED PRODUCTS

Whilst we try and ensure that all the information on our website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the website has been incorrectly advertised, we will not be under any obligation to sell or provide those products to you.

If we discover the error before sending you a confirmation notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 3 days of sending you notification (whether or not you receive it), we will reject your order.

If we discover the error after sending you a confirmation notice we may, at our discretion and without incurring any liability to you, cancel the order provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the order; you will then receive a full refund. 

While every care has been taken to ensure product information is correct, food products are constantly being reformulated, so ingredients, nutrition content, dietary and allergens may change. You should always read the product label and not rely solely on the product information provided on the website. We won't be held responsible for any errors.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.healthybelly.com.au. www.healthybelly.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.healthybelly.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.healthybelly.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.healthybelly.com.au concerning your use and access to www.healthybelly.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforce-ability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and www.healthybelly.com.au that results in litigation then you must submit to the jurisdiction of the courts of Victoria.

COMMENTS & COMPLAINTS

If you have a comment, concern or complaint about any products you have purchased from us, please contact us via email at hampers@healthybelly.com.au