The following definitions are used in these Terms and Conditions.
- Business Day means a week day in which trading banks are open for the transaction of banking business in West Australia, Australia.
- Delivery Address means the address to which the Goods are to be delivered as stated on the electronic order form on the Website.
- Delivery Agent means any nominated third party delivery or shipping company for Tanita Australia.
- Delivery Fee means the fees charged by the Delivery Agent of Tanita Australia for the delivery of Goods.
- Goods means the various products and accessories promoted, marketed and distributed by Milners under the brand name “Tanita” through the business division known as “Tanita Australia”.
- GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
- Order means a request by you to purchase Goods from Tanita Australia in accordance with these Terms and Conditions.
- Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
- Price means the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST);
- Returns Policy means the terms and condition of the returns policy of Tanita Australia
- Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
- Terms means these terms and conditions governing the Website and any activities and transactions occurring via the Website.
- Website means tanitaaustralia.com
- We or us or our means Tanita Australia (and/or or its parent, Milners Pty Ltd, ABN 32 075 625 197 trading as Milners Brand Marketing, collectively, “Milners”).
You or your means you as the user of the Website (www.tanitaaustralia.com), including as a purchaser of Goods from Tanita Australia pursuant to these Terms and Conditions.
Tanita Australia may alter these Terms from time to time by posting the altered version on this Website. You should visit the website regularly to keep up to date with any alterations. By continuing to use this Website, you accept the Terms current at the time you access and use it.
If you have a trading relationship with Tanita Australia, that trading relationship is governed by a separate agreement between you and Tanita Australia. However, these Terms also apply to your use of this Website.
Placing orders for Goods using the website
- You may place an order through the website by submitting the electronic order form on the website, if you are a health professional with a valid ABN or provide a valid organisation partner promotional code.
- An order submitted by you on the website in the manner described on the website is an offer by you to purchase goods for the price (which for the avoidance of doubt includes GST for deliveries to Australia) plus any delivery fee as specified at the time you submit your order. That offer cannot be withdrawn by you without our prior written consent.
- You acknowledge that all orders through the website are with respect to goods intended for personal and domestic use only and non-commercial use (other than in the case of a organisation partner member) and quantity restrictions may apply as set out on the website from time to time.
- In completing the electronic order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your order. This information will also be used by the delivery agent to fulfil your order. Tanita Australia will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an order by you. Without limitation, if you provide inaccurate shipping details in an Order, Tanita Australia is under no obligation to resend your order if it is shipped to the address provided in the order and not subsequently returned to Tanita Australia. You agree to obtain consent from the recipient of a gift when providing their personal details to Tanita Australia Online.
- You may order from Tanita Australia if you are aged 18 years or over, and have an active email account and a telephone number at which you can be easily contacted.
- You must check your order carefully prior to submitting your order with us. Once you submit your order, cancellations of your order or changes to your order may only be made by agreement with us unless otherwise required by law. However, we will allow you to return goods in accordance with the Returns Policy.
- Where you place consecutive or separate orders for the goods, we cannot consolidate the orders into one. A separate delivery fee will apply to each order . Subject to clause 3, you can order as many goods as you would like in an order up to the total order value of AU$2,000.
- You will be provided with an automatic order number upon submission of your order to the website. The order number is required when contacting our Customer Service Centre.
- In submitting an order you represent and warrant to Tanita Australia that:
- you are over the age of 18;
- you have read and agree to these Terms and Conditions; and
- you have complied with all applicable Laws.
Acceptance and Rejection of Orders
- Tanita Australia reserves the right to accept or reject your order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery, our products are not available for delivery to locations outside Australia.
- When we accept an order, it represents an agreement by Tanita Australia to supply you the goods in accordance with the order and these Terms and Conditions.
- In the event that we reject an order pursuant to these terms, we will notify you of that rejection and the reason for rejection via email within five (5) business days after the placement of the order wherever possible. Tanita Australia will not be liable to you for your loss or that of any third party for the rejection of an order.
- Where we reject an order and your payment for the goods has already been processed, we will refund any money paid to us in respect of that order and make reasonable endeavours to process the refund within five (5) business days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Tanita Australia is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
- If we are unable to contact you in relation to your order under these Terms and Conditions using the contact details you provide during the order process after having made reasonable attempts to contact you, we will reject the order in accordance with these terms.
Availability of Goods
- You acknowledge and agree that from time to time, some goods on the website may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this occurs, Tanita Australia will use reasonable endeavours to contact you within five (5) business days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) business days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Tanita Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
- We reserve the right to withdraw or suspend any goods displayed on the website from sale either temporarily or permanently at any time without notice to you. Tanita Australia will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to any of the goods.
- Where your order is affected by an error on the website (for example, in relation to a description of goods, an image, price or otherwise), we may reject the part of the order that is the subject of the error in accordance with these terms. If applicable, Tanita Australia will proceed to fulfil the remainder of your order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your order, you can return your entire order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.
- You acknowledge and agree that:
- all pictures and images of goods displayed on the website are for illustration purposes only, and the sizes and dimensions of goods may differ in real life;
- you have read any corresponding written description of the goods prior to submitting your order;
- the colour of goods as shown on the website may vary slightly in shade in real life;
- where we provide sizing or other measurements in the descriptions of a good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order; and
- any accessory featured with the goods is for illustration purposes only.
Price and Payment
- The price in respect of a good is specified on the website and is dependent on the delivery address nominated.
- Prices are displayed in Australian Dollars. Where a delivery address within Australia has been nominated, the price includes Australian GST (currently 10%).
- You will be charged the price in Australian Dollars. Any currency conversion fees or rates used to determine the amount you pay for the goods is determined by your credit card provider. We are not liable for any difference between the price quoted on the website and the actual amount charged to you for the goods as determined by the fees and conversion rate used by your credit card provider.
- Tanita Australia reserves the right to change or alter prices of goods on the website without notice to you, unless you have already submitted an order at a stipulated price, in which case there will be no change or alteration in the price (provided your order is not affected by an obvious pricing error).
- In respect of any order, we will charge you and you agree to pay to us the:
- Purchase price (which is the price at the time the order is submitted in Australian Dollars); and
- Delivery Fee (if any).
- You can pay for your goods by any of the methods specified on the electronic order form on the website. When paying by credit card, you authorise Tanita Australia to debit your nominated card at the time you submit your order. You acknowledge and agree that any payment in respect of an order must be cleared by Tanita Australia before goods which are the subject of an order are despatched. If your payment cannot be processed, your order will be rejected in accordance with these terms and you will be notified of this on the website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your order.
- In paying or attempting to pay for the goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
- You will receive an invoice by email once payment in respect of your order has been processed.
- Tanita Australia uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
- Tanita Australia uses Delivery Agents to deliver your Goods. You agree to your details including your delivery address being supplied to the Delivery Agent for the purpose of delivering your goods.
- You should refer to the Delivery section of the website for the applicable delivery fee for the goods.
- Indicative delivery time frames are set out in the Delivery section of the website.
- You acknowledge and agree that notwithstanding anything else stated on the website:
- Tanita Australia cannot warrant that delivery will occur in the stated delivery time frames;
- delivery time frames may change from time to time due to unforeseen circumstances; and
- except where required by applicable law, Tanita Australia is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
- Delivery of goods will take place at the delivery address specified by you during the order process. You will need to submit separate orders for the goods where you require multiple delivery destinations.
- If we are unable to deliver your goods to the delivery address due to the size of the package or because there are restrictions on access to the delivery address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.
- Where you do not collect your goods from the outlet specified on the calling card within the time required of a failed delivery, you must contact our Customer Service Centre using the details provided at the start of these Terms and Conditions for further information with respect to claiming your order. If goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
- Upon delivery, you must inspect your goods and check that the goods delivered match your order. If there is obvious damage to the goods due to transit, you must contact our Customer Service Centre as soon as practicable using the details provided in the contact section. If the goods are not as ordered, you may return the goods to us in accordance with the Returns Policy. If goods are missing from your order, you may call our Customer Service Centre, or return the order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect goods as soon as possible. Any goods replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
- You warrant to Tanita Australia that any nominated representative receiving the goods on your behalf at the delivery address is duly authorised by you to do so.
Risk and Title
Risk and title in the goods passes to you on the date and time of delivery of the goods to the Delivery Agent.
Order Cancellations and Returns
- Unless provided for under these terms, no cancellations or changes to orders will be accepted, and the goods will be delivered to the stated delivery address in accordance with these terms. Therefore, you should carefully check that your order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered goods in accordance with the Returns Policy.
- Goods can only be returned under these Terms and in accordance with the Returns Policy. The Returns Policy forms a part of these terms.
- Where we reject or cancel your order under these terms, we will refund the price of the goods to you (and any applicable delivery fee) in accordance with these terms . We will use reasonable endeavours to process your refund within five (5) business days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Tanita Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
- It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Tanita Australia is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your order.
Promotions and Discounts
- Tanita Australia offers and promotions may only be used at the website and do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at the website.
- It is your responsibility to ensure that the code is valid, and that you enter the code at the time of making your purchase online. We cannot apply the code retrospectively once you have submitted your order. These terms will apply to the use of the offer or promotion.
- Please read these carefully to make sure you can take proper advantage of these offers. Any code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. If your code is lost or stolen it will not be reissued.
- Any percentage off stated applies to the Australian recommended retail price (RRP) of items, including the Australian GST component of that price. Discounts, including any percentage off, are not available when purchasing gift cards.
- Material and content displayed on or comprised by this website including text, graphics, logos, button icons, images, the website layout and software is subject to copyright owned by Milners or its suppliers.
- That material and content is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the website may be the subject of registered trade marks of Milners or its suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws.
- You may access, display, download and print portions of the website only for personal non-commercial use or for good faith commercial dealings with Tanita Australia, and subject to these terms.
- This permission is subject to you not modifying or republishing the content displayed on this site, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website.
- Any other use of material on this website including the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.
Information on the website
- Information on this Website may change from time to time. We do not warrant that such Information is correct, current or complete at all times. The website may contain technical inaccuracies or typographical errors.
- Tanita Australia assumes no responsibility (and expressly disclaims responsibility) for updating this website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision based on information on this website.
This website may contain advice and other tips and information including in relation to nutrition but be aware that such advice and information is of a general nature only. It should not be relied on as applying to your specific situation. Obtain specialist advice in appropriate situations.
- This website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material).
- Tanita Australia is not responsible for and does not endorse: (a) the content of Linked Sites or Third Party Material; (b) any use or misuse of information you may supply to or obtain from a Linked Site or any Third Party Material; or (c) any goods or services offered via Linked Sites.
- Tanita Australia does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites.
- Tanita Australia is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.
Social Networking Sites
- These Terms also govern any Submissions you make on any Milners related third party website or page such as our Facebook page, Instagram, YouTube or other social networking site.
- All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Milners or its employees and Milners is not responsible for any such content.
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of this Website
- You agree to comply with all domestic and international laws applicable to your use of this website.
- Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this website or any computer.
- You must not post on this website any material that is abusive, defamatory, and obscene, contrary to law or to the rights of any party. Tanita Australia may block or delete from this website any material you post that Tanita Australia decides contravenes those requirements.
- You must not impersonate or misappropriate the identity of another person. Use of this website in contravention of these Terms may result in you being banned from the website and being liable to Tanita Australia for breach of contract and/or infringing applicable law.
Links to this Website
You may not create a link to any page of this website without our prior written consent.
Disclaimer of warranty
- You use this website at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties, conditions, representations or guarantees (Warranties) whatsoever.
- To the extent legally permitted, Tanita Australia expressly disclaims all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights.
- Without limitation, Tanita Australia does not represent or warrant that the functions within this Website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements.
- You agree that in using this website you have not relied on any warranty made by Tanita Australia not expressly contained in these Terms.
- You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
- If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent legally permitted, Tanita Australia limits its liability for breach of any such Warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Tanita Australia’s discretion.
Limitation of liability
- To the extent legally permitted, Tanita Australia is not liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type related to or arising from: (a) this Website; (b) any use of this website or of any site or resource linked to, referenced or accessed through this website; or (c) the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data.
- These exclusions apply even if Tanita Australia is expressly advised of the possibility of such damages and extend to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories.
- To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Tanita Australia’s maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.
- You agree to indemnify, defend and hold harmless Tanita Australia from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these Terms, the rights of another party or any applicable law or arising out of any activity related to your account, by you or any other person accessing this Website using your Internet account.
- The indemnity in this clause extends to and applies for the benefit of Tanita Australia’s officers, directors, employees, agents, contractors, licensors and suppliers.
If you are allocated a password to access any part of this website, you are responsible to prevent the password being disclosed to any third party.
- We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
- Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, open mail, URL requested and referral URL.
- This information is not shared with third parties. Any individually identifiable information related to this data will not be used in any way different to that stated in these terms.
These terms shall be governed by and construed in accordance with the laws of Western Australia. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Western Australia.