CONDITIONS OF USING THIS WEB SITE
This website trades under the domain www.thepick.com.au (known as the “Site” or “website”). We are a shopping website where you can browse and order products as displayed and advertised. Bodyassist Health and Wellness Pty Ltd ABN/ACN 633 681 339 (known as “us” or “we” or "THE COMPANY") sells products on this Site ("Products") in compliance with its Sale Terms as described here. All orders placed by you on the Site ("Orders") are accepted pursuant to the Sale Terms, which supersede any other terms relating to the sale of the Products appearing on the Site or elsewhere and shall override any other terms referred to by you or in any course of dealing. Please read this site disclaimer material before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site. Your access to and use of the Site, including your order of Products through the Site, is an acceptance of these terms and conditions.
All product data and images are protected under Australian and international copyright and trademark laws. You may download content from this site for non–commercial uses only. No modification or further reproduction of content from this site is permitted without our express written permission. By using this website you hereby acknowledge that the copyright in this website (including software, design, content and graphics) are owned by or licensed to us and must not be modified, copied, adapted reproduced, uploaded or transmitted in any way without our prior written consent. We allow you to download and hold a copy of this site on your private computer for the sole purpose of viewing. You may also print hard copies of the content for the sole purpose of viewing and purchasing Products. This Site contains registered trade marks which are protected by law. You must not use any of these appearing on the site without our prior written consent.
We nor our agents, provide medical advice or service. Information provided within this site is not a substitute for medical care. If you have, or suspect you have a health problem, you should always consult with a licensed health care professional.
The information contained in this site is provided in good faith and "as is". We do not represent or warrant the reliability, accuracy or completeness of this information as contained on the site. To the extent permitted by law, we are not responsible or liable for any liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this site. However, we will endeavour to correct any inaccuracies on the site once we become aware of them. Illustrations and photos contained in this site are sample representations of the products advertised, and variations may occur from time to time. In addition note that this site contain links to other websites that are not necessarily operated by us. We do not make any guarantees or endorsements as to the accuracy of this information. These links are provided for your convenience only and you agree that we have no responsibility or liability for them. These links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites and that you access and use the products and services made available at those sites solely at your own discretion. We do not claim that any information (including files) obtained from or through this website is free from viruses or other faults or defects. You agree to be responsible for scanning any information for viruses and that we have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information. If we are found to be liable this will be limited to the cost of supplying the information again.
You agree to bound by, and comply with, these terms and conditions by using the site, by completing your registration through the site and/or by obtaining or ordering Products from this site.
Changes to these Terms and Conditions
We may change our terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
Prices, Fees and Charges
The price of a Product (represented in Australian dollars, AUD) shall be as stipulated on the Site at the date of placement of your Order. Unless otherwise indicated on the Site, all prices include Australian taxes unless goods are shipped outside of Australia. Prices shown on this Site are current at the time of issue, however, we reserve the right to change prices at any time before we accept an order. All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
International Customs, Duties and/or Taxes.
We are an Australian based company. When ordering product(s) to be shipped internationally, you are responsible for assuring the product can be lawfully imported to the destination country and must comply with all laws and regulations of the destination country. Orders shipped outside of Australia may or may not be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Additional charges for customs clearance must be fulfilled by the recipient. We have no control over these charges, nor can we predict what they may be. Customs policies vary widely from country to country. If unsure, contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
Placing an Order.
An Order placed by you on the Site is an offer by you to purchase a particular Product. We reserve the right to accept or reject your Order for any reason, including, without limitation, an error in your order or in the material on the Site, or the unavailability of the Product. The contract to purchase a particular product only comes into existence upon acceptance by us of your Order. Products are subject to availability and in the event of shortage, we may allocate sales and deliveries at our sole discretion. We will only accept Orders for delivery of Products if the delivery address is a street address or a known postal address and only if you are over the age of 18 years.
Order Acceptance or Rejection.
We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions. Any dates quoted by us for delivery of the Products are estimates only and shall not form part of the Sale Terms.
We may update, or discontinue any Product and/or revise prices for any Product listed as available on the Site at any time. You agree that changes may occur between any product shipped to you and the products described in marketing materials. We shall not be liable for any delay or failure in our performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond its reasonable control.
Order Cancelled (by Us).
Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if the requested Products in that order are not available or if there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order or that order has been placed in breach of these terms and conditions. Our liability for these cancelled orders will be no greater than the full amount paid by you to us for the order including any additional fees such as taxes and freight charges. This amount will be refunded back to you to the same account from which it was paid to us.
Order Cancelled (by You)
So long as we are notified within 1 hour of order placement and so long as this occurs before the goods have been shipped out you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control but not if you simply change your mind, without any liability to us for that cancellation. If you do, then you must provide us notice by email or fax (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has already been dispatched by us.
By using this site you agree to the following obligations by you :
That all information and data provided by you to us through the Site or otherwise is true, accurate and current.
That the person receiving the Products at the Delivery Address is authorised by you to do so.
That you have and will comply with all relevant laws relating to your use of the Site and your placement of any order.
That you will ensure that your Login ID and password used to access the Site and the details of your account is kept in a safe and secure manner.
That you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account.
That you will promptly advise us of any changes to your information provided to us as part of the customer registration process.
That you are responsible for any costs associated with your access to or use of the Site, including Internet access fees.
That you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site.
That you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Login ID and password through the Site.
By using this site you agree to not do the following as obligations by you :
To use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes.
To use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site.
To make fraudulent or speculative enquiries, purchases or requests through the Site.
To use another person’s details without their permission or impersonate another person when using the Site.
To post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings.
To tamper with or hinder the operation of the Site.
To knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site.
To use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site.
To modify, adapt, translate or reverse engineer any portion of the Site.
To remove any copyright, trade mark or other proprietary rights notices contained in or on the Site.
To reformat or frame any portion of the web pages that are part of the Site.
To create accounts by automated means or under false or fraudulent pretences.
To use the Site to violate the security of any computer or other network or engage in illegal conduct.
To take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure.
To use the Site other than in accordance with these terms and conditions.
To attempt any of the above acts or engage or permit another person to do any of the above acts.
Warranty and Liability
We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
Where we are permitted by law we do not warrant or represent the suitability of the Site or a Product for any purpose and
we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Termination and/or Suspension of Account
We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions and the breach cannot be remedied.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy. This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
“GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth)
“Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
“Login ID” means the email address that you provided to us as part of the registration process to use the Site.
“Product’ means each good or service that is advertised on the Site.