TERMS AND CONDITIONS
Welcome to Nutrients Direct Pty Ltd’s (“ND”) Terms and Conditions. Your access to and use of all information on this website including purchase of ND's products is provided subject to the following terms and conditions. By accessing this website, you agree to be bound by them.
ND reserves the right to amend these Terms and Conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these Terms and Conditions as amended.
1. Products are described as accurately as possible, however ND does not warrant or represent the description is accurate, complete, reliable or free of error. ND will take all reasonable steps to rectify any incorrect description. Any images on this website are used for illustrative purposes only.
2. The material contained on this website is owned and licensed by ND and is protected by Australian and International copyright laws. You may use this website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website or create any other material using material on this website, without obtaining prior written consent of ND. Your use of this website must not in any way infringe the intellectual property rights of ND.
3. Receipt by you of an electronic form of order confirmation does not signify ND's acceptance of your order, nor does it constitute confirmation of ND's offer to sell. ND reserves the right at any time after receipt of your order to accept or decline your order for any reason and ND reserves the right to refuse any order without giving any reason whatsoever.
4. Delivery times provided by ND are estimates only and do not constitute a contractual commitment. ND will use its reasonable endeavours to meet any estimated dates for delivery but shall not accept any liability whatsoever for any delays from any cause whatsoever. If for any cause or reason beyond ND's control delivery may be hindered, ND shall be entitled to refuse delivery with no right given to you to claim for any damage, loss, cost or expense whatsoever, save for a refund of any monies paid for the products. Further, ND cannot be held responsible for incorrectly entered delivery addresses.
5. ND reserves the right to cancel any orders placed on products that have been incorrectly listed whether it be with an incorrect price or with incorrect details. ND reserves this right regardless of whether your order has been confirmed and paid for. In the event that this does occur, the amount charged will be refunded to you as soon as possible.
6. ND will not be liable for any defects, shortages, damage or non-compliance with the specifications of the product unless you notify ND in writing with full details within 3 business days of having received the product. If you fail to give this notice then you deemed to have accepted the product. If any defects, shortages, claims for damages or non-compliance with the product's specifications are accepted by ND, ND may, at its option, replace the defective product or refund the price of the defective product.
7. ND will not accept return of any product:
(a) That has been altered in any way.
(b) That has been used.
(c) That is not in its original condition and packaging.
(d) Except for products which are determined by ND to be defective and therefore returnable, all sales are final and products are not returnable. Unauthorised return of product will not be accepted by ND.
8. ND agrees to credit, exchange, replace of re-send any product delivered to you by mistake due to ND's error, provided that any such product is received and returned undamaged, unopened, unused and in a re-saleable condition and within 14 days of receipt by you of the product.
9. The ND website is provided on an "as is" basis without any representation or warranty. ND makes no representations or warranties of any kind, whether express or implied in relation to the website or products offered on the website whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from a course of dealing or usage or trade. Further, ND makes no warranty that the website or products will meet your requirements or will be uninterrupted, timely, secure or error free, that defects that will be corrected or that the website or the server that makes it available or products offered on the website are free of viruses or bugs or are fully functionally, accurate or reliable. ND will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the website.
10. You acknowledge that ND cannot guarantee and therefore shall not be in any way liable for the security or privacy of the website and any information provided to or taken from the website by you. Further, ND will not be liable in contract, tort in connection with the website or the products offered on the website for any economic loss, loss of goodwill or reputation or any special or indirect or consequential losses.
11. If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.
12. You acknowledge that ND gives no undertaking as to the availability of any product advertised on our website.
13. All prices are in Australian dollars and are inclusive of Goods & Services Tax and although ND endeavours to ensure that the prices displayed are current, ND reserves the right to amend prices at any time.
14. Payment terms are strictly point of sale through ND's online payment gateway and payments shall be made via a valid major credit card as may be accepted by ND or Paypal. By providing ND with this information you agree that ND is not liable for its misuse due to error in transmission or virus or malware or cyber related crimes. Payment for the product is you acceptance of a contract of sale with ND and all such contracts of sale are governed by these Terms and Conditions.
15. ND products:
(a) Are not intended or designed as therapeutic related goods.
(b) Are not intended or designed to treat, prevent, diagnose or cure any medical condition, disease or the like.
(c) Are not to replace any advice from your doctor and you are encouraged to consult your doctor and conduct your own research and your own due diligence prior to purchasing any products.
16. By accessing ND's website and using ND's products, you agree to indemnify and hold ND harmless from all actions claims suits and demands costs and expenses arising from or in connection with your use of ND's products and the ND website.
17. These Terms and Conditions contain the entire agreement between ND and you and no variation shall be binding on ND unless such variation is in writing and signed by a duly authorised Officer of ND. These Terms and Conditions supersede any previous agreements and no oral explanation or oral information given by ND shall alter the interpretation of these Terms and Conditions. You acknowledge that you have not relied on any representations, save insofar as the same have expressly been made representations in these Terms and Conditions.
18. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria and any claim made which in any way arising out of these Terms and Conditions shall be heard in Victoria and you agree to submit to the jurisdiction of Victorian Court.
NUTRIENTS DIRECT AFFILIATE PROGRAM
The Nutrients Direct Affiliate Program (“Affiliate Program”) is established between Nutrients Direct Pty Ltd (“ND”) and you (“You, Your, Affiliate”) as an affiliate of Nutrients Direct and part of Team ND. By becoming an Affiliate of ND under the Affiliate Program you agree to be bound by the following Terms and Conditions.
ND reserves the right to amend these Terms and Conditions and the Affiliate Program at any time and your application to join the Affiliate Program constitutes your agreement to be bound by these Terms and Conditions and as they may be amended from time to time.
- In order to become an Affiliate, all applicants must submit their details through the Affiliate Program on the ND website.
- If approved as an Affiliate, you will receive a unique code for sending to your clients. Should your clients make a purchase using your unique code, you will then be credited with commission which will be credited directly to your account in the form of Muscle Money. This commission shall take into account any discounts the client receives but does not take into account shipping costs. The commission is currently set at 5% of your client’s order (“the Commission”).
- To receive the Commission, your client must click on your link in your email or use your unique code in the first instance. For subsequent orders they must be logged in for you to receive the Commission. Should the client seek a return of the product for which the Commission has been paid, ND shall debit your account for any Commission paid for said sale. No commissions shall be paid where your client has not logged in to their account when making a purchase.