(a) The Trainade website and online store, located at www.trainade.com (Website), is owned, controlled and operated by SB Functional Health Group Pty Ltd (ABN 64 641 968 890) as Trainade Performande Solutions, of 25/11 Forge Close, Sumner, QLD, 4074 (SB Functional Health Group, We, Our, and/or Us).
(b) As a condition of using and/or purchasing from the Website, you agree to the following terms and conditions (Terms) and to be legally bound thereby.
(c) If you do not agree with the Terms, you should stop using the Website.
(d) SB Functional Health Group has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use and/or purchase from the Website you agree to be governed by the Terms as varied from time to time.
2. Ordering via the Online Store
(a) To purchase products via the Website, you must possess a valid credit or debit card issued by a bank acceptable to Us. We use Shopify, a third party payment processor, to process all credit card payments and do not collect or record any credit card details provided by you when making purchases via the Website. We are not responsible for any credit card fees or surcharges that your bank may charge.
(b) By placing an order via the Website (Order), you are offering to purchase the products on and subject to these Terms. You agree that We have the right to accept or reject an Order for any reason at any time, and all Orders are subject to availability of the products.
(c) An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to your Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with Our approval.
(d) Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change pricing at our discretion and without notice. Unless otherwise stated, all prices are in Australian Dollars and are inclusive of GST.
(e) Any period or date given by Us for the shipping of an order is intended as an estimate only and may be subject to change. We take no responsibility for any loss suffered by you where an Order is not delivered within the estimated time frames.
3. Usage by Minors
We require that all supplement purchases made via our Website be made by adults 18 years of age or older, and may request verification of age during the ordering process or at our discretion. By proceeding to purchase through our website you acknowledge that you are 18 years of age or older.
4. Australian Consumer Law and Refund Policy
Our goods and services come with Consumer Guarantees under the Australian Consumer Law, which cannot be excluded by these Terms. Nothing in these Terms shall override your rights as a Consumer or otherwise at law.
(a) Title in the products comprising an Order/s is retained by Us and will not pass to you until full payment in cleared funds is received by Us.
(b) To the extent permitted by law, all risk of loss or damage to the product passes to you when the Order is delivered to you at your nominated delivery address.
(a) At SB Functional Health Group, we really believe that you will love our products as much as we do. Due to the nature of the products and subject always to clause 4 and your rights under the Australian Consumer Law (if applicable) we do not accept returns due to ‘change of mind’.
(b) Items which are eligible for return must meet these two requirements:
The products were purchased from this Website; and
The products are faulty or different to the product purchased on the Website or you are otherwise eligible by law to return them.
(c) You must inform SB Functional Health Group of your reason for return by emailing firstname.lastname@example.org within 7 days of receiving the product. This communication must contain the following information:
Date of purchase;
Batch number, which is found on the base of the product (if the products are faulty);
List of products being returned; and
Reason for return.
(d) Returns that meet the criteria will be able to choose between a refund or exchange of the same value.
(a) We value you, our customers, and are committed to the transparent management of your personal information.
(b) So that We can fulfil your Order/s, We will need to collect certain personal information from you.
8. Intellectual Property
(a) ‘Trainade’ is a trade mark of SB Functional Health Group. Other product and company names displayed on the Website may also be trade marks of their respective owners.
(b) We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content). You may download, view, copy and print any Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited. You must obtain Our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of the Website or Content for any other purpose.
9. Third Party Links
The Website may include links to third party websites, over which We have no control. Such links do not indicate, expressly or impliedly, any endorsement by Us of the third party website or the products and services provided thereon. You agree that We are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.
10. Limitation of Liability
Subject to clause 4, without overriding any Consumer Guarantees and to the extent permitted by law, by SB Functional Health Group:
Does not make any representations, warranties or guarantees in relation to the supply of goods and services by by SB Functional Health Group via the Website; and
Hereby disclaims all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Website.
You agree to indemnify and hold by SB Functional Health Group (and its offers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you due to or arising out of, or in any way, connected to you breaching the Terms.
12. Governing Law
The Terms are governed by and are to be construed in accordance with the laws of the State of Queensland, Australia and you agree that the courts of the State of Queensland, Australia shall exclusively adjudicate over any dispute in relation to these Terms.