Terms & conditions

The website www.simplygoodness.com.au and its related services, products, websites, tools and applications (“Website”) is owned and operated by Simply Goodness Pty Ltd ACN 615 545 401 ATF Simply Goodness Trust ABN 22 443 068 110 ("Simply Goodness"). 

These website customer terms and conditions (“Terms and Conditions”) together with all other documents referred to within these Terms and Conditions govern the supply of any Goods ordered by you on the Website or by any other means, including by phone, over the counter or email. By placing an order on the Website and clicking the “I agree” button (or a similarly worded button) you agree to be bound by these Terms and Conditions. If you don’t agree to be bound by these Terms and Conditions, you must not use the Website.

These Terms and Conditions may be updated by us from time to time. Each order placed on the Website will be a separate contract and the Terms and Conditions that apply to an order will be the Terms and Conditions that you agree to at the time you place your order.


1. AGREEMENT

1.1 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.

2. YOUR ACCOUNT

2.1 To access and use the Website, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.

2.2 If we enable you to connect to the Website with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. You should contact us immediately if you believe your Account has been compromised or misused in any way.

2.3 When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Services in our absolute discretion.

3. PLACING AN ORDER FOR GOODS

3.1
You may place an order for Goods by submitting your order through the Website in accordance with these Terms and Conditions.

3.2
Any order placed through this Website for Goods is an offer by you to purchase the particular Goods for the purchase price at the time you place an order. You acknowledge that by placing your order, you are agreeing to pay for and accept delivery of the Goods ordered. Any order placed by you is subject to any limitations shown on the Website.

3.3
By placing the order you are declaring that the goods are for personal use only and will not be made available for resale by you or by someone with your authority.

3.4 We reserve the right to accept or reject your order (or any part thereof) at any time and for any reason.

3.5 The purchase price for the Goods will be displayed on the Website at the time you place an order. Prices and all other details for our Goods are subject to change without notice.

3.6 You must make payment via a method accepted by us as stated on the Website. We will charge you and you agree to pay the purchase price and any other fees shown to you on the Website for the Goods at the time you place your order, except where otherwise specified. Delivery is not included in the purchase price for the Goods. We will provide you with a separate quote for the delivery fee which must be paid before the Goods are dispatched to you and by the time specified by us. Any payments for an order of Goods must be received in cleared funds before the Goods will be dispatched. If your payment cannot be processed, or fails to clear, your order will be rejected and you will be notified by the Website.

3.7 You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.

3.8 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card may attract a small surcharge). You agree to pay such fees at the same time as you make payment to us, even if such fees are not explicitly disclosed on the Website.

3.9 Prices shown on the Website are in Australian Dollars (AUD) and exclude GST, unless otherwise stated.

3.10 All payments must be made in clear funds without set-off or counter claim.

4. TITLE AND RISK

4.1 Title to the Goods purchased from us does not pass from us to you until we have received cleared payment in full for the Goods. All risk in the Goods passes to you upon delivery to your nominated address or when you have collected it from the store (if applicable).

5. DELIVERY OF PRODUCTS

5.1
Once we have accepted your order and received a valid payment in full for the Goods we will endeavour to deliver the Goods within the timeframes as specified on the Website however we are unable to guarantee delivery within these timeframes.

5.2 Please note that all shipping times listed on the Website are an estimate time of delivery only and to the extent permitted by law, we are not responsible for any delays experienced or loss or damage suffered as a result. If you are not available to take delivery of the Goods, or if another issue arises we may at our discretion either take your Goods to a delivery service provider’s local depot or redeliver the Goods to your delivery address at a later date.

5.3 In the event we deliver your Goods at your delivery address and the address is unattended:

  • (a) you give us authority to deliver your order to your nominated address, despite it being unattended (for example, we may leave the Goods at the door); and
  • (b) you acknowledge and agree that delivery will be deemed to have occurred at the time the Goods are left at the delivery address; and
  • (c) you acknowledge and agree that the risk of loss of or damage to Goods passes to you at the time of delivery to the delivery address. For the avoidance of doubt, we will not be liable for any loss of or damage to Goods that are left unattended by us, including if the Goods are stolen or are destroyed.

6. CANCELLATION

6.1
We may cancel an order for Goods at any time (including any orders we have accepted) without any liability to you for that cancellation for any reason including where:

  • (a) the Goods are not available;
  • (b) there is an error in the description or price of any Goods on the Website relevant to your order.

6.2 If we do cancel your order, we will endeavour to notify you and provide you a refund of all payments made.

7. PROMOTIONS AND DISCOUNTS

7.1 From time to time we may provide you with a promotional or coupon code for use when placing and order. It is your responsibility to ensure that the code is valid, and that you enter the code for use at the correct time. The code cannot be applied after you have submitted your order. Separate terms may apply to the use of the code and will be advised by us.

8. WARRANTY AND REFUND POLICY

8.1 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

8.2 Should you have any enquiries about our warranty or refund policy please contact us on the details below.

9. ACCURACY OF BILLING AND ACCOUNT INFORMATION

9.1 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

10. TERMS OF USE

10.1 Please review our Terms of Use for further information on intellectual property rights and other applicable terms that apply to your use of this Website. Its terms are incorporated into these Terms and Conditions by this reference

11. DISCLAIMER AND LIMITATION OF LIABILITY

11.1
You acknowledge and agree that your use of this Website is at your own risk. We provide this Website on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. We exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Goods that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.

11.2 You acknowledge that:

  • (a) all pictures and images of Goods displayed on the Website are for illustrative purposes only;
  • (b) any accessory featured with the Goods may be sold separately.

11.3 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, and the goods are not of a kind ordinarily acquired for personal, domestic or household use our total liability to you for that failure is limited to, at our option the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.

12. GENERAL TERMS

12.1
These Terms and Conditions are governed by the laws of Victoria, and the parties submit to the jurisdiction of the Courts of Victoria and relevant federal/Commonwealth courts competent to hear appears from them.

12.2 If a clause of these Terms and Conditions is void or unenforceable it must be read down to the extent necessary to give it legal effect or severed from if it cannot be read down and the remaining part and provisions shall remain in full force and effect.

12.3 You agree that these Terms and Conditions and all incorporated agreements may be assigned by us in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining our prior written consent.

13. CHANGES TO TERMS OF SERVICE

13.1
You can review the most current version of the Terms and Conditions at any time at this page.

13.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. We will not update our Terms and Conditions retrospectively.

14. CONTACT INFORMATION

14.1
If you have any questions about these Terms and Conditions please contact us by using our contact details on the Website

15. DEFINITIONS & INTERPRETATION

15.1 Definitions
In these Terms and Conditions unless inconsistent with the context or subject matter:

  • (a) Account means an account on the Website;
  • (b) Applicable Laws means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services;
  • (c) Goods means any products offered for sale on the Website or as advised by us from time to time;
  • (d) GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
  • (e) our, us and we means Simply Goodness;
  • (f) Privacy Policy means our privacy policy accessible on the Website;
  • (g) Services means any services we provide to you, including the Website and the sale of Goods;
  • (h) Terms of Use means the Terms of Use used to govern your use of the Website, in addition to these Terms and Conditions, accessible on the Website;
  • (i) User means any person who uses the Website;
  • (j) you and your means a User.

15.2 Interpretation
In these Terms and Conditions, unless inconsistent with the context or subject matter:

  • (a) a reference to a person includes any other legal entity and vice versa;
  • (b) words importing the singular number include the plural number and vice versa;
  • (c) a reference to a party includes the party's heirs, executors, successors and permitted assigns;
  • (d) headings are for reference purposes only;
  • (e) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
  • (f) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
  • (g) unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
  • (h) an obligation of two or more parties binds them jointly and each of them severally.