About these Terms and Conditions
In these Terms and Conditions "we" and "us" mean Noumi Trading Pty Ltd (UPROTEIN) ABN: 36 614 863 286 of 8a Williamson Road, Ingleburn NSW 2565 and "you" and "your" means you the customer.
These Terms and Conditions(“Terms”) together with your order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event.
These Terms govern your use of www.uprotein.com.au (“Website”) and all related sites. Please read these Terms carefully. The Terms published on this Website at the time of an order placed by you will apply to that order. By using the Website you are agreeing to these terms. You must not use the Website if you do not agree with these Terms.
Legal Capacity to Transact
If you are under the age eighteen (18) years you can not place orders with UPROTEIN.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.
Should UPROTEIN suffer any damage or other losses as a result of a transaction entered into by a minor, UPROTEIN reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with UPROTEIN.
Placing Your Order
You may place your order by filling in the order form on this website.
When you place your order, we will issue you with an order number and confirmation by email.
By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
UPROTEIN reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Payment Methods and Processing
UPROTEIN accepts Visa, MasterCard & Amex only.
Orders placed on a weekend or a public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday (9.00am-5.00pm EST), excluding NSW public holidays.
We process credit card payments after you click the "Submit My Order" button.
We will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.
We will not accept credit cards issued by banks outside of Australia.
You may be required to provide further identification for additional security reference checks if we identify your order as potentially fraudulent or is placed from outside Australia.
All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the invoice.
UPROTEIN reserves the right to change prices for products displayed at the UPROTEIN website at any time.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation however we reserve the right to change your order due to system error, price correction or incorrect promotion allocation or representation on our website, third party advertising, email and order receipts and invoices.
If you find the incorrect goods were sent. Please contact us within 48 hours of receiving your goods by telephone or email.
After receiving the returned goods at our warehouse, we will then (a) re-supply the item(s) or (b) credit the relevant invoice appropriately. Please note: it is your responsibility to review the goods received prior to their opening. Goods received, even in the event of incorrect supply, shall only be accepted back for re-supply or credit, if the goods are unopened & in their original condition.
You will incur the cost of return postage and be credited the purchase price only.
We reserve the right to allow or deny returns or exchanges if you change your mind. Products must be not opened, be returned to us in a satisfactory and undamaged condition. Custom assumes responsibility for return postage and postage costs of the sending out the replacement product, regardless if any free shipping offers were previously provided.
Products advertised as 'clearance' are discounted because of nearing best before dates. Best before dates are published on the website product page. Clearance items are unable to qualify for a return, credit or refund. Please consider this before purchasing.
For more detailed information in agreeing with the terms and conditions regarding refunds can be found here.
Delivery charges for shipping and handling within Australia will be clearly marked at check out. UPROTEIN reserves the right to change prices for delivery at any time. UPROTEIN does not ship outside of Australia.
Orders placed for delivery to remote areas or areas not service by our courier provider will not be fulfilled. In this event we will contact you by email or telephone.
All orders on this website are processed within a reasonable period. If there are any unforeseeable delays, you may be contacted by our customer service team.
Orders will be shipped within Australia to you by Australia Post. We do not ship to to International addresses.
Unless otherwise agreed in writing, you acknowledge and consent to us using a subcontractor or a third party to deliver our Products to you. We will advise you of any additional charges or fees applicable to such a delivery, and you agree to pay such charges or fees as advised by us from time to time.
Once purchases have been dispatched, we cannot be held responsible for items lost or damaged in transit.
With our nominated Courier Service we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. Our courier cannot guarantee a specific delivery date or time. If no one is present to accept the delivery a slip will be left in the mail box so that you can collect at your local post office. If you elect to leave your delivery in a safe place via Australia Post, you indemnify us and Australia Post of any liability if your delivery is lost or damaged because of this process.
Although every effort is made to ship your order with reasonable time, shipping times may change due to changes in supply or circumstances beyond our control.
You cannot cancel an order once we have accepted it and you cannot reject the delivery.
Title and risk of loss to all products will pass to you once the goods have been dispatched to our third party courier provider.
We reserve the right to deny, cancel or refund orders that attempt to use discount codes outside of their intended use. Using first order discount codes with multiple emails to ship multiple orders to the same address, customer and/or phone number is considered outside of our fair play first order discount code rules. As a result orders in breach of the fair play rules will have orders cancelled and refunded.
Limitation of Liability
Information on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose.
While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website.
We reserve the right to amend or supplement the information supplied on this website without prior notice.
Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly.
We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website.
We may disclose your personal information to our contractors or agents on strictly confidential terms, and you consent to such disclosure.
This website and its contents are subject to copyright, trademarks, and other intellectual property rights that you acknowledge that the material and content supplied as part of the Website shall remain with use or our licensors.
Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of UPROTEIN. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in UPROTEIN for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option UPROTEIN, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
UPROTEIN reserves the right to vary and may vary the Terms and Conditions of sale at any time. UPROTEIN will not notify of these variations and it is your responsibility to regularly check these Terms for variations.
UPROTEIN shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of UPROTEIN, and UPROTEIN shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of NSW and shall be subject to the non-exclusive jurisdiction of the courts of NSW.
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