SUBITO Supplements Terms and Conditions
Terms and Conditions Agreement
This Terms and Conditions agreement sets forth the agreement between SUBITO Supplements, and each user ("you" or "user") governing the use by you of this site and any and all correspondence entered into between you and SUBITO Supplements by email between you and SUBITO Supplements. Please read this agreement carefully before using this site or entering into any correspondence by email with SUBITO Supplements. By using this site or sending SUBITO Supplements email correspondence to SUBITO Supplements, you signify your assent and acceptance to the terms and conditions as set out on this page and site. If you do not agree to the terms and conditions contained in this Terms and Conditions agreement, do not access or otherwise use this site, or enter into any email correspondence with SUBITO Supplements.
The information on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. SUBITO Supplements takes no responsibility and incurs no liability related to the personal usage of any of the products sold on this site or any related outcomes.
Prices and Currency
The prices displayed on this Site and in email correspondence sent from SUBITO Supplements are quoted in Australian (AUD) dollars, unless otherwise stated, and are valid and effective only within Australia, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. SUBITO Supplements does not ship internationally.
Pricing or Typographical/Image Errors
SUBITO Supplements work hard to provide accurate product image representations and pricing and product information. However, pricing, typographical or image errors may occur. In the event that an item is listed at an incorrect price, with incorrect information or out-dated photograph due to an error in pricing or product information on the site or within email correspondence sent from SUBITO Supplements, SUBITO Supplements shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, SUBITO Supplements will either contact you with instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Any faulty or damaged stock received by SUBITO Supplements within 7 days of delivery to the customer will be replaced at no charge following reasonable inspection by SUBITO Supplements. If an order has been received and it is incorrect through the fault of SUBITO Supplements, it will be replaced at no additional charge to the customer or a full refund of the initial charge will be given upon it's return to SUBITO Supplements warehouse. The refund will not be given until the goods have arrived and been inspected at the SUBITO Supplements warehouse. SUBITO Supplements will not give refunds for incorrectly selected products or quantities, or if you change your mind once you have placed an order. It is the responsibility of the customer to check their order before its submission to SUBITO Supplements for processing and before payment is made to SUBITO Supplements for the order. Please note that the customer is responsible for the postage cost for items being returned to SUBITO Supplements.
If returning any item(s), please return to: SUBITO Supplements, P.O Box 827, Cherrybrook NSW 2126, Australia.
Quantity Limits and Items for Resale
SUBITO Supplements reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. SUBITO Supplements also reserves the right to prohibit sales to dealers.
Please note that there may be certain orders that SUBITO Supplements are unable to accept and must cancel. SUBITO Supplements reserves the right, at its sole discretion, to refuse or cancel any order for any reason.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations. SUBITO Supplements may also require additional verifications or information before accepting any order. SUBITO Supplements will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
If your order is cancelled after you have been charged, SUBITO Supplements can and will only issue a credit to the same credit card or PayPal account from which payment for the order was received, in the amount of the charge.
SUBITO Supplements strictly follows all national regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within Australia.
Any information, recommendations or advice provided through live chat with a SUBITO representative, or email from a SUBITO representative, or within any attachments within emails from a SUBITO representative is to be used as a guide only. Always seek advice from a healthcare professional before beginning any supplementation to your diet, before undertaking any routine and before implementing any recommendations or advice. Users should always as a matter of safety and caution, review and understand physical product labels prior to the opening or consumption of any product. If in doubt abouty any information, always refer to the manufacturers product label. Results may vary between individuals.
Copyright and Trademarks
All web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of SUBITO Supplements or its licensors. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with SUBITO Supplements or using this web site as a shopping vehicle. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of SUBITO Supplements, is strictly prohibited. SUBITO Supplements, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of SUBITO Supplements or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
No Warranty; Disclaimer
You assume all responsibility and risk for the use of this site and the Internet generally. SUBITO Supplements is providing this site, its contents and the contents of any email correspondence sent from SUBITO Supplements on an "as is” basis. SUBITO Supplements and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, or the contents of email correspondence sent from SUBITO Supplements, including without limitation to the products, information or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. SUBITO Supplements and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. SUBITO Supplements and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by SUBITO Supplements or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk. The products, information, services and other content provided on and through this site, including without limitation any products, information, e-mails, facsimilies, services and other content provided on any Linked Site, are provided for informational purposes only. The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on this site or through SUBITO Supplements including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. Unless otherwise indicated on this site, SUBITO Supplements does not endorse or recommend any product or service offered, advertised or sold on or through this site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. SUBITO Supplements is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. SUBITO Supplements expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this site. Price and availability information on this site is subject to change without notice
Limitation of Liability
SUBITO Supplements and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability; (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) any recommendations made, (vi) for any unauthorized access to or disclosure of your transmissions or data, (vii) for statements or conduct of any third party on the site, or (viii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between SUBITO Supplements and the user of the website or any party who enters into email correspondence with SUBITO Supplements. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law. Notwithstanding the foregoing, the sole and entire maximum liability of SUBITO Supplements and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from SUBITO Supplements on this site. You agree to indemnify, defend and hold harmless SUBITO Supplements and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the site or resulting or arising from or relating to your use of information within email correspondence between you and SUBITO Supplements, any activity related to your account by you or any other person, any material that you submit to SUBITO Supplements or transmit through the site, your violation of these Terms and Conditions, your infringement or violation of any rights of another, or termination of your access to this site. All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.
Your Usage of Site; Termination of Usage
Usage by Minors
Because of the nature of the World Wide Web, SUBITO Supplements cannot prohibit minors from visiting this site. SUBITO Supplements must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. SUBITO Supplements requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to SUBITO Supplements be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental consent.
Applicable Law; Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of New South Wales without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of New South Wales and further agrees that any cause of action arising from or relating to the use of this site or this agreement shall be brought exclusively in a court in New South Wales in the Commonwealth of Australia.
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."
Entire Agreement; Amendments
This agreement constitutes the entire and only agreement between SUBITO Supplements and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you. SUBITO Supplements may, in its sole discretion, amend this Terms and Conditions agreement from time to time without notification.
The failure of SUBITO Supplements or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of SUBITO Supplements and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.