Terms of Service

1. About These Terms

These Terms of Service (“Terms”) govern your access to and use of the website operated by Austvita Pty Ltd (ABN 00 000 000 000) (“Austvita”, “we”, “us”, “our”) at austvita.com.au(the “Website”), as well as your purchase of any products through the Website (the “Products”).

By accessing or using the Website, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

These Terms are governed by the laws of the State of New South Wales and the Commonwealth of Australia, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

2. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law(“ACL”) or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

Our Products come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

3. Eligibility

To use the Website and purchase Products, you must:

• Be at least 18 years of age or have the consent of a parent or legal guardian.
• Be a resident of Australia (we currently only ship within Australia).
• Provide accurate, current, and complete information when creating an account or placing an order.
• Not use the Website for any unlawful or unauthorised purpose.

4. Account Registration

You may create an account to access certain features of the Website, including order history, saved addresses, and personalised recommendations.

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately at hello@austvita.com.au if you suspect any unauthorised use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for more than 24 months.

5. Products and Pricing

5.1 Product Descriptions

We make every effort to ensure that product descriptions, images, ingredients lists, and nutritional information are accurate and current. However, we do not warrant that descriptions are error-free, complete, or current. All product images are for illustrative purposes; actual packaging may differ.

5.2 Pricing

• All prices are displayed in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated.
• We reserve the right to change prices at any time without prior notice. Price changes will not affect orders that have already been confirmed.
• In the event of a pricing error, we will notify you and give you the option to proceed at the correct price or cancel your order for a full refund.

5.3 Availability

Product availability is subject to stock levels. We do not guarantee that any product will be available at any given time. If a product you have ordered is out of stock, we will notify you and offer a substitute, backorder, or full refund.

5.4 Regulatory Compliance

All Austvita products are manufactured in compliance with the Therapeutic Goods Act 1989 (Cth) and the requirements of the Therapeutic Goods Administration (TGA) and Food Standards Australia New Zealand (FSANZ) where applicable. Our products are not intended to diagnose, treat, cure, or prevent any disease. Always read the label and use as directed. If symptoms persist, see your healthcare professional.

6. Orders and Payment

6.1 Placing an Order

When you place an order through the Website, you are making an offer to purchase the Products. We may accept or decline your order at our discretion. An order is confirmed only when we send you an order confirmation email containing your order number.

6.2 Payment

• We accept payment via major credit and debit cards (Visa, Mastercard, American Express) and Afterpay, processed securely through Stripe.
• Payment is taken at the time of order confirmation.
• You represent and warrant that you are the authorised user of the payment method provided.

6.3 GST

As a GST-registered Australian business, all prices include GST (Goods and Services Tax) at the prevailing rate of 10%. A tax invoice will be provided with your order confirmation email.

7. Shipping and Delivery

• Shipping area: We currently ship to addresses within Australia only.
• Processing time: Orders are processed within 24 hours on business days (Monday to Friday, excluding national and NSW public holidays).
• Delivery timeframes: Standard shipping takes 3–5 business days for major metropolitan areas (Sydney, Melbourne, Brisbane, Perth, Adelaide) and 5–7 business days for regional and remote areas. Express shipping takes 1–2 business days for major metropolitan areas.
• Free shipping: Orders over $50.00 AUD qualify for free standard shipping.
• Risk and title: Risk of loss and title for Products pass to you upon delivery to the shipping address you provide.
• Failed deliveries: If a delivery cannot be completed due to an incorrect address or inability to accept delivery, re-delivery fees may apply.

Delivery timeframes are estimates only and are not guaranteed. We are not liable for delays caused by our shipping partners, natural disasters, public health emergencies, or other events beyond our reasonable control.

8. Returns, Refunds, and the Purity Guarantee

8.1 Purity Guarantee

We stand behind the quality of our Products. We offer a 30-day Purity Guarantee: if you are not satisfied with any Austvita product for any reason — even if the seal has been broken — contact us within 30 days of delivery for a full refund or exchange.

8.2 Consumer Guarantees

In addition to our Purity Guarantee, you have rights under the ACL’s consumer guarantee provisions. If a Product has a major failure, you may choose a refund or replacement. If the failure is minor, we may choose to repair, replace, or refund at our discretion.

8.3 How to Request a Return

To initiate a return or claim under our Purity Guarantee:

1. Contact us at hello@austvita.com.au with your order number and reason for return.
2. We will provide return instructions, including a prepaid return label where applicable.
3. Once we receive and inspect the returned Product, we will process your refund or exchange within 5–10 business days.

8.4 Non-Returnable Items

For health and safety reasons, we cannot accept returns of Products that have been tampered with, Products purchased more than 30 days prior, or gift cards.

8.5 Refund Method

Refunds will be credited to the original payment method. Please allow up to 10 business days for the refund to appear in your account, depending on your financial institution.

9. Intellectual Property

All content on the Website — including text, graphics, logos, images, product descriptions, design elements, software, and the “Austvita” brand name and logo — is the property of Austvita Pty Ltd or its licensors and is protected by Australian and international copyright, trademark, and intellectual property laws.

You may not, without our prior written consent:

• Reproduce, distribute, modify, or create derivative works from any content on the Website.
• Use our trademarks, logos, or brand elements for any purpose.
• Scrape, crawl, or use automated tools to extract content from the Website.
• Frame or mirror any part of the Website on another website or service.

10. User Content

If you submit content to the Website (such as product reviews, comments, or feedback), you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, modify, and display that content in connection with our business.

You warrant that any content you submit:

• Is your own original work or you have the right to submit it.
• Does not infringe any third party’s intellectual property rights, privacy rights, or any applicable law.
• Is not defamatory, obscene, threatening, or otherwise objectionable.
• Does not contain medical advice or health claims not supported by evidence.

We reserve the right to remove any user content at our discretion and without notice.

11. Health and Nutritional Disclaimers

The information provided on the Website, including product descriptions, blog articles, and nutritional guides, is for general informational purposes only and does not constitute medical advice, diagnosis, or treatment.

• Our Products are nutritional supplements and food products, not therapeutic goods (unless specifically listed on the Australian Register of Therapeutic Goods).
• Always read the product label before use. Follow the directions for use.
• If your child has a known allergy, medical condition, or is taking medication, consult a healthcare professional before using our Products.
• If symptoms persist, see your healthcare professional.
• Nutritional information is based on typical values and may vary between batches.

12. Limitation of Liability

To the maximum extent permitted by law (and subject to your rights under the ACL):

• Austvita’s total liability to you for any claim arising from or related to these Terms or your use of the Website or Products is limited to the amount you paid for the relevant Product(s).
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
• We are not liable for any loss or damage arising from events beyond our reasonable control (force majeure), including natural disasters, pandemics, government actions, strikes, or internet outages.

13. Indemnification

You agree to indemnify and hold harmless Austvita, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your breach of these Terms, your misuse of the Website, or your violation of any applicable law.

14. Privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Website, you consent to the practices described in our Privacy Policy.

15. Modifications to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective when posted on the Website with an updated “Last updated” date. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Termination

We may suspend or terminate your access to the Website or your account at any time, without prior notice, if you breach these Terms or if we are required to do so by law. Upon termination, your right to use the Website ceases immediately. Sections of these Terms that by their nature should survive termination will survive, including intellectual property, limitation of liability, indemnification, and governing law.

17. Dispute Resolution

If a dispute arises in connection with these Terms, the parties agree to the following process:

1. Negotiation: The parties will first attempt to resolve the dispute through good-faith negotiation by contacting us at hello@austvita.com.au.
2. Mediation: If the dispute is not resolved within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) in Sydney, NSW.
3. Litigation: If mediation fails, either party may commence court proceedings in the courts of New South Wales, Australia.

Nothing in this clause prevents you from lodging a complaint with the ACCC or your state or territory consumer protection agency.

18. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between you and Austvita.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms. We may assign our rights without restriction.
• Governing law: These Terms are governed by the laws of the State of New South Wales and the Commonwealth of Australia. The courts of New South Wales have exclusive jurisdiction.

19. Contact Us

For any questions regarding these Terms of Service, please contact us: