fbpx

Lovers Products Terms of Sale

 

  1. Introduction

 

  • The website located at www.loversproducts.com.au (Website) is owned and operated by Alpha XX Pty LtdACN 643 852 386 (we, us or our).

 

  • These terms and conditions (together with our Website Terms and Conditions and Privacy Policy) comprise the terms of a legal agreement between the person or entity who creates an Account through the Website (you or your) and us (agreement).

 

  • By placing an order for prescription and non-prescription products (collectively, the Products) through our Website, you acknowledge that you have read, understood and agreed to be bound by the terms of this agreement. You agree that the placement of an order for our Products on, or via, the Website constitutes your acceptance of this agreement.

 

  1. Your Account

 

  • To order our Products on, or via, the Website, you must register with us and setup a customer account (Account). Your Account will be operated by a username and password (Password). You may change your username and password at any time, by manually updating these details through your Account.

 

 

  • By setting up an Account and placing an order for our Products on, or through the Website, you warrant that you are over 18 years of age, and are legally able to enter into contractual relations.

 

If you are under the age of 18 years (Minor) you must immediately cease and refrain from accessing or using the Account and/or ordering or purchasing Products from the Website, unless and until your parents or guardians have agreed to abide by this agreement. Your continued use of the Account constitutes an acknowledgement by you that you are over 18 years of age, or your parents or guardians have agreed to abide by this agreement.

    • You are solely responsible for:

 

  • maintaining control over, and the confidentiality of, your Account and Password. You must notify us in writing of any unauthorised access to, or use of, your Account or Password;

 

  • keeping your Account registration information, delivery and billing information current, complete and accurate;

 

  • disclosing or providing up-to-date, complete and accurate medical information when you complete the preliminary and

 

  • using the Products in accordance with usage instructions and warning notices provided with the Products.

 

 

 

  • We are not liable to you or anyone else for any loss or damage arising out of, or in connection with:

 

  • any unauthorised access or use of, your Account or Password, including any misuse, stolen or hacked Accounts or Passwords;

 

  • incorrect orders or quantities of Products placed by our or anyone else through our Website (whether deliberate or not);

 

  • your use of the Products, including, but not limited to, any illness, injury, allergy or other personal injury suffered by you or anyone else; and

 

  • delays in the delivery of any Products to your nominated address, or the damage or loss of the Products during transit, whether caused by us or our third party service providers.

 

  1. Placement of orders

 

  • You may purchase Products on, or via, the Website by selecting and placing your order in accordance with this agreement and as directed on the Website. Any order placed by you in the manner displayed on the Website is an offer by you to purchase a particular Products for the price (including Additional Charges) specified on the Website at the time you place your order.

 

  • You should take care when submitting an order to purchase Products on, or via, the Website. We will not be responsible for any incorrect orders or incorrect quantities of Products ordered through our Website. To the maximum extent permitted by law and unless otherwise permitted by this agreement, once we have accepted your order, your order cannot be altered or cancelled.

 

  • You warrant that:

 

  • all personal details (including payment details) you provide to us when placing an order are current, correct and complete;

 

  • any Products purchased will be for your personal purposes, and that such Products are suitable for your use having regard to your medical history and any underlying health condition;

 

  • you will not use the Products to make or assemble any illicit substances or drugs, for sale, re-sale or distribution;

 

  • you will not distribute or re-sell any Products purchased through the Website without our consent; and

 

  • that your credit or debit card will cover the full cost of the purchase.

 

  • Placing an order for Products does not constitute a legally binding agreement until we confirm that payment has been made on the order and you receive a written order confirmation from us to your nominated e-mail address that payment has been received and the order has been accepted.

 

  • Each order to purchase Products constitutes a separate agreement for the supply of Products, on the terms and conditions of agreement and is subject to your compliance with any specific limitations or terms displayed on the Website.

 

  • We may, at our absolute discretion, accept or decline any order for Products for any reason (or no reason), including, but not limited to, an error in the advertised price for, or description of, the Products on the Website, or an error in your order, Product unavailability or discontinuance, or in the event of limited stock. Any order for Products not accepted is automatically deemed cancelled.

 

  • If we reject your order, we may notify you by email of our rejection within a reasonable time and we may give you the option of either reconfirming your order, changing your order or cancelling your order. Following this notification, if we are unable to contact you, or fail to receive a response from you within 48 hours, then we reserve the right to treat your order as cancelled. If your order is cancelled but you have already paid for the Products, then you will receive a full refund (less any third party payment processor fees).

 

  • If your order details or billing information is incorrect, incomplete or suspicious, we may, at our absolute discretion, require you to provide additional billing verification or order information before accepting any order.

 

  • You cannot place an order for prescription products on, or via, the Website for someone else to receive the prescription However, if you place an order for non-prescription products on, or via, the Website for someone else to receive the non-prescription products, you warrant that you have the authority to:

 

  • provide us, or otherwise make available to us, the other person’s Personal Data (as defined in our Privacy Policy) and you have obtained their consent for us to collect, use, store or disclose their Personal Data in accordance with our Privacy Policy; and

 

  • bind that person as the principal to this agreement, and to the extent you do not have such authority you agree to be bound to this agreement

 

  1. Price

 

  • Prices of Products shown on the Website are in Australian Dollars (AUD) and are e of GST.

 

  • Prices displayed on the Website are current at the time an order is placed, and are subject to change. You agree to pay the prices which are displayed at the time an order for any Product is made.

 

  • In addition to the price for the Products that are displayed on the Website, you agree to pay:

 

  • GST and any other taxes and government charges or levies in relation to the Products;

 

  • delivery and handling fees in relation to the delivery (or re-delivery) of the Products, packaging costs, transport insurance and all other costs, charges or expenses incurred in relation to delivery (or re-delivery) of the Products;

 

  • surcharges for payments made by credit card; and

 

  • charges incurred in connection with the cancellation or variation of an order (Cancellation Fee),

 

(collectively, Additional Charges).

 

  1. Payment

 

  • You must pay for our Products by credit card (). You authorise us to deduct the price and the Additional Charges (as applicable) from your card.

 

  • We may, at our absolute discretion and without notice, change the payment methods that can be used to purchase the Products on, or via, the Website, at any time.

 

  • We may, at our absolute discretion, decline your payment at any time for any reason, including, but not limited to:

 

  • where our fraud detection system detects possible irregularities; or

 

  • because your financial institution has declined payment or there are insufficient funds in your nominated or credit or debit card to cover the full cost of the purchase.

 

  • If we are unable to successfully process your payment, we will notify you by email and we may, at our absolute discretion:

 

  • cancel, or suspend, all (or any part of) your order;

 

  • request additional information (for example, proof of any prescription or script); or

 

  • request you made payment by another method.

 

  • If you do not comply with our request for additional information or you fail to make payment by another method within 48 hours, we will cancel your order without further notice.

 

  1. Preliminary medical questionnaire

 

  • Once payment has been made for a prescription product, you will be required to complete a preliminary medical questionnaire in relation to your medical conditions or illnesses so that our in-house medical specialist can determine whether the prescription product or dosage is suitable or safe for use by you. Despite this, we or our in-house medical specialist are not providing you with medical advice or services (other similar services).

 

  • The delivery of the prescription product to you does not constitute medical advice that the prescription product is safe to use. If you have any medical conditions, you should seek independent medical advice as to whether the prescription product is safe or suitable for use by you.

 

  • You warrant that all medical information contained in the preliminary medical questionnaire is complete, accurate and current. We are not liable to you or anyone else for any loss, damage or personal injury or illness should you provide inaccurate, misleading, incomplete or false information when completing the preliminary medical questionnaire.

 

  • We are committed to ensuring that your medical information is protected. We will manage your medical information in accordance with our Privacy Policy.

 

 

  1. Delivery

 

  • Products will not be dispatched to your nominated address until you receive confirmation of your order being placed in accordance with this agreement.

 

  • We (or our third party service providers) will use reasonable endeavours to effect delivery of your Products to your nominated address by the scheduled delivery date displayed on our Website, or on your written order confirmation (as the case may be). Delivery dates are estimates only and are not binding on us.

 

  • We are deemed to have delivered the Products when the Products are delivered to your nominated address, and are entitled to assume that any person who takes delivery of the Products at your nominated address is authorised to receive the Products.

 

  • Acceptance of delivery by such representative at your nominated address shall constitute conclusive evidence that the Products were delivered to you. We will not be required to provide proof of delivery from any person present at the delivery address.

 

  • You will ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Acceptance of delivery by such representative will constitute conclusive evidence that you have examined the Products and found them to be sealed and fit for consumption. If required, the duly authorised representative shall sign a receipt confirming acceptance.

 

  • If the delivery of the Products is delayed for any reason, we will not be liable to you or anyone else for any loss, damage, cost or expense arising out of, or in connection with, any delay in delivery of the Products.

 

  • The risk of loss, theft, damage or destruction of the Products, shall pass to you on and from delivery to your nominated address. However, title to the Products will only pass to you when the Products are paid for in full.

 

  • To the maximum extent permitted by law, if any dispute arises concerning any order (including any dispute regarding the measurement, formulation or quantity of the Products ordered or the delivery address or identity of the person placing the order) our records will be conclusive evidence of what was ordered.

 

  1. Cancelled or varied orders

 

  • At any time before delivery, we may, at our absolute discretion, cancel any order that has been previously accepted. Where we cancel your order before delivery, we will send you an email notifying you of the cancellation.

 

  • We, may, at our absolute discretion, consider a request by you to cancel or vary any previously accepted order. As the Products are ‘made to order’, all requests to cancel or vary an order must be in writing before the Products have been formulated or created by us or our third party services providers. To the maximum extent permitted by law, we may, at our absolute discretion, charge you, by way of liquidated damages, any loss, cost or expenditure incurred by us in relation to any cancellation or alteration of your previously accepted order (collectively, Cancellation Fees).

 

  • In the event we cancel your order or we accept your request to cancel an order, we will refund any amount paid in respect of that order (less a Cancellation Fee in the event you cancel the order), using your original payment method.

 

  • To the maximum extent permitted by law, we will not be liable to you or anyone else for any claim, proceedings, loss, liability, damage, cost or expense arising out of, or in connection with, the cancellation of your order (whether by you or us and regardless of whether payment had previously been accepted by us).

 

  • You will not be entitled to a refund if the Products are delayed or lost as a result of you providing us with incorrect or insufficient delivery details.

 

  1. Refunds and returns

 

  • Please choose your Products carefully. The Products are made to order and therefore no exchanges or refunds will be provided where you have simply changed your mind. To the maximum extent permitted by law, we will not provide a refund or exchange in the following circumstances:
    • you no longer require the Products or you ordered quantities of the Products you no require;
    • where there has been damage to external or product packaging only; or

 

  • where the Australian Consumer Law or any manufacturer’s warranty does not apply.

 

  • where you have received medical advice that the Products are not safe or suitable for use by you.

 

  • To the extent that you acquire the Products from us as a consumer within the meaning of the Australian Consumer Law, your purchase of the Products will come with certain consumer guarantees that cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you. In accordance with Australian Consumer Law, if the Products you purchased has a major failure, you may reject the Product and seek a refund or exchange, or you may keep the Products and seek compensation for any drop in the value of the Products.

 

  • Under the Australian Consumer Law, if any Products have a major failure, you are entitled to a replacement or refund. When seeking a replacement or refund, you must:

 

  • provide us with your proof or purchase;

 

  • return the Products within a reasonable period of time in the condition received by you with all original packaging in-tact. We accept no responsibility for Products lost in transit; and

 

  • comply with any other direction given by us in relation to returning the damaged, faulty or defective Products.

 

  • If you are entitled to a refund under the Australian Consumer Law, we will use reasonable endeavours to provide you with a full refund within 10 business days.

 

  1. Warranty disclaimers and liability

 

  • It is your responsibility to satisfy yourself as to the suitability, condition and fitness for purpose of the Products without relying upon our skills or judgment. To the maximum extent permitted by law, we make no warranty or representation that the Products ordered by you meet your health or medical needs or are suitable for any particular purpose. On the basis of the foregoing, you purchase and use the Products at your own risk on an ‘as is’ basis.

 

  • To the maximum extent permitted by law, we are not liable to you or anyone else if your order is decline or not accepted, if your payment is not processed, or if the Products are not delivered as a result of, or in connection with:

 

  • your failure to provide us with complete or accurate order information or delivery details of your nominated address;

 

  • any Product discontinuance or delay in manufacturing;

 

  • any delay experienced by our third party contractors or couriers;

 

  • the disruption to, or unavailability of the Website or any computer or telecommunication systems used in connection with the Website; or

 

  • a Force Majure Event.

 

  • To the maximum extent permitted by law, we, exclude:

 

  • all representations, conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by statute, common law or equity;

 

  • all liability to you or anyone else for any:

 

  • indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;

 

  • loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of or damage to reputation, downtime costs, loss of use, failure to realise anticipated savings, loss under or in relation to any other contract, loss of opportunity or expectation loss or loss of production;

 

  • personal injury or death to you or anyone else,

 

arising out of, relating to or connected to, your access and use of our Website, the provision, delivery or use of the Products and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

 

  • Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the price paid by you for the Products.

 

  1. Privacy

 

  • We and our third party service providers may collect Personal Data directly from you when you access or use our Website, setup an Account, when you place an order or purchase Products on, or via, the Website, or when you contact us for any reason.

 

  • Further details of our policy on the collection, storage, use and disclosure of your Personal Data is set out in our Privacy Policy, which forms part of this agreement.

 

  1. Force Majeure Events

 

We will not be liable to you or anyone else under this agreement or otherwise if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our control. Such events include, acts of God, any failure of a utility service, transport, bank or telecommunications networks, riots, civil commotion, computer hacking, war, acts of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or earthquake, any disaster or adverse weather, governmental actions, epidemic, pandemic, government lockdown, default or non-performance of hosting or data centre providers, interruption of the internet or our Website, or other suppliers or sub-contractors, labour disputes, or any other failure, act or omission in our supply chain, including our third party delivery contractors and manufacturers (Force Majeure Events).

 

  1. Suspension and termination

 

We may, in our absolute discretion and without notice, terminate, suspend or block your access to your Account or Password, the Website, or any Products offered, on or via, the Website for any reason (or no reason), including as result of, or in connection with:

(a)    any breach of this agreement by you;

(b)    discontinuance of any Product range;

(c)     discontinuance of the Website or any websites linked to the Website (or any part thereof); or

(d)    planned or unplanned service outages, technical or security failures, maintenance works or excessive server load on the technical equipment used by us or our third party providers,

and we will not be liable to you or anyone else arising out of, or in connection with, any such suspension or termination.

 

  1. General

 

  • A waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed, and to the circumstances for which it is given.

 

  • If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, then the other provisions shall remain in force.

 

  • If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

 

  • This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter which they cover.

 

  • You will not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.

 

  • Nothing in this agreement is to be construed as constituting a partnership, employment relationship, joint venture, or any other form of association between the parties in which 1 party may be liable for the acts or omissions of any other party.

 

  • If there is any inconsistency between this agreement and the term of any other document referred to in this agreement, this agreement shall prevail to the extent of any inconsistency.

 

  • The laws of the state of Victoria, Australia govern this this agreement. The parties agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.