Terms of Use
HERE’S A QUICK SUMMARY…
CELL INFUSE AUSTRALIA is a 100% Australian owned company based in the Sunshine Coast, QLD, Australia. 
SHIPPING – Shipping Policy Update October 2020 –
- We offer Free Shipping in Australia & New Zealand for all orders over $100 and for all International orders over 150
2. We ship with Australia Post daily Monday to Friday. On pick up by Australia Post from our warehouse. ALL responsibility for delivery is assumed by Australia Post. Their delivery schedules and other related conditions (COVID-19 impact) may be viewed on the Australia Post website.
Orders received before 1.00 pm AEST Monday to Friday will generally be packed & shipped that day. (If it is not a public holiday) Australia Post advise that delivery times may vary, but are generally within 3 business days to QLD, NSW, VIC, ACT and within 5 business days to WA, NT, TAS, SA.) Overseas orders are shipped via Air Mail or Express Courier. Shipping times can be dependent on the services (Customs, Postal) of the receiving country. If you experience delays you can contact our Customer Service department at 1300 850 533 (Australia), 0800 886 047 (New Zealand), or email us at enquiries@cellinfuse.com.au
CREDIT CARD SECURITY – Your online purchase with cellinfuse.com.au is completely safe.
We use the latest SSL certificate technology to ensure all transactions are 100% secure. None of your credit card details are kept by us, so there is no further billing after the transaction has completed.
CONTACT US – If you have any questions about the above information, or require further assistance with your purchase,
please contact us and we will help in any way we can.
HERE ARE ALL THE DETAILS…
TERMS AND CONDITIONS OF USE
CAREFULLY READ AND UNDERSTAND THESE TERMS
BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE
ATTENTION: This is a binding Agreement (the “Agreement”) between You, the individual or entity accessing, using or purchasing Product from this Website (“you,” “your” or “Customer”) and CELL Infuse Australia Pty Ltd (“CELL Infuse Australia),” “we,” “our” or “Company”) the owner and administrator of this
Website and all content contained herein (collectively, “Website”).
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT
IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY
PRODUCT THROUGH THE WEBSITE
1. SHIPPING DAMAGE & DELAYS
If your product is damaged in shipping you may return the product as set out in clause 7 below. Notification of damage in shipping must be given to the company within five (5) business days of receipt of product. To advise the company of shipping damage or any delays in the delivery of your order, you may contact our Customer Service Department on 1300 850 533 (Australia), 0800 886 047 (New Zealand), or at enquiries@cellinfuse.com.au
2. REFUND POLICY FOR SHIPPING AND HANDLING CHARGES
Should you choose to return product as a result of damage in shipping you will be responsible to pay the shipping and handling charges as set out in clause 6 below. Should a product be returned, the original cost of shipping will be deducted from your refund. However, if you have encountered an error in your order the Company may, at its discretion, refund your shipping and handling costs.
3. PRICE REDUCTION
Company reserves the right to reduce or increase pricing without prior notice to you. Current prices will be those prices shown on our website at time of order placement.
4. SHIPPING TIME
Orders received before 1.00 pm AEST Monday to Friday will generally be packed & shipped that day. (If it is not a public holiday) Australia Post advise that delivery times may vary, but are generally within 3 business days to QLD, NSW, VIC, ACT and within 5 business days to WA, NT, TAS, SA.) Customers should check Australia Post website to see relevant shipping times due to COVID-19 delays. Overseas orders are shipped via Air Mail or Express Courier. Shipping times can be dependent on the services (Customs, Postal) of the receiving country. If you experience delays you can contact our Customer Service department at 1300 850 533 (Australia), 0800 886 047 (New Zealand), or email us at enquiries@cellinfuse.com.au
5. GENERAL
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, by completing the “Order Payment Process” in our online shopping cart or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
6. PRODUCT RETURNS
To return a Product for an exchange due to shipping damage, you will need to obtain a Return Merchandize Authorization (“RMA”) number. When contacting the Company you must specify the reason for the return. An RMA number can ONLY be obtained by contacting the Customer Care Department on 1300 850 533 (Australia), 0800 886 047 (New Zealand), or email enquiries@cellinfuse.com.au
Please Note:
1. We cannot process or exchange Product marked “Return to Sender.”
2. To ensure that your account is correctly noted, you must send back Product returns to the address provided below along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number.
Returned Products must be sent to the following address:
CELL Infuse Australia
PO Box 1580
Buderim QLD 4556
Australia
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery and tracking.
7. SHIPPING TERMS
When we ship the Product to you, our standard priority mail service is shipped via the combined services of Australia Post. (packages should arrive within three to five (3-5) business days). These timeframes may be affected by COVID-19. Refer to Australia Post website for latest updates. Please note that shipments are not sent out on Saturdays, Sundays or any Public Holidays. We do not guarantee arrival dates or times. Overseas shipments are sent via Australia Post Registered service or Express Courier Service (where that is available) Shipping times may vary. All shipment tracking numbers are forwarded to customer via email at time of shipping lodgment. CELL Infuse Australia has completed shipping responsibility at the time of receipted delivery to Australia Post.
8. REPRESENTATIONS; DISCLAIMERS
It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand, however, that the statements on the Website, promotional materials and the Product have not been evaluated by the Therapeutic Goods Association of Australia and the Product is not intended to diagnose, treat, cure or prevent any disease. The information provided by our Websites or this Company is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice. Individual results will vary. We want you to have the most accurate information concerning the Product. The information we communicate to you about the Product and/or its efficacy is obtained from independent third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers (“Information Sources”). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data.
We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product. Individual results will vary from person to person.
9. YOUR REPRESENTATIONS
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, the Product. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that you order from the Website.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
10. REJECTION, DAMAGE OR LOSS IN TRANSIT
We shall not be liable and you shall not be entitled to reject Product delivery, except for damage to the Product or any part thereof occurring in transit (where the Product is carried by our own transport or by a carrier on our behalf), and where we are notified of such damage within five (5) business days of your receipt of the Product.
11. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT THE COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defence of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
13. NOTICES
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of the Company, the email address is enquiries@cellinfuse.com.au In the case of sending notices to you, the Company will use the email address you provided to the Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
14. TERMINATION
We reserve the right to terminate your access to or use of this Website should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.
15. FRAUD
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
16. SALES TAX
If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Web Site.
17. INTELLECTUAL PROPERTY RIGHTS
The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company’s prior written consent.
18. MISCELLANEOUS
• Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of the Commonwealth of Australia, without regard to conflict or conflict of law principles.
• Overdraft fees. In the event of overdraft of customer’s account due to a charge for an original order the company is not liable for any customer’s overdraft fees.
• Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. The Company may assign this Agreement to any successor entity. The Customer may not assign without the written permission of the Company.
• Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
• Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
• No Waiver. No waiver of or by the Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
• Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
• Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product.
• Modifications. The Company reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. The Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by the Company in writing, you may not amend these terms and conditions in any way.
