Terms of service
TERMS AND CONDITIONS
Hercules Supplements (Aust) Pty Ltd
ABN 45 651 597 269
These Terms and Conditions govern your access to and use of the Website, including the purchase of products from the Website.
By accessing or using the Website, you agree to be bound by these Terms and Conditions. If you do not agree, you must not use the Website.
These Terms and Conditions are governed by the laws of Queensland, Australia.
1. DEFINITIONS
In these Terms and Conditions:
ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth), known as the Australian Consumer Law.
Business Day means a day other than a Saturday, Sunday or public holiday in Queensland.
Conditions means these Terms and Conditions.
Consumer has the meaning given in the ACL.
Goods means any products sold by Us through the Website.
GST means goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Website means Hercules Supplements Australia and any related website operated by Us.
We, Us or Our means Hercules Supplements (Aust) Pty Ltd ABN 45 651 597 269.
You or Your means any person accessing or using the Website or purchasing Goods from the Website.
2. WEBSITE ACCESS
We grant You a limited, non-exclusive, revocable licence to access and use the Website for personal and lawful purposes in accordance with these Conditions.
We may modify, suspend or discontinue any part of the Website at any time without notice.
3. CHANGES TO THESE CONDITIONS
We may update these Conditions from time to time by publishing the updated version on the Website.
Changes will apply from the date they are published and will not affect orders already accepted by Us before the changes take effect.
Your continued use of the Website after publication of updated Conditions constitutes acceptance of those changes.
4. ORDERS AND PURCHASES
By placing an order, You make an offer to purchase Goods at the price displayed on the Website.
Orders are subject to acceptance by Us. We may accept or reject an order for reasons including:
- product unavailability;
- payment issues;
- suspected fraud;
- pricing or description errors;
- delivery limitations; or
- compliance with legal obligations.
If We reject an order after payment has been processed, We will provide a full refund.
An order is accepted when We issue an order confirmation or dispatch the Goods, whichever occurs first.
You may request cancellation of an order before dispatch by contacting Us. Once dispatched, orders cannot be cancelled except in accordance with Your rights under the ACL.
We reserve the right to limit quantities purchased.
All prices are in Australian Dollars and include GST unless otherwise stated.
We may use third-party payment providers to process payments. We do not store full credit card details on Our servers.
5. PRODUCT AVAILABILITY AND PRICING ERRORS
We make reasonable efforts to ensure pricing and product information is accurate.
However, errors may occasionally occur. If a product is listed with an incorrect price, description or promotional offer due to a typographical error, system error or similar issue, We reserve the right to cancel or amend the affected order before delivery.
If payment has already been processed, We will provide a refund for the affected amount.
Free gifts and promotional items are subject to availability and may be substituted or withdrawn where necessary.
6. DELIVERY AND RISK
Delivery timeframes are estimates only and are not guaranteed.
Risk in the Goods passes to You upon delivery to the delivery address nominated in Your order, unless You arrange Your own freight carrier.
Title to Goods passes to You once full payment has been received.
You are responsible for ensuring delivery details are correct.
7. RETURNS AND CONSUMER GUARANTEES
Nothing in these Conditions excludes, restricts or modifies any rights or remedies You may have under the ACL.
Under the ACL, consumers are entitled to certain guarantees in relation to Goods and services.
If a product has a major failure, You may be entitled to:
- a refund;
- a replacement; or
- compensation for reasonably foreseeable loss or damage.
If a product does not amount to a major failure, We may choose to repair or replace the Goods within a reasonable time.
We do not provide refunds for change of mind unless otherwise stated.
Return requests should be submitted through Our contact details listed on the Website.
8. DISCLAIMER
To the maximum extent permitted by law:
- the Website and its content are provided on an “as is” and “as available” basis;
- We do not guarantee uninterrupted or error-free access to the Website;
- We do not warrant that the Website is free from viruses or harmful code; and
- information on the Website is general information only and should not be relied upon as professional, medical, nutritional or health advice.
You should seek independent professional advice before relying on product information for health, medical or fitness purposes.
Nothing in these Conditions excludes any guarantees, warranties or rights that cannot lawfully be excluded under the ACL.
Where permitted under section 64A of the ACL, Our liability for breach of a non-excludable guarantee relating to Goods not ordinarily acquired for personal, domestic or household use is limited, at Our option, to:
- replacement of the Goods;
- repair of the Goods;
- payment of the cost of replacing the Goods; or
- payment of the cost of repairing the Goods.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by law, We are not liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, data or business opportunity arising from use of the Website or purchase of Goods.
Nothing in these Conditions limits liability for:
- fraud;
- personal injury caused by negligence; or
- any liability that cannot lawfully be excluded.
10. USER OBLIGATIONS
You agree that You will not:
- use the Website for unlawful purposes;
- interfere with Website security or functionality;
- upload malicious code or harmful material;
- infringe the intellectual property rights of others; or
- engage in misleading, deceptive or abusive conduct.
You are responsible for maintaining the confidentiality of Your account information and password.
11. INTELLECTUAL PROPERTY
All content on the Website, including text, graphics, logos, images, videos and software, is owned by or licensed to Us and protected by Australian intellectual property laws.
You may access and print Website content for personal, non-commercial use only.
You must not reproduce, distribute, modify or commercially exploit Website content without Our prior written consent.
12. THIRD PARTY LINKS
The Website may contain links to third-party websites.
We do not control, endorse or accept responsibility for third-party websites or their content.
Accessing third-party websites is at Your own risk.
13. PRIVACY
Our collection, use and disclosure of Personal Information is governed by Our Privacy Policy available at:
By using the Website, You consent to the handling of Personal Information in accordance with that Privacy Policy.
14. SECURITY
While We take reasonable steps to protect information transmitted through the Website, no method of transmission over the internet is completely secure.
You acknowledge that transmission of information is at Your own risk.
15. TERMINATION
We may suspend or terminate access to the Website where We reasonably believe You have breached these Conditions or engaged in unlawful conduct.
Termination does not affect any rights or obligations accrued before termination.
16. NOTICES
Notices to Us must be sent:
- by email to the contact email listed on the Website; or
- by post to:
Hercules Supplements (Aust) Pty Ltd
33 Flinders Parade North Lakes Qld 4509
Australia
We may send notices to You using the contact details provided with Your order or account.
17. SEVERABILITY
If any provision of these Conditions is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.
18. WAIVER
Failure by Us to enforce a provision of these Conditions does not constitute a waiver of that provision.
19. ENTIRE AGREEMENT
These Conditions constitute the entire agreement between You and Us regarding use of the Website and purchase of Goods and supersede all prior agreements and understandings.
20. GOVERNING LAW
These Conditions are governed by the laws of Queensland, Australia.
You submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.