Trading terms and conditions
- Application of these terms and definitions
In consideration for Us creating for You an account with our website You and Us agree that these terms and conditions apply to the use of the website by You and Us and all matters relating to orders placed with Us through the website by You.
We may amend these terms from time to time and we will notify You of any amendments. Your consent to the amendments may be sought, however, it is Your responsibility to ensure that You regularly read these terms, the most up to date version of which are available on the website.
In these terms, the following words have the following meanings.
ACL is an abbreviation of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time)
Consequential Loss means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise.
Consumer means a consumer as that term is defined in section 3 of the ACL.
Seller or Us(or any pronouns where the antecedent is the Seller) means Yadala Pty Ltd ACN 646 899 470, and includes their successors and permitted assigns.
Buyer or You(or any pronouns where the antecedent is the Buyer) means the person who is the registered account holder for an account with the website, who uses the website to order Goods from the Seller, and includes the Buyer’s personal representatives, successors and permitted assigns.
Goods means all goods or services supplied by the Seller to the Buyer from time to time.
Price means the amount payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 56below.
Small Business means a small business that meets the criteria of section 23(4)(b) of the ACL.
Website or website means the website available at www.yadala.com.au and the various functionality’s and portals accessible by the Buyer through that website.
- Ordering Goods
You may place an order through the website to request the purchase of Goods from Us (the Order).
You also agree that the information you provide for your order (including your name, address, contact details, etc) are all true, current and correct. You agree that you shall notify Us if any of Your details change after the order is submitted.
At this time We will only agree to orders being shipped to Australian addresses.
Upon an Order being placed by You, We will review the Order and if we accept the Order we will send You an email confirming receipt of the Order and our ability to complete the Order. If the details of the Order as placed by You are accepted by Us without amendment, then upon the sending of the confirmation of receipt of the Order by Us to You the contract for the sale and purchase of the Goods is formed.
We reserve the right to advise you of any changes to estimated delivery time frames, unit costs, freight costs and other details, which may differ between the details available on the website and our written communications with You. To the extent of any inconsistency, the written communications between Us and You shall prevail.
If the details of the Order as placed by You are subject to any amendment, variation or freight quotation (Variation), then upon the receipt by Us of Your confirmation of Your agreement to the Variation, the contract for the sale and purchase of the Goods is formed. You can confirm to us your acceptance of the Variation by reply email in reply to the Variation notice, or at our discretion we may accept your confirmation given by other means. Failure to confirm a Variation may result in Us canceling the Order without further notice or reference to You as the Order is not effectively placed if a Variation has been issued by Us.
Once You have submitted an Order, You may not cancel or amend the Order.
We reserve the right to cancel an Order and terminate any contract to fulfil an Order at any time and for any reason prior to the delivery of the Goods to You by giving You written notice of the same. On giving such notice, We shall fully refund to You any money paid by You for either the Goods or freight charges.
In the event that We cancel an Order and terminate any contract to fulfill and Order, You agree that We shall not be liable for any loss or damage, including Consequential Loss, arising from such action.
Images of Goods presented on the website have been provided for illustrative purposes only and We do not guarantee or represent to You that any image will reproduce the true color, size or options relating to the Goods. Goods presented for sale may include decoration or packaging. Such items are not included and are for display purposes only. Only items listed in the product description are included.
Where Goods have been ordered with the gift wrap option included, the Goods will be shipped in a gift box.
Some of the Goods that We sell may be used by customers to assist with various wellness and lifestyle applications. The specific products and any claims made about the products, either through Our website or elsewhere, have not been independently evaluated for effectiveness and treatment. They are not medicines or medical aids and should not be used to diagnose, treat, cure or prevent any disease, illness or condition.
You must always check all product labels and packaging prior to using any product We sell to ensure that the product is used correctly, the product meets your requirements and to check for any allergies or conditions that the user may have that preclude them from using the product. If you have any questions or there are discrepancies in the labeling and product, you should follow the information provided on the product label or packaging and advise Us of the same. You should also contact the manufacturer directly for clarification and recommended use.
Please consult with a registered medical practitioner regarding any medical or health related advice, diagnosis or treatment options and the impact of any consumables, topical applicants or devices on you personally, especially if you take any medication or have any health conditions.
- Price and Payment
The amounts payable for Goods as specified on the website or in communications from Us are in Australian Dollars (AUD) and where applicable, are inclusive of GST.
We endeavor to ensure that all Goods listed on the website are current and in stock, however, We do no guarantee or represent to You that the Goods are available for purchase or that the price listed is correct.
We reserve the right to vary the Price for any of the Goods from time to time, with such variation to take effect immediately upon posting of the amended Price on the website. We may also vary the Price in accordance with clause 34 above.
Where freight charges are applicable, they will be payable in addition to the Price for the Goods, and such additional charges will be clearly displayed where applicable and included in the total amount payable.
Where You have a promotional or discount code that You input prior to the Order being placed, Our website may then apply a discount to the cart. Any promotional or discount code must be input prior to submitting the Order via the website for it to be applied, and cannot be added after the Order is submitted. We reserve the right to suspend, cancel or discontinue any promotional or discount codes from time to time, without advising any expiry or validation period.
Payment of the Price by You to Us, including any freight charges, is due and payable upon the placing of an Order via the website or after confirmation of a Variation.
Payment will be accepted by PayPal only, and via such payment methods available on the PayPal platform linked to Our website. Payment to Us via the PayPal platform is on the basis that you agree to all terms and conditions that may be required for you to accept by PayPal from time to time. We will not on charge to You any credit card surcharge fees, but You agree to pay any and all fees that may be payable to PayPal as a consequence of any payment method and any dispute resolutions regarding the payment platform’s use or services. You also agree to accept their terms and conditions as they pertain to matters such as dispute resolution.
We shall not be bound to accept or fulfill any Order where the applicable Price and freight charges have not been paid in full.
During sale/promotional events, or due to disruptions arising from weather events, issues with Our shipping and freight fulfillment partners, or other issues outside Our control, delivery may be longer than these estimated delivery times. The above time frames are estimates only and You agree that We shall not be liable for any loss or damage, including Consequential Loss, arising from delay in delivery or failure to deliver the Goods, either in whole or in part, due to circumstances beyond Our control.
We endeavor to ensure that Orders received and accepted by Us before 2:00pm Australian Eastern Standard Time on any given business day will be dispatched the following business day.
You agree that You shall provide a delivery address within Australia. Where available a freight charge may be automatically calculated by the website when completing the Order, based on the delivery location and the size of the Order.
Our obligation to You to deliver the Goods shall be completed by Us on delivery of the Goods to Your nominated delivery address as per the Order. If You are unable or unwilling to accept physical delivery of the Goods when the Goods are ready for delivery, We shall be entitled to charge a re-delivery fee or to arrange for storage of the Goods at Your cost and risk. You shall be liable for all transportation, storage and other Consequential Loss to Us arising out of a failed delivery. We shall not be obliged to arrange re-delivery until any further costs charged by Us to You are fully paid.
Risk of damage to or loss of the Goods passes from Us to You immediately on delivery of the Goods to Your nominated delivery address.
- Conditions of Use
You agree that You shall not in any form and by whatever means use or register as a trademark, business name or domain name, any trademark, name or logo similar to those used by or associated with Us. You shall not use, adapt, reproduce, store, distribute or copy any of the material or content located on the website or do anything that would cause Us or the website to be brought into damage, disrepair or disrepute.
You agree that You shall not copy, reverse engineer or decompile any component of the website, nor shall You on-sell or retail any Goods, and all Goods are for personal use only. Where Our prior written consent is obtained, such consent to be provided or withheld in Our sole discretion, We may agree with third parties to on-sell or retail Our Goods on specific terms. We accept no liability for any Goods or Consequential Loss not sold directly via our website.
You hereby indemnify Us in respect of any loss or damage (including Consequential Loss) suffered by Us or a third party as a result of Your use of the website.
The agreement between You and Us commences on the confirmation of an Order by Us to You. Every separate confirmed Order is a separate agreement with Us. Termination of the agreement between You and Us or the suspension, closing or canceling of Your Order will not affect the accrued rights and remedies of either party.
- Defects, Warranties and Returns
We do not accept returns and We will therefore not offer a refund for change of mind, incorrect selection or in the event that a cheaper price is found elsewhere. You should therefore carefully review any items before adding them to the shopping cart and proceeding with an Order.
You agree that You shall inspect the Goods on delivery and that You shall within five (5) business days of delivery notify Us in writing by email to firstname.lastname@example.org of any defect or damage, shortage in quantity, or failure to comply with the description in relation to the Goods (the Defect Notice). Upon such notification You must allow Us (or our representative or agent) to inspect the Goods. If You fail to provide such notice within the time frame specified above then You shall be deemed to have accepted the Goods as delivered and You may not make any further claim from Us with respect to the same.
We will only be required to accept return of Goods from You provided that:
- a) You have provided us with a compliant Defect Notice within the timeframe required for the same (with time of the essence of such requirement);
- b) We have agreed in writing to You that the Goods are defective;
- c) the Goods are returned by You to Us within a reasonable time; and
- d) the Goods are returned to Us in as close a condition to that in which they were delivered as is possible (ie the Goods cannot have been used, exposed to contaminants, or no longer capable of resale).
We agree to reimburse to You the reasonable costs to You for the freight pursuant to paragraph (c) above where We have provided You with agreement in writing pursuant to paragraph (b) above. However, if we receive the Goods back from you and the Goods are found not to have a problem, We will require you to pay the freight and any inspection costs. We will endeavor to give you an estimate of these reasonable costs before the Goods are collected.
We do not authorize you to contact the manufacturer or importer of the Goods regarding any issues with the Goods. In the event that You do, then to the maximum extent permitted by law, We shall refuse to rectify any issues with the Goods.
Under applicable State, Territory and Commonwealth Law (including, without limitation the ACL), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the ACL) may be implied into these terms and conditions (Non-Excluded Guarantees). Nothing in these terms and conditions is intended to exclude or restrict the application of such laws.
Our liability for breach of any Non-Excluded Guarantees is limited at Our option, to in the case of Goods, the repair of the Goods, the replacement of the Goods or paying for the cost of repair or replacement the Goods.
Notwithstanding the above, but subject to the ACL We shall not be responsible for the consequence of any representation made or technical advice given by Our employees, agents or sub-contractors in connection with the design and use of the Goods or in relation to any description on the website for the Goods and You agree that all such advice is accepted by You entirely at Your own risk.
Except as otherwise expressly specified in the terms of any applicable written warranty provided by Us, Our liability to You (whether arising under statute, contract, tort (including negligence), equity or otherwise) for any defect in the Goods, or the supply of the Goods, is limited, at Our option, to in the case of Goods, the repair of the Goods, the replacement of the Goods or paying for the cost of repair or replacement of the Goods.
We are not liable to You or anyone else in connection with the Goods or the supply of the Goods or with these terms and conditions (including any changes to the terms and conditions), including without limitation for:
- i) any losses, costs, damages, expenses, claims, demands, actions, suits or proceedings (including without limitation for damage to the Goods or injury to any person) arising from:
- the loading, unloading or delivery of the Goods
- a failure to deliver, or delay in delivering, the Goods;
- the removal of defective Goods.
- ii) any direct, indirect or Consequential Loss or damage, any loss of actual or anticipated savings, opportunity, revenue, profit or goodwill, or other economic loss; and
iii) any claim, action or proceeding by a third party against You (or any loss, damages or liability incurred or suffered by You as a result of any such claim, action or proceeding).
You agree to indemnify Us from and against all losses, damages, costs and expenses suffered or incurred by Us, and all claims, demands, suits, actions or proceedings made or brought against Us, arising out of:
- You failing to properly maintain or store any Goods;
- You using the Goods for any purpose other than that for which they were designed;
- You continuing the use of the Goods after any defect became apparent or should have become apparent to a reasonably prudent user;
- You failing to follow any instructions or guidelines provided by Us;
- Fair wear and tear, any accident, or act of God.
Notwithstanding anything contained in this clause if We are required by law to accept a return then We will only accept a return on the conditions imposed by that law.
Subject to this clause and the terms of any applicable written warranty provided by Us, We make no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. All implied conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to these terms and conditions or their subject matter are excluded to the maximum extent permitted by law.
Any notice given by Us to You will be served in writing by email to the address provided to Us by You.
Any such notices shall be deemed to be served as at the time the relevant email is sent by Us to You and on the basis no bounce-back or undeliverable notification is received.
This agreement is governed by the laws of the State of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that State.
The failure by Us to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Our right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
Subject to clause 1011, We shall be under no liability whatsoever to You for any indirect and/or Consequential Loss suffered by You arising out of a breach by Us of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
You warrant to Us that You have the power to enter into this agreement and You have obtained all necessary authorizations to allow You to do so, You are not insolvent and that this agreement creates binding and valid legal obligations on You.
You must not assign or transfer any of Your rights or obligations under this agreement without the prior written consent of Us. We may assign or transfer Our rights or obligations under this agreement at any time without obtaining Your consent.
No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under this agreement.