Terms and Conditions
1. User Agreement
1.2 The Website is operated under arrangement with a2 Infant Nutrition Australia Pty Limited (ACN 161 773 913) by Yankuang OzStar Pty Limited (ACN 608 997 262) (“OzStar”). This Agreement is between you and OzStar (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
2. Registration and User Requirements
2.1 You must be a registered member to make orders and access some features of the Website. You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
2.2 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
2.3 To register an account and use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us. 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 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 and change your password as soon as possible.
2.6 All product orders will be limited to 3 cans per person, per address every 7 days. We reserve the right to suspend any account or cancel and refund any order if these limits are not being followed. We reserve the right to adjust these limits at our discretion depending on product availability.
3. Access and use of the Website
3.1 You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
3.2 You must not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
- interfere (or attempt to interfere) with security-related or other features of our site; or
- use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
3.3 We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
3.4 You must not use another member's account without our, and the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
3.5 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
4. Information on this Website
4.1 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. We endeavour to ensure information on the Website is current and accurate, and it has been compiled in good faith, and we will endeavour to correct any errors but we do not accept any liability for mistakes or out-of-date information.
4.2 All intellectual property on this Website, including without limitation, the text, graphics and copyright works is used by us under licence from the owner.
5. Disclaimer and Liability
5.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the Website or our social media pages;
- you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
- personal injury or property damage of any nature resulting from your access to or use of the Website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from the Website;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
- the quality of any product or service of any linked sites.
5.2 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
5.3 Except as required by law, in no event shall we, our affiliates and related entities, or the manufacturer and supplier of goods sold on our Website, be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website, this Agreement or goods sold on this Website (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
6.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
7. Price, Payment and Use of Discount/Coupon Codes
7.1 The prices of goods shown are in Australian dollars and are exclusive of GST. The delivery and other charges are charged in Australian dollars and are GST inclusive.
7.2 All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
7.3 A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.
8. Shipping and Delivery
8.1 Subject to this Agreement, goods ordered and paid for on this Website will be delivered to your current Australian residential address (as provided as party of your registration with the Website). An order confirmation will be provided to you by email.
8.2 We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 20 days delivery (for standard and express shipping).
8.3 Standard and express shipping are subject to different fees and charges. All shipping charges will be made available to you at checkout (and are also listed in the FAQ section of the Website).
8.4 Express shipping is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
8.5 A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery We will not be held liable for late delivery where attempted delivery has occurred on or before the delivery time-frames and a parcel has been signed for delivery has occurred (regardless of whether or not you have personally accepted delivery).
8.6 We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
8.7 Ownership of goods purchased on this Website passes to you upon payment in full. Risk in products purchased on this Website will pass to you on delivery made in accordance with this clause 8.
9. Packaging and Labelling
9.1 We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
9.2 We recommend that you read the labels and instructions on foods prior to consumption or use.
10. Change of Mind Returns
10.1 We cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion, allow a return for store credit or exchange product on a case-by-case basis, provided that the item in question is:
- returned within 15 days of order;
- in a resalable condition; and
- not damaged in any way.
10.2 We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.
10.3 If we allow a return in these circumstances, we will ask you to follow our returns process.
10.4 We may provide you with a product exchange or store credit only when we receive the returned product. You are responsible for payment of return postage on your order.
11. Problems with your goods – contacting us
11.1 If you have a problem with your goods, please contact us via the Help Centre (either email email@example.com or call 1800 22 46 32 Monday to Friday 8.30am to 5pm AEST). We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.
11.2 Once an item is returned we will inspect your goods and investigate any claimed defect. Where applicable we provide a remedy in relation to your goods.
11.3 If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
11.4 Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.
11.5 We aim to process refunds and replacements within 10 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
12. Defective Goods
12.1 All goods sold on a2store.com.au come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
12.2 Any product warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law
13. Privacy and Personal information