Terms and Conditions
Version dated 2 February 2024
- User Agreement
1.1 The a2 Store® (https://www.a2store.com.au) (our “Website”) is operated by a2 Exports Australia Pty Limited (ABN 37 154 919 365). Throughout these terms and conditions, and on the Website, the terms “we”, “us”, and “our” refer to a2 Exports Australia Pty Limited. Our store is hosted on Shopify Inc. They provide us with the Website, including the online e-commerce platform that allows us to sell our products directly to you online.
1.2 By accessing, browsing, purchasing from, or otherwise using the Website, you accept these terms and conditions ("Terms and Conditions") and our Privacy Policy, in each case, as amended from time to time. If you do not agree to these Terms and Conditions or any amendment to these Terms and Conditions, you must immediately stop accessing or using this Website (including purchasing any products from us via the Website). To use the Website, you must be at least 18 years old and have capacity to enter into a legally binding agreement with us. These Terms and Conditions apply to all users and use of the Website, including without limitation users who are browsers, vendors, customers and/or contributors of content.
1.3 The Website is intended to be used only by users within Australia, but may be accessible by users outside of Australia. You must comply with all applicable laws when using the Website, and if you are using the Website from outside of Australia, then these applicable laws might include the laws of foreign jurisdictions. To the extent permitted by law, use of the Website outside of Australia will be at your own risk and, subject to clause 13, we disclaim all liability in connection with these Terms and Conditions (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise).
1.4 We may update, change, replace or remove any part of the Website at any time, including changing the products that we make available for sale and the prices. We also reserve the right to vary or amend these Terms and Conditions at any time. Each time you use the Website, you should review the currently applicable version of the Terms and Conditions available on the Website. If you are not comfortable with any updates or changes to the Terms and Conditions or to the Website, you should immediately cease using the Website. Your continued use of the Website indicates your acceptance of any changes and updates to the Terms and Conditions and Website.
1.5 These Terms and Conditions are in addition to and do not affect any other agreements that you have entered into or will enter into with us, or any of our affiliated entities, including for the purchase of any of our products.
2 Registration
2.1 You may purchase products from the Website without an account (i.e. as a guest) or you may choose to register an account with us. To become a registered user of the Website you will need to provide us with certain personal information, including your name and a valid email address. You must ensure this information is accurate and current and update us on any changes to this information.
2.3 Registered accounts are personal. You are not permitted to register, or attempt to register, more than one account.
2.4 We reserve the right to decline an application for registration in our absolute discretion. Registered users will have a selected username and password. If you are a registered user of this Website, you will be responsible for all use of the website through use of your username and password. You are also responsible for keeping your username and password secure and secret.
2.5 The password you select should not relate to any readily accessible data such as your name, birth date, address and telephone number, driver’s licence or passport. Neither should it be an obvious combination of letters and numbers such as sequential or the same numbers. If you believe an unauthorised person knows your password, you must notify us immediately using the details in clause 21.2 below and change your password as soon as possible.
- Orders
3.1 You may order products from us as set out on the Website. Any order placed through the Website is an offer by you to purchase a particular product or products for the price notified at the time you place your order.
3.2 We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time you place the order or within a reasonable time thereafter. Each order that we accept results in a separate binding agreement between you and us for the supply of the products purchased, and that agreement is subject to these Terms and Conditions.
3.3 It is your responsibility to check the order details, including the selected products and pricing, before you submit your order.
3.4 When you order and pay through the Website and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of the products ordered.
3.5 You may not order products in excess of any product or other transaction limit specified by us from time to time. For example, more than the initial limit of 9 units of any product per order via the Website. We reserve the right to cancel and refund any order if these limits are not being followed.
3.6 You must not order any product with the intent to resell those products, including for trade purposes.
- Price, Payment and Use of Discount/Coupon Codes
4.1 You agree to pay us the purchase price of each product you order plus any applicable costs (for example, delivery costs) as such costs are set out on the Website (the Price), in accordance with this clause 4.
4.2 All amounts are stated in Australian dollars and are inclusive of GST (where applicable), in each case unless stated otherwise.
4.3 The Price must be paid at the time of purchase using one of the payment methods on the Website. All payments must be received in full prior to dispatch of any ordered products. If your payment is not received or is declined by us (or our third party payment processor), your bank or credit card issuer, we may cancel your order and we are under no obligation to hold items against your order.
4.4 You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit or credit card, you warrant that:
4.4.1 the information that you provide to us or our third party payment processor is true and complete;
4.4.2 you are authorised to use that card to make payment;
4.4.3 your payment will be honoured by your card issuer; and
4.4.4 you will maintain sufficient funds in your account to cover the Price.
4.5 Where we offer payment options via a third party payment processor, the payment may be subject to the third party processor’s separate terms and conditions.
4.6 From time to time, we may make promotional discount codes or other offers available for products purchased via the Website. The use of a particular discount code will be subject to the specific terms or conditions associated with that discount code and/or promotion, which will be made available on the Website or at the time the promotion is made available to you. Discount codes and promotional offers may not be used in conjunction with any other discount codes or promotional offers.
4.7 In this clause:
4.7.1 ‘GST’ has the same meaning as in the GST Law.
4.7.2 ‘GST Law’ means the A New Tax System (Goods & Services Tax) Act 1999 (Cth) and associated regulations and, unless otherwise defined in these Terms and Conditions, terms defined in that Act have the same meaning in these Terms and Conditions.
- Product Availability and Our Order Cancellation
5.1 All purchases of products made through the Website are subject to availability. While we do try to keep the full range of products in stock and the Website up to date with availability of the products, there might be times when you are unable to order products on the Website or appear to be able to order these products on the Website but they are actually not available.
5.2 We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where we are not able to provide you the products without delay (for example, because they are out of stock) or because there was an issue with the description of the product on the Website. If we need to cancel your order, we will contact you about this using the contact details that you provided us with (for example, on making the purchase) and provide you with a full refund of the Price.
- Change of Mind Returns
We do not provide refunds or exchange goods for change of mind or errors that you have made in your order. However, nothing in these Terms and Conditions exclude your rights under the Australian Consumer Law.
- Delivery, Title and Risk
7.1 Subject to these Terms and Conditions, products ordered and paid for will be delivered to the Australian address you provide at the time of purchase. We are not able to delivery to PO boxes, and so orders with a PO Box as the delivery address will not be processed and may be cancelled by us. Delivery confirmation will be provided to you by email. We are currently only able to deliver to Australian addresses.
7.2 Any delivery periods are estimates only and based on the information we receive from our delivery service providers. We typically process products for shipment within 24 hours of receiving an order. We offer both standard and express shipping options at checkout. We will use reasonable endeavours to meet timeframes stated on the Website for delivery, however, from time to time, particularly during busy periods, our shipping service providers may suffer delays beyond our control.
7.3 Standard and express shipping are subject to different fees and charges. You will receive free standard shipping on all orders valued over $50. All delivery charges will be set out at the time of, and as part of, checkout.
7.4 Express shipping is available only in certain areas within Australia, and for certain orders, and so your eligibility for express shipping will be as confirmed at checkout.
7.5 You are responsible for ensuring you are able to accept delivery of ordered products, which in some cases, might involve signing for that delivery. If you are unable to accept a delivery in person it will generally be sent to your nearest post office and you should be able to collect your order from there during the office’s business hours. To the extent permitted by law, we will not be held liable for late delivery where attempted delivery has occurred on or before the delivery time-frames or in circumstances where we have evidence ofdelivery to your delivery address and you claim that you did not receive the delivery.
7.6 We reserve the right to change, modify or discontinue any delivery options and providers at our absolute discretion.
7.7 Ownership of and risk in products purchased on this Website passes to you on delivery of the ordered products to your nominated delivery location.
- Australian Consumer Law and Defects
8.1 Nothing in these Terms and Conditions attempts to modify or exclude any of your guarantees and other rights under Australian Consumer Law.
8.2 Our goods (including all products sold on the Website) 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.
8.3 For the purposes of these Terms and Conditions, ‘Australian Consumer Law’ means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- Defective Products and Other Issues
9.1 If you have a problem with your ordered products (such as not receiving your order (or part of your order) or the products being defective or damaged), please contact us as soon as possible via our Customer Careline (either through this Contact Form or call 1800 22 46 32 Monday to Friday 8.00am to 5pm AEST).
9.2 If you contact us in relation to an issue, you must comply with our reasonable requests for further information (including by supplying proof such as photographs of the defects or the actual defective products) and provide all reasonable assistance and we will investigate your issues. Where applicable, we will provide you with instructions on how to return your goods.
9.3 If, after investigating, we:
9.3.1 do not believe the products are damaged or defective, we will notify you of this in writing; or
9.3.2 do believe the products are damaged or defective, we will (at our cost) either re-supply the affected products or provide you with a refund of the Price paid for the affected products.
9.4 Refunds, to the extent applicable, will be issued using the payment method used for purchase.
9.5 We aim to process refunds and re-supplies of products within 10 business days of us confirming that the refund request has been accepted, however, depending this may sometimes take longer.
- Intellectual Property
10.1 We (or our licensors) own all Intellectual Property Rights in the products, Website and all material and content displayed on or comprised by the Website (including text, graphics, logos, button icons, images, website layout and software).
10.2 No material or content from the Website may be reproduced, republished, transmitted, or distributed in any way, without our prior written permission, except that you may download one copy on a single computer for your own personal, domestic use only, provided you keep intact this and all other proprietary notices. No reproduction of any part of this Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
10.3 Nothing contained on the Website or in these Terms and Conditions (other than as expressly set out in this clause 10) should be construed as granting any licence or right to use any intellectual property displayed on the Website. We reserve all rights to enforce our intellectual property rights to the fullest extent of the law.
10.4 Any communication or material you transmit to this Website by electronic mail or otherwise, including any data, questions, feedback, comments or the like is non-confidential and will become our property and may be used for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting without further reference or payment to you. We may use, for any purposes (including but not limited to the developing, manufacturing, advertising and marketing of products), any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication, information or material you send to us via the Website. Please carefully consider this clause when uploading or sharing content and material on the Website.
- Conduct we do not accept
11.1 You must only use the Website through the interfaces provided by us and in accordance with these Terms and Conditions and any applicable law.
11.2 You must not (or attempt to):
11.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our Website or the servers or networks that host our Website, including by uploading or transmitting through the Website any viruses, worms, Trojans or other potentially destructive programs designed to interfere or disrupt the normal operations of the Website or any computer;
11.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
11.2.3 interfere (or attempt to interfere) with security-related or other features of our site;
11.2.4 use, copy or distribute (or attempt to use, copy or distribute) Content without our express permission;
11.2.5 do anything which could constitute a breach of a third party’s rights (including their privacy, confidentiality and intellectual property rights);
11.2.6 use our Website to defame, harass, threaten, menace, impersonate or offend any person; or
12.2.7 facilitate or assist a third party to do any of the things mentioned above.
- Disclaimer and Information on this Website
12.1 All descriptions of products or product pricing are subject to change at any time, without notice, at the sole discretion of us.
12.2 To the extent permitted by law and except as otherwise set out in these Terms and Conditions, this Website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website. We may suspend or withdraw or restrict the availability of all or any part of our Website for business or operational reasons, provided we use reasonable endeavours to give reasonable notice of any extended downtime periods.
12.3 The material and content on the Website is provided for general information purposes only and is not intended as advice on which you should rely. Users of the information contained on the Website must make their own assessment of the suitability and appropriateness of the products, services and information for their particular use. Nothing on the Website is intended to be a substitute for health or dietary advice, and you should make your own decision (and seek advice) to determine if the products are right for you. We recommend that you always read the labels and instructions on foods prior to consumption or use.
12.4 We try to ensure that information on the Website is current and accurate, but to the extent permitted by law, we assume no responsibility, and disclaim liability, for keeping information on the Website current, complete and accurate.
12.5 We endeavour to depict products available for order using accurate images of the products. At times, however, products actually delivered may. to a small extent, differ in appearance and packaging from their appearance in images and photographs on the Website.
- Liability
13.1 Each party excludes any and all liability arising out of or in connection with these Terms and Conditions (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise) for any:
13.1.1 loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of use, loss or corruption of data, loss of reputation, loss of goodwill, or loss of contract; and
13.1.2 loss that does not arise naturally or according to the usual course of things from a breach, act or omission relating to these Terms and Conditions.
13.2 The liability of a party:
13.2.1 arising out of or in connection with the supply of products, is limited to the Price paid or payable for that supply; and
13.2.2 in all other circumstances in connection with these Terms and Conditions, is $100,
in each case, whether that liability arises under statute, contract, equity, tort (including negligence), indemnity or otherwise.
13.3 The limitations of liability in these Terms and Conditions, including in clauses 13.1 and 13.2, do not apply to:
13.3.1 your liability to pay the Price;
13.3.2 either party’s liability for any matter in respect of which liability may not be limited at law; or
13.3.3 either party’s liability for gross negligence, fraud or wilful default.
- Website security policy
14.1 We are dedicated to providing you with a secure and private website experience. We secure the communication between your device and our servers using industry standard TLS (Transport Layer Security). This process codes the information transferred between you and the server and renders it unreadable to anyone trying to intercept the information.
14.2 We do not guarantee that our Website will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your technology to access our Website. You should use your own antivirus software.
- Usage information
We use cookies, pixels and/or similar technology to monitor usage of our Website. For more information about how we use cookies, please see clause 4.5 of our Privacy Policy. A cookie or pixel involves a small amount of information being transferred to the hard drive of your computer which can identify your web browser or IP address but not you. Cookies and pixels provide us with information about your computer’s IP address, the date and time of your visit, and the resources or information you have accessed. This information assists us in tailoring our services and making your visits easier, more productive and more efficient. Any personal information obtained through the use of cookies or pixels will only be used for the purposes set out in our Privacy Policy.
- Force Majeure
16.1 Neither party will be liable and each party will be excused from performance, in whole or in part, for any delay in, or failure to perform, its obligations under these Terms and Conditions (other than where this is your failure to pay us the Price) to the extent that the delay or failure is caused by a Force Majeure Event. We will notify you in the event that your delivery/purchase is affected by a Force Majeure event.
16.2 A ‘Force Majeure Event’ is an event or series of events outside a party’s reasonable control. This includes natural disasters, acts of terrorism, riots, revolutions, lockout, civil commotion, failure of communications networks (including the Internet), pandemics and epidemics.
- Severability
In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Privacy and Personal information
If you provide us with any personal information, you must ensure that you obtain all consents, licences and approvals, and make all notifications, necessary for us to be able to lawfully process that information in accordance with these Terms and Conditions and our Privacy Policy. You agree that our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.
- Third Party Materials
19.1 The Website may include, integrate with, interoperate with, or link through to, Third Party Material. You acknowledge and agree that:
19.1.1 we have no control over, and are not responsible for, any Third Party Material;
19.1.2 Third Party Material is provided directly to you by the relevant Third Party Material provider and does not form part of the Website and is not governed by these Terms and Conditions;
19.1.3 you use all Third Party Material at your own risk and (as between us and you) you are solely responsible for complying with Third Party Materials terms and conditions and all costs, claims and losses relating to the Third Party Material; and
19.1.4 Third Party Material is subject to change, suspension, termination or discontinuation at any time and without notice by the Third Party Material provider.
19.2 For the purposes of these Terms and Conditions ‘Third Party Material’ means content, data, products, software, functionality or services owned or controlled by third parties, which are delivered through or integrate with the Website.
- Governing Law
These Terms and Conditions shall be interpreted in accordance with, and governed by, the laws of the State of New South Wales, Australia. By using the Website, you agree to submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts, and waive any right to object to proceedings being brought in those courts.
- Marketing and Communications
21.1 When we send you notices, these will generally be via the email address that you provide to us or within the Website.
21.2 You can contact us if you need to via our Customer Careline (either through this Contact Form or call 1800 22 46 32 Monday to Friday 8.00am to 5pm AEST).
21.3 When making a purchase on our Website and / or registering an account, you may be asked if you would like to subscribe to receive electronic marketing messages. If you subscribe, you:
21.3.1 consent to receive our marketing emails and other electronic marketing messages; and
21.3.2 may opt-out of receiving electronic marketing messages by contacting us via the methods set out in clause 21.2 or by clicking the relevant opt-out link on the electronic marketing message. Once opted out, you will no longer receive electronic marketing messages but may continue to receive other forms of electronic communications from us (for example, important service messages).