BODY SCIENCE INTERNATIONAL
WEBSITE TERMS OF PURCHASE
- 2-5 working days for delivery to a capital city in any State;
- 5-10 working days for delivery to most large regional towns; and
- 7-14 working days for delivery to other remote locations.
Please note that these delivery times are estimates only, and actual delivery times may vary. 5.3 If Body Science is unable to deliver Your Goods for whatever reason within 30 days of the date of Your order, Body Science shall notify You to arrange another date for delivery. 5.4 If the Goods ordered are not available to be delivered all at once, Body Science may, at its discretion and on its selected terms and conditions, deliver the Goods ordered in instalments. 5.5 Deliveries do not require a signature on receipt. Where possible Delivery should be to an address where someone is available to receive the Goods during business hours. In the event no one is available to receive delivery, the goods will be left on premises in the safest location available at the address you have stipulated on your order. Body Science shall assume no responsibility for any lost or missing deliveries in this situation. 6. Shipping and Handling Costs 6.1 Our shipping and handling is a flat fee of $9.90, or FREE delivery on orders over $99.00, We encourage our customers to reach this amount to take advantage of the free delivery offer. 7. Cancellation of order and Return of Goods and/or Services 7.1 Once Body Science has received full payment of Your order, then subject to Your statutory rights under the Australian Consumer Law, You have no right and are unable to cancel, refund and/or modify Your order. Body Science does not offer refunds simply in the event You change Your mind or make a wrong decision. 7.2 Notwithstanding clause 7.1, Body Science agrees to replace any Goods purchased from Body Science that are not of acceptable quality, have been wrongly described or do not otherwise meet the consumer guarantees contained in the Australian Consumer Law. You agree to contact Body Science promptly after becoming aware of this. Should this occur, Body Science may request proof of this alleged fault and/or defect as a condition of any refund. 7.3 Should You wish to make a claim relating to your product for (1) damaged in transport or (2) incorrect Goods received, this must be done within 24 hours of receiving your Goods by telephone, email or facsimile. After confirming claims when receiving the returned Goods at our warehouse, we shall then promptly (a) re-supply the item(s) or (b) credit or refund the relevant invoice appropriately. Importantly it is always the customers responsibility to review the Goods received prior to their opening. Goods received, even in the event of incorrect supply, shall only be accepted back for re-supply or credit, if the Goods are unopened & in their original condition. 8. Disclaimers 8.1 Body Science may at any time and without any advance notice to You or any other person make improvements or changes to its Written Material or to any of the Goods. 8.2 You may have statutory rights under the Australian Consumer Law that do not permit Body Science to limit its liability to You in relation to any Goods it may supply to You. However, to the fullest extent permitted by law, in circumstances where Body Science is able to limit its liability, the maximum liability of Body Science for breach of those statutory rights is limited at Body Science’s option to:
(a) replacement of the Goods or the supply of equivalent Goods;
(b) the repair of the Goods; or
(c) the payment of the cost of replacing the Goods or acquiring equivalent Goods, or having the Goods repaired;
8.3 In all other circumstances, and to the fullest extent permitted by law, Body Science’s liability for a breach of this Agreement or any claim or loss (whether arising in negligence or otherwise) incurred or suffered by You in relation to, or arising out of, Your purchase of Goods through the Website, is limited to the amount of the transaction that gave rise to the loss or claim.
8.4 Except as expressly set out in this Agreement, and to the fullest extent permitted by law, in no event will Body Science be liable to You for any special, consequential or indirect losses, any loss of profits, loss of opportunity, loss of data, loss of goodwill or loss arising from business interruption, whether in contract, negligence or otherwise, which You suffer or incur as a result of, or in connection with, any conduct or omission by Body Science, or Your use of the Website, the purchase of any Goods and their use.
9. Indemnity You indemnify and hold Body Science harmless in respect of any and all loss or damage suffered by Body Science, and any claims or demands that may arise against Body Science relating to or in connection with Your wrongful or negligent use of any Goods purchased from Body Science using the Website. 10. Severability If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of these terms and conditions shall remain in full force and effect. 11. No Waiver The failure by Body Science to insist upon or enforce strict performance of any part of this Agreement will not be construed as a waiver of any right or remedy of Body Science in respect of any existing or subsequent breach of this Agreement. 12. Dispute Resolution In the event of a dispute arising out of or in connection with these terms or any contract between You and Body Science, then You agree to attempt to settle the dispute by engaging in good faith with Body Science in a process of mediation before commencing any arbitration or litigation. 13. Force majeure Body Science is not liable and is hereby released by You from any claim, liability or responsibility pursuant to this Agreement concerning any failure by Body Science to perform any obligation under this Agreement where such a failure is due to strike, lock-out, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of Body Science and no such failure shall entitle You to terminate this Agreement. 14. Entire agreement This Agreement constitutes the entire agreement between You and Body Science for the purchase of the Goods and/or Services using the Website, and they replace all prior or contemporaneous undertakings or agreements, written or oral, regarding such purchase. 15. Variation Any variation to this Agreement shall be effective only if accepted in writing by Body Science. 16. Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland. 17. Customer Service You can contact Body Science by calling +1300 BODYSCIENCE [1300 263972] or +61755860700 between 9am and 5pm EST Monday to Friday, Faxing to 1800 BODYSCIENCE [1800 263972] or +61 5689 1656, or by sending an email to firstname.lastname@example.org