Terms and Conditions of Supply – IBEND Pty Ltd trading as The Wholefood Hub (ABN 37 166 192 945) (“Seller”)
Unless otherwise agreed in writing by the Seller, the Buyer agrees that it will be bound by these terms and conditions if the Buyer places an order with the Seller and it is accepted by the Seller. The Seller is not bound by any terms and conditions contained in any document issued by the Buyer.
Orders, Quotations and Price
Once an order has been accepted by the Seller, it cannot be cancelled by the Buyer. The supply of goods or services is subject to availability. The Seller reserves the right to suspend or discontinue the supply of goods or services to the Buyer at any time, even if an order has been accepted. If the Seller is unable to supply all of the Buyer’s order, these terms and conditions continue to apply to any part of the order supplied.
The Seller’s selling price is the price specified in the price list as at the date of order. Unless otherwise stated, the selling price includes any applicable GST. The Seller may at any time change its price list and the Buyer is bound by those changes. The Buyer must accept any corrections to errors or omissions in invoicing and, where applicable, the Buyer must accept the amended pricing and pay the difference within the approved terms of trade.
Unless otherwise agreed in writing by the Seller, all freight from the Seller’s premises to the Buyer is at the Buyer’s expense. The Seller is authorised by the Buyer to arrange, as agent for the Buyer, the delivery of the goods to the Buyer. The Buyer will bear all risks with respect to the goods during carriage and is responsible for effecting any insurance of the goods during carriage. The Seller may charge a reasonable handling fee for all orders delivered to the Buyer. The Buyer indemnifies the Seller for the cost of all transport arranged by the Seller on the Buyer’s behalf.
If a delivery date is specified, that date is an estimate only and the Seller is not liable for any delay in delivery. Time is not of the essence in relation to delivery and the Buyer must accept delivery and pay for the goods delivered, including transport costs if applicable, even if they are delivered after any specified delivery date.
Inspection, Acceptance and Returns
Any claim that the goodsor services are not in accordance with these terms and conditions (including if they are defective, damaged during delivery, are short delivered or services not as per contract) must be made at the time of delivery of the goods or provision of the services, or in writing to the Seller within 48 hours after delivery of the goods/completion of the services to the Buyer. If the Buyer fails to make a claim then, to the extent permitted by law, the goods or services are deemed to have been accepted by the Buyer and the Buyer must pay for the goods or servicesin accordance with these terms and conditions. Unless otherwise agreed in writing by the Seller, the Buyer has no right, other than as provided under the Australian Consumer Law, to return any goods. Where the Buyer believes it has a right to return the goods and receive a refund it must first contact the Supplier to discuss the issue.
Unless otherwise agreed in writing by the Seller, the Buyer must pay for goods at the time of order. Payment must be made using electronic funds transfer or Paypal. The Seller may charge an administration fee for any payments by Paypal. The Buyer indemnifies the Seller for all costs incurred if any payment is subsequently cancelled or reversed by the Buyer’s Bank or Paypal, regardless of the reason.
If the Seller cancells any order, or part order, by the Buyer whether due to the commission of a material breach of these terms and conditions by the Buyer or for any other reason, the Seller will, subject to offsetting any amount payable against any amounts owing to the Seller by the Buyer, refund the purchase price or part purchase price (as appropriate) that has already been paid for the order or part order.
The Buyer has no right to set-off any claim against the Seller from moneys owing to the Seller.
Risk and Title
Goods supplied by the Seller to the Buyer are at the Buyer’s risk immediately on delivery into the Buyer’s custody, including its carrier or forwarder.
Property in the goods passes to the Buyer on payment.
Formulations, Specifications and Instructions
The Seller will retain ownership, copyright and all intellectual property rights in relation to all formulations and specifications prepared by it for or on behalf of the Buyer, despite any payment made in accordance with these terms of sale.
The Seller is not responsible for the accuracy, performance or suitability for purpose of any formulation, specification, information or instruction provided by the Buyer. The Buyer is responsible for the accuracy of any formulation, specification, information or instruction provided for use by the Seller. Where the Seller has followed any formulation, specification, information or instruction furnished by or on behalf of the Buyer, the Buyer indemnifies and will keep the Seller indemnified against all claims, damages, losses, penalties, costs and expenses to which the Seller may become liable by reason of using or following the formulation, specification, information or instruction, including any infringement of any patent, registered design, trademark, copyright or any other right of a third party, including moral rights.
Limitation of Liability
To the extent permitted by law, these terms and conditions exclude all other conditions, guarantees, warranties, liabilities or representations in relation to the goods and/or services. Where legislation implies in these terms and conditions any condition or warranty that cannot be excluded or modified, to the extent permitted by law the liability of the Seller for a breach of any such condition or warranty is limited at the Seller’s option to any one or more of the following: a) In the case of goods: i. replacement of the goods or the supply of equivalent goods; ii. payment of the cost of replacing the goods or of acquiring equivalent goods, by credit to the Buyer’s account, in cash or by cheque at the Seller’s discretion; or iii. repayment of any part of the purchase price of the goods which has been paid by the Buyer, by credit to the Buyer’s account, in cash or by cheque at the Seller’s discretion. b) In the case of advice, recommendations, information or services, by supplying the advice, recommendations, information or services again.
Subject to clause 14, the Seller is not liable for any loss or damage of any kind whatsoever and howsoever arising out of or in connection with the supply of goods and services, including (without limitation) any indirect or consequential loss (including without limitation loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings), arising out of or in connection with the supply of goods or services, even if due to the negligence of the Seller or any of its employees or agents.
This agreement contains the entire understanding of the parties as to its subject matter. There is no other understanding agreement, warranty or representation whether express or implied in any way defining or extending or otherwise relating to these provisions or binding on the parties with respect to the goods of their operation. The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded. If any provision of these terms or conditions is unenforceable, illegal or void, that provision is severed and the other provisions remain in force.
The Seller may amend or vary these terms and conditions by notifying the Buyer in writing of the amendment or variation.
The laws of the State of Western Australia govern these Terms and Conditions of Supply exclusively and the Buyer submits to the exclusive jurisdiction of the courts of Western Australia.
Welcome to the official The Wholefood Hub website. We hope you enjoy our site, but before you do, here is the deal for using our website, www.wholefoodhub.com.au. If you access any areas of our website we will take that as agreement to these terms and conditions. If you do not agree that’s fine, but please do not use our website.
Using this Website
The information on our website is only intended for residents of Australia. The information does not take into account the particular circumstances of you or anyone else and it will also change from time to time. That means the information is only a guide and if you want to know something specific, especially about our products, please contact us.
When using the information and material on our website (and any other website that might be linked to ours), you are solely responsible for deciding whether the information is appropriate to your particular situation.
As we all know, the Internet is not a secure environment. If you send us information, including your email address or your bank, credit card or Paypal details, it is sent at your own risk. You are responsible for information you provide to us through or in relation to this website. In particular, the information you provide must not be fraudulent and misleading, must not infringe on anyone else’s rights and must not violate any applicable law or industry code of conduct.
This website and its contents are provided to you on “as is” basis. While we provide the information in good faith, because the Internet can be unreliable, we do not warrant or guarantee that the information is correct, complete and up-to-date or that the access to our website will never be interrupted.
Like most other websites, to the maximum extent permitted by Australian law we exclude all liability for loss or damage (of whatever kind) and all implied conditions and warranties and all statutory guarantees. If conditions and warranties are implied, or guarantees are imposed, under the Australian Consumer Law or other legislation cannot be excluded but can be limited, we are happy to re-supply or pay for the cost or re-supply of the services provided at our website, but that is the limit of our liability.
If you do not already have an Account you will need to create one before placing an Order, unless you choose to access the site by logging in as a “Guest”. You may not set up an Account for someone else. You warrant that all information provided by you in relation to your Account, as well as any Order you place, is complete, true and accurate. You must notify us immediately if you become aware of any actual or potential unauthorised use of your Account, Password or other personal details Account.
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify us.
If you don’t comply with these terms and someone else takes action against us as a result, then it is only fair that you will indemnify and hold us harmless from their claim or demand, or for any other loss or damage we suffer.
We think that looking after your personal information is really important and we take our responsibilities seriously. You can read our Privacy Statement, a copy of which is located on this website, to understand how we collect and will look after your personal information.
We own or licence the copyright and other intellectual property rights in everything on our website, including the website design, pictures, graphics, brochures, colours and specifications. You can only reproduce it:
(a) for the purpose of browsing our website; and
(b) in hardcopy for the purpose of reviewing the material.
You must not otherwise adapt, reproduce, decompile, disassemble, download, copy, distribute, modify, upload, transmit, reuse or post any information on this website, or create derivative works from any part of this website unless you have our prior written consent.
Our trade marks and logos
Like our other intellectual property, you can only reproduce or use our trade marks, logos, product names or business name with our prior written consent.
Links to other websites
We may include links to other organisations’ websites. Please understand that we have no control over those websites and so do not accept any responsibility for them, including the accuracy, completeness, legality or reliability of the website, its content or the services they may offer you.
The governing law of this website is Western Australia and you agree to submit to the exclusive jurisdiction of the courts of Western Australia.
Our commitment to protect your privacy
In your relationship with IBEND Pty Ltd trading as The Wholefood Hub and Olistico.Pty.Ltd you share personal information with us. This information may include your name, address, telephone numbers, email address, bank account, Paypal and credit card details, date of birth and other personal details in connection with transactions entered into by you with us.
We recognise the importance of your privacy and how important it is for us to protect your personal information. We are committed to protecting personal information which we hold and to complying with all relevant privacy laws in the jurisdictions in which we operate.
How do we collect and hold personal information about you?
We will only collect personal information that is necessary for us to lawfully and ethically carry on our business; to provide the goods and services our customers require; let our customers know about other products and/or services which might interest them; and to assist us generally in managing transactions with our customers, suppliers, consumers and other contacts with us.
The kinds of personal information we collect and hold will depend upon the type of products and services we provide to you or obtain from you. It may be contained in:
– information you give us when you request a product or service from us or enter a competition of ours;
– credit or banking related information necessary to process payment of your purchases from us or our payments to you;
– records of communications between us and you;
– if you have or had one of our products, information about the use of that product or your opinions about that product recorded when you respond to a survey; and
– postings you make on any blog or recipe sharing site we may operate.
The personal information we request is optional, but if you choose not to provide necessary personal information to us, we may not be able to fulfil your request or provide you with the product or service you require. Sometimes, however, there are situations where we are required by law to collect certain personal information from you and, if this is the case, we will inform you of the law that imposes this requirement.
We will collect personal information directly from you whenever it is reasonable practicable to do so. We may, at times, also collect personal information from other parties such as credit reporting and collection agencies, unrelated third parties as well as from your agents or representatives (such as your legal or financial adviser) and from publicly available sources of information.
What do we do with the personal information we collect?
We may keep and file personal information you provide when dealing with us to assist us in providing you with our services and/or information of interest in respect of your business. For example, we may send publications or other information on our products and services to you or follow up on your interest in particular products and services, unless you tell us not to.
In order to do this, we disclose your personal information to those employees or advisers who need to know that information to assist us in providing you with our range of products and services.
We may also disclose information to affiliates and other third parties necessary to process your transactions or service your account (including our share registry, print service providers, call centres and mail houses, our accountants, auditors and lawyers and credit reporting and collection agencies). We may also disclose your personal information in corporate transactions involving the transfer of all or part of our business or its assets or in a corporate restructure. If we do this, we generally require these parties to protect your information in the same way we do.
We may also be required or authorised by law to disclose your personal information. For example, we may disclose your personal information to a court in response to a subpoena or to the relevant Taxation Agency. We may also disclose information to other persons where you have provided your consent to do so and to credit reporting agencies.
Once we no longer require your personal information for any of the purposes for which it was collected we will, subject to any legal obligations and responsibilities, take reasonable steps to destroy or de-identify your personal information.
How do we protect your personal information?
We take all reasonable steps to protect your personal information from loss, misuse, modification, or unauthorised access and disclosure. These steps include access control for our buildings, confidentiality obligations imposed on our employees and use of security measures for computer system access. We do not, however, accept any responsibility for the unauthorised access or use of personal information held by us.
Your privacy on our websites
When you visit our website, we may collect the following personal information from you: your name, information you volunteer such as survey information, email addresses and domain name.
While we take care that the personal information you give us on our website is protected, the Internet is not a secure environment. If you send us information, including your email address, it is sent at your own risk.
Our website does not capture email addresses. If, however, you provide your email address to us, it may be used by us to send you information relating to products and services of The Wholefood Hub. If we send you an email and you do not wish to receive any other emails from us, please notify us and your email address will be removed from our system.
You may be able to access external websites, operated by companies unrelated to us, by clicking on links we have provided. Those other websites are not subject to our privacy standards and we are not responsible for their privacy practices or the content of such other websites. You should contact those websites directly to ascertain their privacy standards, policies and procedures.
What rights do you have in relation to your personal information which we hold?
We take all reasonable steps to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. If you become aware of any errors in your personal information or you change your personal details such as your name, address or bank account details, we ask you to contact us as soon as possible.
In most cases, you can gain access to personal information that we hold about you, subject to certain exceptions allowed by law. You can contact us if you would like details of your personal information which we may hold, or if you would like us to correct it. We will handle any request in accordance with the relevant privacy legislation. We may require you to complete a request form and we also reserve the right to charge a reasonable fee for gaining access. We will deal with requests as quickly as possible, but requests for a large amount of information, or information which is not currently in use, may require further time to process.
Generally, if you request us to do so we will amend any personal information about you held by us which is inaccurate, incomplete or out of date. If we disagree with you about the accuracy, completeness or currency of personal information held by us, if you ask we will take reasonable steps to associate with that information a statement to the effect that you claim this to be the case.
You may also contact us to request us to stop using your personal information to contact you about our products and services. If you no longer conduct business with us, you can ask us to remove your personal information. You can contact our Director if you wish to obtain more information about the way we manage personal information about you which we hold, or if you are concerned that we may have breached your privacy and wish to make a complaint.
Our Director can be contacted at:
Changes to this privacy statement
We may change our privacy policies from time to time to comply with new laws or industry codes of practice which are developed. It is your responsibility to refer to our privacy policies from time to time to familiarise yourself with any changes. We encourage you to visit our website regularly for any updates to our privacy policies.