TERMS AND CONDITIONS
Terms and Conditions
1. Acceptance of Terms
(a) This website is operated by Bonney Enterprises PTY LTD trading as GIA ACTIVE. ("GIA ACTIVE," "we," "our," or "us"), and can be accessed at [giaactive.com.au] ("Site"). By accessing and using the Site, you agree to be bound by these Terms and Conditions ("Terms").
(b) By using the Site, you confirm that you have reviewed and understood these Terms, including our Website Terms of Use and Privacy Policy. If you are under the age of 18, you must review these Terms with a parent or legal guardian, who must consent to the Terms on your behalf.
(c) You agree not to create an account or place an order unless you are at least 13 years of age. If you are a parent or guardian of a minor, you are responsible for supervising their use of the Site and ensuring compliance with these Terms.
2. Registration and Account Creation
(a) To streamline the purchasing process, you may create an account with GIA ACTIVE. You must ensure the accuracy and currency of the information provided.
(b) Personal information collected during registration will be handled in accordance with our Privacy Policy.
(c) You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities under your account.
3. Collection of Personal Information
(a) We collect personal information to respond to your inquiries, process orders, and provide our services.
(b) Personal information may be shared with third-party service providers who assist in delivering our services or as required by law. If you choose not to provide requested information, we may be unable to fulfil your order.
(c) Our Privacy Policy provides further details on how your information is stored, used, and your rights regarding access and correction.
(d) By submitting personal information to us, you consent to our use and disclosure of your data in accordance with our Privacy Policy.
4. Orders and Acceptance
(a) By placing an order, you make an offer to purchase the selected products at the listed price, inclusive of applicable taxes and charges.
(b) GIA ACTIVE reserves the right to accept or reject any order at our sole discretion. If an order is rejected, we will notify you promptly.
(c) Once an order is accepted, a binding agreement will be formed for the purchase of the products as per the Terms.
(d) You are responsible for verifying your order details, including product selection and pricing, before submitting your order.
5. Availability and Cancellation
(a) All orders are subject to product availability. We strive to keep our inventory up to date on the Site.
(b) GIA ACTIVE may cancel an order at any time before delivery for reasons such as insufficient stock, pricing errors, or external factors beyond our control. If an order is cancelled, you may request a refund, store credit, or backorder.
(c) Any refunds will include the full cost of the products, including any delivery charges.
6. Pricing and Payments
(a) Prices are listed in Australian dollars and include GST, where applicable. Delivery and insurance charges will be added to your order total based on your selected options.
(b) Payment must be made in full before products are dispatched.
(c) Payments must not be made through fraudulent or unlawful means.
(d) Promotional prices and discounts are stated in Australian dollars unless otherwise specified.
7. Promotional Codes
GIA ACTIVE may offer promotional discount codes for specific products. To claim a discount, enter the provided code during the checkout process. Conditions for each promotion will be specified on the Site.
8. Delivery, Title, and Risk
(a) We offer delivery within Australia and internationally. Please refer to our delivery page for more information.
(b) Delivery charges are calculated at checkout based on your location and chosen delivery method.
(c) We aim to dispatch products within 72 hours of order receipt. Estimated delivery times may vary based on the shipping method.
(d) You are responsible for ensuring accurate delivery information. If changes are necessary, please notify us promptly.
(e) Ownership of the products will remain with GIA ACTIVE until full payment is received. Risk transfers to you upon delivery.
9. Warranty and Consumer Rights
(a) Our goods come with guarantees under Australian Consumer Law (ACL) that cannot be excluded. If goods are not of acceptable quality, you may be entitled to a replacement, repair, or refund.
(b) For major failures, a refund or replacement is available at your discretion.
10. Returns and Exchanges
Please refer to our Returns Policy for detailed instructions on how to return or exchange products.
11. Limitation of Liability
(a) To the fullest extent permitted by law, GIA ACTIVE'S total liability is limited to the amount you paid for the products related to the claim.
(b) We are not liable for indirect, consequential, or special damages, including loss of profit, opportunity, or data, arising from your use of the Site or our products.
12. Intellectual Property
(a) All intellectual property rights associated with the Site and its content remain with GIA ACTIVE.
(b) You are prohibited from copying, distributing, or altering any of our intellectual property without prior written consent.
13. Termination
(a) GIA ACTIVE may suspend or terminate your access to the Site if you breach these Terms.
(b) You may stop using the Site at any time.
(c) We reserve the right to discontinue or modify the Site without prior notice.
14. General Provisions
(a) Dispute Resolution: Any disputes must first be attempted to be resolved through good faith negotiation between senior representatives of both parties.
(b) Notices: All notices must be provided in writing and can be sent via email or post.
(c) Waiver: A failure to exercise a right under these Terms does not constitute a waiver of that right.
(d) Governing Law: These Terms are governed by the laws of Queensland, Australia, and any disputes shall be subject to the jurisdiction of the Queensland courts.
For questions, contact us at:
Email: info@giaactive.com