Terms of Sale of Products
These Terms of Sale apply to any Order you make through the website. By placing an Order via the website, you are offering to purchase a Product on, and subject to, these Terms of Sale.
- Availability of Products
1.1 We do not warrant that any of the Products displayed on this website will always be available. All Orders are subject to product availability. If we are unable to complete your Order due to unavailability of the Product you have ordered or any other reason, you will receive a refund of any money paid for that Product.
1.2 We may withdraw or suspend from sale any Products displayed on the website, either temporarily or permanently, at any time. We will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Product. Where a Product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Product has already been processed, we will refund any money paid to us for that Product.
2. Product Orders
2.1 When you place an Order, you will receive an acknowledgement email confirming receipt of your Order. This email will does not constitute acceptance of your Order. A contract between you and JOMILA for the purchase of the Product will not be formed until we have approved your Order and we have received payment for the Product in full.
2.2 When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee. All prices are in Australian dollars and, if GST applies, unless otherwise specified are inclusive of GST.
2.3 We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order for a Product at a particular Price, we will supply your Product at that Price.
2.4 Any payment for an Order must be cleared by JOMILA before Products are dispatched. If your payment cannot be processed, we will not dispatch your Order.
2.5 We may allow you to use a third-party payment provider to make payments to us. If you make a payment using a third-party payment provider, you may need to enter into a separate, legally binding agreement, with that payment provider.
2.6 Our Products are for use in Australia. We have no responsibility to you or any other person for use of the Products outside Australia. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid for that Order.
2.7 Risk in the Products passes to you when the Products are delivered to the Delivery Address. Title in the Products passes to you on receipt by JOMILA of the Price in full for the Products.
2.8 We will not be liable for any failure or delay or default in performance of our obligations under these Terms of Sale (including in relation to delivery of an Order or Product) if such failure or delay or default is caused by third parties in the supply chain or by conditions beyond our reasonable control including but not limited to delay in or unavailability of ingredients or manufacture, acts of God, storms, government restrictions, wars, pandemic, epidemic, insurrections.
2.9 From time to time we may undertake special offers and/or promotions. Separate terms and conditions may apply to Products sold as part of a promotion or offer.
3. Cancellation of Orders, Refunds and Returns
3.1 Unless provided for under these Terms or as otherwise agreed by us in writing, no cancellations or changes to Orders will be accepted, and the Products will be delivered to the Delivery Address in your Order. You should carefully check the Order Confirmation Page before you submit your Order.
3.2 Our Returns Policy applies to any refunds or returns of a Product or Order.
4. Use of the Products
4.1 You are solely responsible for your use of the products sold on this website.
4.2 The Products are manufactured and sold for use only in accordance with the instructions (including as displayed on this website and on or with the Products).
(a) makes no representation that its Products are suitable for your specific circumstances or appropriate for your individual needs;
(b) does not warrant that the Products will provide any specific health, therapeutic, nutritional or other benefits; and
(c) has no liability to you arising howsoever in connection with the Products where your use of the Products is not in accordance with our instructions or is outside Australia.
5.1 In these Terms of Sale:
(a) Delivery Address means the address to which a Product is to be delivered, as set out on the Order Confirmation Page;
(b) Delivery Fee means a fee for the delivery of the Product to you as set out on the Order Confirmation Page;
(c) Order means an Order for a Product made in accordance with these Terms of Sale;
(d) Order Confirmation Page means the web page that sets out the details of your Order, including the Product, Price and Delivery Address;
(e) Price means the purchase price for each Product as specified on the Order Confirmation Page, including applicable GST;
(f) Product means any product purchased from JOMILA through this website, (and Products has an associated meaning);
(g) we, us, our and JOMILA are references to JOMILA Pty Ltd ACN 613 821 088, the Product supplier; and
(h) you and your is a reference to you as the purchaser of Products.