Terms and Conditions
Welcome to Rachael Campbell’s website.
These terms and conditions relate to the products which you are agreeing to purchase from us. Please read these terms and conditions, which together with our Privacy Policy govern your use of our Website and purchases from us (“conditions”).
1. Your Acceptance
1.1 If you place an order in the manner described on our website it is an offer by you to purchase a specified product for the price (including delivery and other charges) as specified on our website at the time you place your order.
1.2 You acknowledge that by placing an order you are entering into a legally binding contract with us to purchase the product and to accept delivery of any products ordered unless you ask us to cancel that order and we send you written confirmation of the cancellation prior to the products being dispatched to you and in any event notice of cancellation must be received within 3 days of the placement of your order.
1.3 This contract is conditional on payment being authorised by your credit/debit card authoriser and is at all times subject to these conditions now and every time you place and order. If you do not accept these conditions you should not place an order.
1.2 The term “Rachael Campbell” or “us” or “we” or “our” refers to Rachael Campbell ABN 1131 461 8238 which is the owner of this Website whose address is PO Box 168, Sandringham, Victoria, 3191. The term “you” refers to you, the person using our website and/or placing an order..
1.3 You must be 16 years or older to agree to purchase a product. If you are under 16 years old you will need to provide the written consent of your parent or guardian. You will need to have them contact us to give this consent.
2. Changes to Conditions
2.1 Rachael Campbell may change these conditions at any time. Any changes will take effect on the date they are posted onto this Website and we are not under any obligation to notify you of such changes. By placing an order you accept any revised version of these conditions.
2.2 If there is anything you do not understand in these conditions, please feel free to email us at [email protected].
3. Price & Payment
3.1 Rachael Campbell may change the prices published on this Website at any time. Whole Rachael Campbell has made every effort to ensure the accuracy of prices and information displayed on this Website, Rachael Campbell reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price or the description of the produce displayed on this Website or an error in your order.
3.2 For each order you place via our Website you must pay:-
• the applicable price for the relevant product;
• the delivery and handling fee specified on the Website at that time.
3.3 We accept the following methods of payment for a Subscription:-
• Visa and MasterCard credit card; and
• Visa and MasterCard debit card.
3.4 Payment will be charged to your card upon placement of your order.
3.5 You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the bank/card issuer.
3.6 Rachael Campbell reserves the right to refuse credit/debit card payments in our reasonable discretion. We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.
3.7 Payment must be cleared before products are dispatched.
4. Confirmation
4.1 All orders placed through this Website are subject to confirmation and acceptance by Rachael Campbell.
5. Delivery
5.1 Rachael Campbell or its agent will deliver the products you order to the address you specify in your order, subject to their availability. Where the products are not available we will notify you as soon as possible.
5.2 Anyone at the delivery address who receives the products will be presumed to be authorised to receive the products.
6. Title & Risk
6.1 Title to the products purchased on this Website does not pass from Rachael Campbell to you until we have received payment in full in cleared funds for the products. All risk in the products passes to you upon by delivery by us or agent.
7. Returns
7.1 If you receive a product that is damaged in transit from Rachael Campbell, you should:-
• refuse to accept delivery of the product;
• direct the courier to “Return goods to sender”; and
• notify us within 24 hours of the attempted delivery to you.
7.2 All our products are sold with a manufacturer’s warranty, unless otherwise noted.
7.3 If a product purchased from us develops a fault and is within the manufacturer’s warranty period we recommend that in the first instance you contact the manufactuturer or their authorised service centre or agent for warranty service. Warranty periods and service levels vary by manufacturer and product.
7.4 If the manufacturer directs you to return the product to them, their agent or a third party then you should arrange for the product to be returned as directed and otherwise in accordance with the manufacturer’s return policy. The manufacturer will then organise any refund, repair or replacement payable under the policy.
7.5 If the manufacturer directs you to return the product to us as the seller then you should contact us as soon as possible. You will need to package and address the product and you will need to arrange for return delivery of the product to us. We must receive the product by the time specified by the manufacturer. Repair timeframes are subject to each manufacturer’s repair service and may vary.
7.6 Upon receipt of a faulty product, Rachael Campbell will return the product to the manufacturer or their authorised agent for assessment. If the fault could not have been detected upon delivery and is not due to wear and tear or misuse, we will offer you a repair, replacement or refund, as we deem appropriate.
7.7 If no fault is detected or is due to fair wear and tear or misuse, we will return the product to you after payment of the manufacturer’s service charges and any costs associated with processing the return prior to returning the product to you.
8. Data Security and Privacy
8.1 Your credit/ debit card details will not be stored on our servers.
8.2 The information and data (“personal information”) which is provided by you in connection with your order will be held on Rachael Campbell’s servers and manual records and will be used by used by Rachael Campbell. These servers are operated by a third party IT contractor.
8.3 By placing an order you understand that Rachael Campbell may use and disclose your personal information:-
• for the purposes of enabling you to access this Website;
• to enable us to offer and provide you with the products and services available on this Website or via Rachael Campbell’s business; and
• for any of the purposes set out in Rachael Campbell’s Privacy Policy which is available on this Website.
8.4 Though we make every effort to preserve your online privacy and the security of data we remind you that submitting information over the internet is inherently risky. If you are not prepared to assume this risk, then we suggest that you contact us by telephone or post (refer to the “Contact” section).
9. Health Warning
You acknowledge that Rachael Campbell is not a nutritionist or naturopath and that to the extent that this Website contains or the products are accompanied by materials that contain dietary information, that embarking upon a change of diet can involve health risks. For this reason we recommend that you seek the advice of a qualified health or diet professional before commencing any change of diet.
10. Copyright
10.1 This Website and its content is copyright of Rachael Campbell.
10.2 Any redistribution or reproduction of part or all of the contents in any form is prohibited other than you may print or download extracts of any non-purchasable, non-subscription content to a local hard disk for your personal and non-commercial use only.
10.3 You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit or store it in any other website or other form of electronic retrieval system.
10.4 If you are interested in licensing any part of our content, please contact us.
11. Website Use
11.1 Your use of this Website is subject to the following terms of use:-
• The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
• This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
• All trademarks reproduced in this Website, which are not the property of, or licensed to Rachael Campbell, are acknowledged on the Website.
• Unauthorised use of this Website may give to a claim for damages and/or be a criminal offence.
• From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may create a link to this website from another website or document without our prior written consent, provided that you do not substantially reproduce any of the content on this Website, suggest in any way that we are associated with or approve of your website or organisation or create in a link in a manner which is otherwise unlawful or breaches our legal rights.
12. Disclaimer
12.1 We do not warrant or guarantee or make any representation that:-
• this Website, or the server that makes this Website available on the World Wide Web are free of software viruses;
• the functions contained in any software contained in the Website will operate uninterrupted or are error-free; or
• that any product is or will be suitable for your purposes, without appropriate use.
12.2 To the fullest extent permitted by law, we are not liable to you for:-
• errors or omissions in this Website;
• delays to, interruptions of or cessation of services provided in this Website arising from causes beyond our reasonable control;
• defamatory, offensive or illegal conduct of any user of this Website;
• any special, indirect or consequential loss or damage which you may sustain howsoever arising; or
• damage to person or property howsoever arising, whether in tort or contract,
whether caused by us, our employees, agents or contractors, or through any other cause but excluding any act of gross or deliberate negligence and to the fullest extent permitted by law you release Rachael Campbell in relation to any cause of action, claim, demand, right, damage, loss expense or compensation of nature whatsoever that you may have or in the future might have in respect to the foregoing in relation to the products or the use of this Website.
12.3 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Website.
13. Limited Liability
13.1 Any conditions or warranties that may be implied into these terms and conditions by any law for your benefit that can lawfully be excluded are agreed to be excluded to the extent permitted by law.
13.2 In the event that we are found liable for breach of any implied warranty or condition that cannot be excluded by law, then our liability is limited, at our choice, to one of the following:-
• the supply of the products again; or
• the payment of the cost of having the products supplied again or the repair of the products,
and in no circumstances whatsoever will our liability exceed the actual amount that you have paid to us for the products nor will we be liable for, to the fullest extent permitted by law:-
• any special, indirect or consequential loss or damage which you may sustain howsoever arising; or
• damage to person or property howsoever arising, whether in tort or contract
14. Waiver
No waiver by Rachael Campbell shall be construed as a waiver of any rights or remedies or any subsequent breach of these conditions.
15. Assignment
These conditions and any rights to use the Website may not be transmitted or assigned by you but may be assigned by Rachael Campbell without restriction.
16. Whole Agreement
16.1 These conditions, the current prices and our Privacy Policy set out the whole agreement between Rachael Campbell and you in relation to the Products and the use of the Website. These conditions cannot be changed or terminated verbally and subject to the above conditions which permit some changes, no other changes or amendments to these conditions shall be binding on either of us until confirmed in writing by Rachael Campbell.
16.2 Rachael Campbell’s employees, agents and contractors including its IT support staff are not authorised to make any representations concerning the products or this Website unless confirmed in writing by Rachael Campbell. You confirm that you do not rely on, and waive any claims for breach of any such representations that are not so confirmed.
17. Governing Law
The products, use of this Website and these conditions are governed by the laws of the State of Victoria, Australia and the Commonwealth of Australia and you irrevocably submit to the exclusive jurisdiction of the Courts in those jurisdictions.