Website Terms and Conditions
DISCLAIMER: It is advisable to seek professional [medical] advice prior to initiating any new regimen. The Cleanse Kitchen is not a medical organisation and The Cleanse Kitchen nor it’s employees and/or staff can give any medical advice or diagnosis. Any/All information garnered from The Cleanse Kitchen shall not be interpreted as a substitute for a medical advice or a Doctor’s consultation, evaluation, or treatment.
In these terms and conditions, “we” “us” and “our” refers to The Cleanse Kitchen Pty Ltd. ABN 91 152 999 972. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
Product Descriptions
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is always completely accurate. Where we become aware of any incorrect description, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in the exact same product presentation nor that any given image will always reflect or portray the full design or options relating to that product.
Product Orders
Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that our product list is always current however we give no undertaking as to the continuous availability of any product advertised on our website.
All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
Delivery and handling is an additional charge, calculated at the time of purchase via the checkout.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information and to not provide it to any other party or company at any time, however in providing us with such information, you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject your order within 2 business days of receiving it. We will inform you via email or telephone if your order has been rejected or requires amendment. We are not required to give reasons for rejecting your order, however the most likely reason for rejecting your order will be that we have “sold out” of the juice cleanse production capacity for the date you have selected, or for some reason, we are unable to supply the product you’ve selected. In the event that we are unable to supply your order, your payment will be refunded in full if it has already been received from you or we will give you the option to apply this payment to another product that is available.
The delivery process of your ordered product/s are as set out in the “Delivery” section of our website.
Responsibility for any loss, damage or spoilage of the goods passes to you once the goods have been delivered to the address you’ve nominated with your order.
We will provide a delivery window to you once your order is despatched, however, it is your responsibility to be available to receive the goods within that delivery window. Our products are prepared and delivered using complete cold-supply chain logistics and must be refrigerated at all times. We accept no responsibility for goods left at the address you’ve nominated with your order once they have been delivered. Therefore, we recommend that you are available to personally receive the goods.
Product Refunds and Returns
You may cancel an order for a full refund, provided that you notify us via email at least 2 full business days in advance of your scheduled delivery date or you may reschedule your order one time only to a later delivery date. Under all other circumstances there are no refunds or rescheduling options.
We undertake to rectify any product order that is delivered to you that is incomplete or damaged upon arrival. In such circumstances, you must notify us immediately upon delivery via the phone number or email address listed in the “contact us” section of our website so that we can rectify your order as quickly as possible.
In the event that we are unable to replace the damaged goods or incomplete order, we undertake to reimburse your credit card for the amount initially debited for the purchase including delivery charges.
Website Access
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to meta-tag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta-tag or mirroring of our website.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website without our consent, however any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Disclaimers
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions, is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:
Schedule 2 of the C&C Act; and
those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services, then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:
We will replace the goods or any part of them that is defective; or
Provide again or rectify any product or part of them that are defective; or
Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:
If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the replacement of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
Limitation of Liability
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods again or payment of the costs of having those goods supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from goods we have supplied.
We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
We do not participate in any way in the transactions between our users.
Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website and not to provide this information to any other party except for the purposes of delivery of the goods to your nominated address. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.