Terms and Conditions of Use and Sale
These Terms and Conditions (the "Terms") govern the use and sale of Goods and Services via www.fermio.com.au, including our Social Media outlets (collectively, the "Sites"), which are owned and operated by FERMIO LAB PTY LTD (referred to in this Agreement as "We", "Us" or "Our").
If you have any questions or concerns about these Terms and Conditions or any of our policies, please contact our Customer Care Team for assistance.
Customer Service Hours: Mon-Fri 9:00 AM - 5:30 PM AEST
Phone (From Australia): 1300 792 847
Phone (From Overseas): +61 2 8875 7824
Alternatively, please use the CONTACT US form here.
UPDATES AND REVISIONS
We may amend or update these Terms and our Policies at any time without providing notice to you or by posting the changes on our Sites. Any amendments or updates will be effective immediately upon posting, and it is your responsibility to check our Terms and our Policy pages for any variations before you continue to use our Sites or Services.
Your access or use of the Sites after updated versions of our Terms or Policies have been published indicates your acceptance and agreement to be bound by the updated Terms or Policies.
You must not (or attempt to):
- Interfere or disrupt our Sites, our servers or networks that host the Sites.
- Tamper with, hinder the operation of or make unauthorised modifications to our Sites.
- Use data mining, robots, or similar data gathering and extraction tools on our Site.
- Interfere with any security-related feature of our Sites.
- Use, copy or distribute our content without our express permission.
- Use our Sites (including our Social Media outlet) for any activities or for any purpose which is illegal in our / your jurisdiction(s).
REGISTRATION & USER ACCOUNTS
Registration on this Site is not mandatory for placing orders. If you choose to create an account to use any of the services, promotions or features available on our Sites, you must keep your login credentials secure. You are solely responsible for the use of your username and password, and any orders placed under it, even without your knowledge.
If you know or suspect someone has accessed our Sites using your login credentials without your authorisation, you should notify FERMIO LAB immediately.
We may, at any time, in our sole discretion, to suspend or terminate the access to our Sites for any user without notice for any reasons, including, but not limited to a breach of our Terms.
These Terms shall survive any such termination and remain in force. We may disclose any information we may have about a user in relation to internal or external investigations or allegation that your use of our Sites breaches these Terms or any applicable laws in our / your jurisdiction(s).
This Site and all its content are owned, controlled by, or licensed to FERMIO LAB PTY LTD and are protected by copyright, trademark and other intellectual property rights. Except where the law expressly allows, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish or broadcast the materials displayed on our Sites, including but not limited to, all editorial materials, information, artwork, illustration and other graphic materials, without the prior written consent of FERMIO LAB PTY LTD.
No trademark (whether registered or not) that is displayed on our Sites (including Social Media) may be used in any way without the prior written permission of FERMIO LAB PTY LTD or the relevant trademark owner.
If you are an authorised reseller of FERMIO's products and would like to request permission to use content from our Site for business purposes, please contact your Account Representative for further details.
FERMIO LAB reserves all other rights not expressly granted in writing.
DISCLAIMER & LIABILITY
The information contained on our Sites (including Social Media) is provided by FERMIO LAB in good faith. Whilst due care has been taken to ensure the accuracy and currency of products, descriptions and information, we do not promise or represent that our Sites are completely free from errors, inaccuracies or omissions and may not be complete or current at the time of your access. FERMIO LAB reserves the right to make any necessary corrections, and we have no liability to you for your use of or reliance on our content.
Any nutritional, dietary, lifestyle or medical information contained in our Sites does not constitute nor replace professional dietetic, fitness or medical advice pertaining to individual users of the Site. This information is provided for general education purposes only, and all persons using our Sites and Services agree to take responsibility for assessing its veracity and relevance to them, by consulting with a trained health professional with knowledge of their specific needs and risks. FERMIO LAB does not accept any liability to any person for the information or advice (or use of such information or advice) which is provided on our Sites, or incorporated into it by reference.
Our Sites may contain links to websites operated by third parties - These links are provided for your convenience, and their inclusion does not imply any endorsement or validation by FERMIO LAB of the content, product or services provided by third-party websites. You are subject to the terms and conditions of use of such third-party websites, and your access and use of the information, products and services on third-party websites is solely at your own risk.
FERMIO LAB does not warrant or guarantee:
- The accuracy or completeness of any information available on our Sites.
- Access to our Site will be uninterrupted, free of errors or 100% secure.
- That any defects on our Sites will be corrected immediately.
- That the Site will be free from viruses, trojan horses or other harmful code.
- The quality of any product or service on any linked sites operated by third-parties (including those featured in any banner or other advertising).
Consumers in Australia are protected by a number of statutory conditions and warranties which cannot be excluded. These Terms are subject to the rights you have under the relevant legislation - where any law provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law. No claim of any kind, whether as to Goods delivered or non-delivery of Goods, or otherwise, shall be greater in amount than the original purchase price of the Goods in respect of which damages are sought.
Your use of the Internet is at your own risk - except as required by law, in no event shall FERMIO LAB, our affiliates and related entities, directors, officers, employees, agents, contractors or successors be held liable (whether in contract, tort or otherwise) for any damages arising out of, or in relation to, your use of our Sites, including the use of any information on it. This limitation applies to direct, indirect, consequential, special punitive or other damage suffered, including, but not limited to, damages for loss of revenue, loss of profits, loss of goodwill, business interruption or the loss of data or information.
You will at all times indemnify, and keep indemnified, FERMIO LAB, our affiliates and related entities, directors, officers, employees, agents, contractors and successors, from and against any loss (including legal costs and expenses) or liability incurred or suffered by you, where such loss or liability arose out of your conduct or failure to comply with these Terms.
FERMIO LAB will not be liable for any delay or failure in performing any of its obligations if it is prevented from or delayed by circumstances beyond our reasonable control (an event of Force Majeure). Such an event or circumstance may include, but is not limited to the following:
- Natural disasters (e.g. earthquakes, flood, fire)
- Strikes or industrial disputes (including those of our contractors or suppliers, such as banking and postal systems)
- Major civil disturbances (e.g. riot, war, acts of terrorism)
WAIVER & SEVERABILITY
The failure of FERMIO LAB to exercise or enforce any right or provision under these Terms or Policies does not constitute a waiver of the right or provision. Any waiver of any right or provision under these Terms will only be effective if FERMIO LAB issues it in writing. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
If any of these Terms are found to be unenforceable, unlawful or held to be invalid, the relevant provision(s) will be removed from these Terms, and the remaining Terms will remain in force.
COMPLIANCE WITH TERMS
You agree to be bound by these Terms each time you visit our Sites or submit an Order to us via any means. In paying or attempting to pay for your Order, you warrant that you have not engaged in any fraudulent conduct or contravened any Law. Each Order you place forms a separate and binding agreement between you and FERMIO LAB for the supply of goods, in accordance with these Terms.
Whilst we endeavour to ensure the products you order are available for delivery, all stock availability displayed on our Sites are promoted in good faith at the time of order receipt. Once you submit an Order, you will receive a confirmation e-mail indicating receipt of your Order and is not a guarantee of availability. Once our warehouse has confirmed availability of your Order, you will receive e-mail notification of your Order’s progression from “Submitted” to "Processing" status.
If we are unable to fulfil all or part of your Order, we will use reasonable endeavours to contact you via the details you have supplied us within five (5) business days to notify you and arrange a full or partial refund. Your receipt of the refund will depend on the length of time it takes your financial institution to finalise the refund transaction. FERMIO LAB is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
Orders may be subject to minimum / maximum quantities as determined by FERMIO LAB from time to time, and we reserve the right to withdraw or suspend the sale of any product displayed on our Sites either temporarily or permanently at any time without prior notice to you. FERMIO LAB will not be liable to you for any loss you or any third party suffer as a result of the withdrawal or suspension of a particular product.
You acknowledge and agree that:
- All pictures and images of the Goods displayed on our Sites are for illustrative purposes only.
- Any accessories featured with the Goods is for illustrative purposes only and may not be for sale.
ACCEPTANCE, REJECTION OR CANCELLATION OF ORDERS
We reserve the right to accept or reject your Order for any reason at any time. Due to legal or other restrictions, some of our products may not be available for delivery to certain locations, and FERMIO LAB retains absolute discretion in determining the range and quantity available, as well as the method of delivery used to deliver Goods to any location.
When we accept your Order, it represents an agreement by us to supply you the Goods in accordance with your Order and these Terms. Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the nominated delivery address in accordance with these Terms or Conditions. Therefore, you should carefully check that your Order is accurate before you submit it for processing. You will, however, be able to return faulty, damaged, or incorrectly delivered Goods in accordance with our Returns Policy.
In the event we reject your Order, we will endeavour to notify you of that rejection and the reason for it using the contact details you provided, within two (2) business days of order receipt. FERMIO LAB will not be liable to you for your loss, or that of any third party for the rejection of an Order.
Where we reject an Order and your payment for the goods has already been processed, we will refund any money paid to us and make reasonable endeavours to process your refund within five (5) business days.
If your Order is affected by a genuine error on the Site (including, but not limited to the product description, image or price), we reserve the right to reject your Order and refund any money paid to us. Your receipt of the refund will depend on the length of time it takes your financial institution to finalise the refund transaction - FERMIO LAB is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
You are solely responsible for providing and maintaining the accuracy and currency of your personal and contact information to facilitate FERMIO LAB in our provision of Goods or Services to you. We will not be liable with respect to any delays or loss you or any third party might suffer as a result of our inability to contact you with the personal details supplied in your Order for order verification, status updates or other purposes.
You should refer to our Shipping and Delivery Policy, which is expressly incorporated in these Terms, for the applicable delivery fees and timeframes.
Notwithstanding anything else stated on the Site, you acknowledge and agree:
- FERMIO LAB reserves the right to choose the most appropriate delivery service provider and method of delivery to deliver your Goods.
- We cannot guarantee that delivery will occur within the stated delivery timeframes, which may change due to unforeseen circumstances that are beyond our control. FERMIO LAB is not liable with respect to any loss you or any third party might suffer as a result of any changes in delivery times or delays in delivery.
- FERMIO LAB will not be liable for any damage or loss due to unloading or packaging, or damage to property caused upon entering premises to deliver the Goods.
- If we are unable to deliver your Goods because there are restrictions on access to the nominated delivery address, or it is unsafe or impractical to make the delivery, our delivery partners will leave a calling card with further instructions. It is your responsibility to follow the instructions stated on the calling card to collect the Goods or organise redelivery.
- If you do not follow the instructions and time limit specified on the calling card after the first delivery attempt, you may incur further storage or associated fees for redelivery. FERMIO LAB will not be liable for these charges.
- You warrant to FERMIO LAB that any nominated representative receiving the Goods on your behalf at the delivery address is duly authorised by you to do so.
VERIFICATION OF YOUR ORDER
It is your responsibility to inspect and verify the quantity and condition of the Goods upon delivery. In the case of damaged, incorrect or missing Goods, you must notify and lodge a claim with FERMIO LAB within seven days of delivery receipt.
RETURNS AND REFUNDS
Return claims (including for replacement products, refund or store credit) are detailed in our Returns Policy, which is expressly incorporated in these Terms. Please refer to our Returns Policy to determine your entitlement to a return and the process involved.
RISK AND TITLE
Risk and Title in the Goods pass to you on the date and time of its physical transfer to the designated delivery service provider.
PROMOTIONS AND DISCOUNTS
From time to time, FERMIO LAB may offer promotions or discounts on purchases made through our Sites. Such promotions or discounts do not apply to purchases made at other online or retail outlets. Terms and conditions may apply to the use of these offers, and it is your responsibility to read the terms carefully to ensure you can take proper advantage of our offers.
If you receive a promotional or coupon code for use when shopping on our Sites, you must enter the code at the time of making your purchase. We cannot apply the code retrospectively once you have submitted your Order. Any code we provide to you is non-transferable and, unless expressly stated, may not be used in conjunction with other offers. If your code is lost or stolen, it will not be reissued.
Any percentage off stated applies to the Australian recommended retail price of the product, including the Goods and Services Tax (GST).
Discounts, including any percentage off offers, are not available when purchasing gift cards.
When you order Goods for delivery to destinations outside of Australia, you are the importer of record and are solely responsible for complying with the laws and regulations of the country where the Goods are being delivered. FERMIO LAB shall have no liability if the Goods do not comply with the laws and regulations of the country of delivery.
As the importer of record, you may also be subject to import duties, taxes and clearances charges that are levied upon the Goods once it reaches the destination country. You or your recipient is responsible for these charges and FERMIO LAB is not liable for them. FERMIO LAB has no control over duties and charges levied outside of Australia and cannot predict what they may be. If you are unsure, you are advised to contact the relevant Customs office overseas before placing your Order.
GOODS AND SERVICES TAX
All prices displayed on the Site are inclusive of Australian Goods and Services Tax (GST) where applicable. You must pay FERMIO LAB any GST payable for the provision of the Goods and Services. A compliant Tax Invoice will be issued with every order.
LAWS AND JURISDICTION
These Terms and Conditions of Use and Sale are governed by and must be construed in accordance with the laws of New South Wales, Australia, and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales. If you access our Sites from a jurisdiction outside of Australia, you are responsible for compliance with applicable local laws. FERMIO LAB makes no representation that the content, Terms and Policies of our Sites complies with the local laws of any country outside of Australia.
Last Revised: 18 August 2017