Thank you for visiting the australiafinest.com.au web site (the “Site”). This Site is designed to provide a convenient, private and informative retail experience for consumers to purchase products essential for maintenance of healthy living style, greater health and for prevention of future illness.
This Site is owned and operated by AUSTRALIA’S FINEST EMPORIUM (AFE) affiliate company ASPIRIAS GROUP PTY LTD – ACN: 50 645 763 613. Throughout the site, the terms “we”, “us” and “our” refer to AUSTRALIA’S FINEST EMPORIUM.
AUSTRALIA’S FINEST EMPORIUM want each visitor to the Site (“you”) to have a safe, pleasurable visit, so we have established the following terms and conditions so that we both know what to expect from each other. By using the Site you agree to be bound by the terms following. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ACCURACY OF BILLING AND ACCOUNT INFORMATION
ERRORS, INACCURACIES AND OMISSIONS
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
INTERNATIONAL DESTINATION RESTRICTIONS & LIABILITY
INFORMATION DISCLAIMER
All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.
Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the products supplied via this Site. This information is not to be taken as any sort of professional medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.
The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical condition. Nothing contained in the service is intended to be or should be taken for medical diagnosis or treatment.
PRODUCTS OR SERVICES
All products or services are available exclusively online through the website may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We shall not be liable to you or to any third-party for any modification, price change, price inaccuracy, suspension or discontinuance of the Service.
DISCLAIMER FOR USE OF SITE
You expressly agree that use of the site is at your sole risk. In no event will AUSTRALIA’S FINEST EMPORIUM, its directors, officers, employees and representatives, third-party content providers or the like warrant that the site will be uninterrupted or error-free. In addition AUSTRALIA’S FINEST EMPORIUM, do not make any warranty as to the results that may be obtained from the use of the site, or use of the information, content, service, or products provided through the site.
Further, AUSTRALIA’S FINEST EMPORIUM explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or wilful acts of AUSTRALIA’S FINEST EMPORIUM, its directors, officers, employees and representatives or (vi) any other matter relating to the site.
You agree to indemnify and hold AUSTRALIA’S FINEST EMPORIUM, and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the content you submit, post to or transmit through the site, your use of the site, your connection to the site, your violation of the terms of use, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Except as expressly stated herein, AUSTRALIA’S FINEST EMPORIUM makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. Except as expressly stated herein, AUSTRALIA’S FINEST EMPORIUM expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose except for the ‘consumer guarantees’ outlined in the Australian consumer law (found at www.accc.gov.au). You agree that the sole and exclusive maximum liability to AUSTRALIA’S FINEST EMPORIUM arising from any product sold on the site shall be the price of the product ordered.
In no case shall AUSTRALIA’S FINEST EMPORIUM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
In consideration of your use of the Site, you agree to:
– Provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Information”) and
– Maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Site.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. AUSTRALIA’S FINEST EMPORIUM consider this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. AUSTRALIA’S FINEST EMPORIUM reserves the right at any time after receipt of your order to accept or decline your order for any reason. AUSTRALIA’S FINEST EMPORIUM reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
PROHIBITED USES
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
OUR RIGHTS
AUSTRALIA’S FINEST EMPORIUM may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.
AUSTRALIA’S FINEST EMPORIUM may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
INTERNATIONAL DESTINATION RESTRICTIONS & LIABILITY
AUSTRALIA’S FINEST EMPORIUM thoroughly monitors all international orders and inspects all packages leaving our distribution centres to ensure that all items ordered by customers are included in each order and that each order is safely packed for International shipping.
We, however, has no control over International Customs or International Postal Operations and as such, takes no responsibility for damaged items or items claimed to be missing. We will not refund any International orders where such claims are made. We recommend such claims are placed with your local customs and or postal service.
AUSTRALIA’S FINEST EMPORIUM is not liable for any cost that may be incurred due to customs tax or delivery tax. We holds no liability to any orders that are detained by any countries customs, this may also affect delivery times and we holds no responsibility on the order being delivered within a certain timeframe or cost. We cannot guarantee the quality of any consumable products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them. We cannot guarantee the quality of any food products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them. We will refund the exact amount of a cancelled order in Australian Dollars, however for international orders the currency at the time will dictate how much will be deposited back into your account. AUSTRALIA’S FINEST EMPORIUM is not liable for any discrepancy of currency at the time of the refund.
By agreeing to purchase the goods in your basket today, you accept that AUSTRALIA’S FINEST EMPORIUM is responsible for the picking packing and dispatching of your goods to you. If for any reason whatsoever, be it taxes, custom law, duties or any other reasons whatsoever your parcel does not make it to your door and we has picked, packed and dispatched the goods you have ordered, whilst we regret the non-delivery, AUSTRALIA’S FINEST EMPORIUM is unable to refund your payment.
AUSTRALIA’S FINEST EMPORIUM is unable to guarantee goods purchased on our web site will be compliant with your local laws and regulations and as such be permitted to make it to your door.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless AUSTRALIA’S FINEST EMPORIUM and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.
GOVERNING LAW
As far as legally possible this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of New South Wales and you agree to submit to having the matter dealt with in a court in Sydney in the state of New South Wales, Australia or another Australian jurisdiction.
CONTACT INFORMATION
Questions about the Terms and Condition of Service should be sent to us at: hello@australiafinest.com.au