Terms and Conditions

Please take a moment to read our Terms and Conditions. By using our site, you agree to these Terms and Conditions. Please note that the Internet is a rapidly changing medium, and we reserve the right to modify the terms of this agreement. By continuing to use the site after we post any such changes, you accept the modified terms.

This site operates from the Amazonia (Aust) Pty Ltd office in Sydney, Australia.  Amazonia makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from locations where part or all content is illegal is prohibited. People who choose to access this site from other countries do so on their own initiative and are responsible for compliance with their local laws. However products are only deliverable to Australian addresses.

These terms and conditions specify the agreed terms of use for the amazonia.com.au website ("Website"). This agreement is between you, the person accessing and/or using the Website ("You") and Amazonia ( Aust) Pty Ltd  Pty Ltd (ABN 77 134 207 364) ("Amazonia").

The Website is owned and operated by Amazonia. Your access to and/or use of the website is subject to Your agreement to and compliance with these terms and conditions.

By accessing and/or using the Website, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, you must stop using the Website immediately.

Amazonia may amend these terms and conditions from time to time, and will publish such amended terms and conditions on the Website. Your continued use of the Website after such amendment will constitute acceptance of the amended terms and conditions by you.

 

Terms in addition to those specified in these terms and conditions may apply to you if you purchase any item by means of the Website, or you purchase from us by any other means. By making any purchase or by registering for membership, you agree to be bound by any such terms.

PRIVACY

We respect the privacy of our users. Please take a moment to review our Privacy Policy. If you have any questions or comments regarding privacy contact us.

We strive to make the information as accurate as possible, but errors may appear.

INFORMATION & MEDICAL DISCLAIMER

The information contained on this site is in no way intended as a substitute for professional health care counselling. Information available at this site should not be used for diagnosing or treating a health problem or disease. Readers are strongly advised to consult a health care practitioner. If symptoms persist, consult your health care practitioner. Always read the label.

Amazonia makes no guarantees of any kind with regards to any products and other materials contained on this site. No warranty or guarantee of a cure is expressed or implied with any information at this site.

Amazonia has, as far as it is possible, taken care to ensure that the information given on this site is accurate and up to date. However, this information is provided with the understanding that Amazonia is not liable for the misconception or misuse of information provided. This information is continually being updated and so may not be accurate, current or complete and is subject to change without notice.

The information on this site is intended and applicable for Australian audiences only and adheres to Australian legislation and regulatory guidelines.

DELIVERY TIMES

Standard delivery is subject to normal Australia Post delivery times.

Please allow up to 3-5 working days for delivery once your item(s) has been shipped from our warehouse. Please allow up to 10 working days for delivery to rural locations or western states. In many cases delivery is much quicker (2-3 business days). Weekend and after-hours delivery is not available. Most orders are dispatched within 48 hours of payment. Amazonia uses  Australia Post for deliveries within Australia.

Amazonia track orders using Australia Post Express delivery system so your parcel will be trackable during its journey to you.

International deliveries can be arranged. Amazonia reserves the right to restrict parcels to certain destination countries at its sole discretion.

If you are not at the specified delivery address to receive the parcel, a card will be left advising you that delivery was attempted. Parcels will only be left without a signature if it is requested in writing. Amazonia   takes no responsibility for parcels left without signatures. Sometimes cards get accidentally discarded, so if you believe your parcel should have arrived, please email us (orders@amazonia.com.au) and we can follow this up for you or check with your local post office as your parcel may have arrived.

Amazonia takes no responsibility for lost or stolen parcels once Australia Post states they have been delivered.

COST OF DELIVERY

Delivery within Australia: Is included in our online pricing.

Deliveries outside of Australia: Delivery charges for all orders outside of Australia will be quoted by Amazonia   prior to orders being finalised. Amazonia is not accountable for any international orders that go missing or are delayed by customs. By selecting 'Air Mail - No Tracking and No Signature' you agree to have items shipped without tracking information.

PAYMENT METHODS

Credit Cards:

We accept all major credit cards. There is no surcharge for using your credit card to make purchases with Amazonia. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfill your order or some items cannot be shipped, we will offer you a credit voucher or refund the difference back to your credit card.

Money Orders, Cashier's Cheques, Company Cheques and Personal Cheques:

Amazonia accepts money orders, cashier's cheques, personal cheques and company cheques in $AUS. only. Orders are processed upon receipt of a money order or cashier's cheque. For personal and company cheques, please allow up to 5 banking days after receipt for clearance of funds before the order is processed. Amazonia   cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned cheques. Please see the full instructions below on how to pay using one of these methods.

PRICING POLICY

The prices displayed on this Site are quoted in Australian (AUD) dollars and are valid and effective only within Australia and such prices do include shipping and handling within Australia Only. You are responsible for the payment of any shipping and handling charges that may apply to your order if order is required to be sent outside Australia.

All goods include GST. Shipping costs include GST. The Purchase Confirmation/Tax Invoice will indicate the amount of GST paid.

Amazonia can ship internationally however these orders may need to be processed manually. All prices quoted on the site are those which will be used for international orders.

We work hard to provide accurate product image representation and pricing and product information. However, pricing, typographical or image errors may occur. In the event that an item is listed at an incorrect price, with incorrect information or out-dated photograph due to an error in pricing or product information, Amazonia   shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

PRODUCT/REFUND POLICY

Any stock delivered to you in faulty or damaged and unusable condition will be replaced at no charge or will be refunded by Amazonia. The choice to replace /refund is at Amazonia’s discretion. Sometimes during transit boxes might get slightly damaged. Provided that the product is usable, Amazonia   is not under obligation to replace or refund goods. Email notification is needed for all faulty/damaged claims. Where damages have occurred, Amazonia may request photos of the damages.

If a product you receive does not match the description of the product that you ordered, Amazonia will replace the received product with a product that does match the description of the product You ordered, or You may receive a full refund of the purchase price.

If You order a product and subsequently decided that You do not want that product, that product can be returned and the purchase price refunded less postage and handling, provided that: a) You inform Amazonia   (by email) within 7 days of dispatch; b) the product is returned to Amazonia unopened; and c) You pay all costs, including postage, to return the product to us. We will only refund costs once the goods have arrived back at our warehouse (please contact us for address on 1300 850 10 50, or email orders@amazonia.com.au). We recommend you insure/register parcels being returned to Amazonia.

CONTACT DETAILS

Please ensure that you give exact billing address/shipping address and telephone numbers/s. incorrect information may cause a delay in processing your order. Amazonia takes no responsibility for lost orders caused by incorrect or old address details being provided to Amazonia for shipment.  Please ensure these details are correct at time of purchase as late notification may mean your order has already been sent and therefore no liability can be claimed against Amazonia or its employees.

UNAVAILABILITY OF STOCK

If stock for an ordered item is unavailable, Amazonia may cancel Your order (or part of Your order) and refund the purchase price to You. For the avoidance of doubt, cancellation of any part of an order in accordance with this clause may be made at any time, including after you have paid us for the order. Refunds will be made within 7 business days of the cancellation of Your order (or part of Your order).

APPLICABLE LAW

This agreement is governed by the law applicable in the State of New South Wales, Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State.

While the Website may be used or accessed from outside of Australia, You accept full responsibility for such use or access, and warrant that you will comply with the law of the jurisdiction from which You use or access the Website at all times.

TERMINATION

Amazonia may terminate or suspend your access to all or part of the Website for any reason at any time without notice. In the event of termination, you will no longer be authorised to access the Website. Disclaimers and limitations or liability set out in these terms and conditions will survive termination.

VIRUS WARNING

Amazonia does not take responsibility for any material obtained with viruses or defects from or through the Website. Files may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.

ACCESS TO THE WEBSITE

You are permitted to access and use the Website and the services on the Website solely for your personal, non-commercial use, subject to your continued compliance with these terms and conditions.

Amazonia does not warrant that:

a) usage of the Website, or any of the services, will be uninterrupted;
b) the content of the Website, including any information posted on the Website, is or will be correct, up to date or error free; or
c) the Website or any of the equipment associated with the operation or delivery of the Website will be free of computer viruses or other harmful components.
You acknowledge that Amazonia   expressly prohibits, and you agree not to access or use the Website to:
a) provide any false, misleading or deceptive information, including without limitation about your identity;
b) violate any law or regulation, or cause Wellbeing to violate any law or regulation;
c) be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable;
d) harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
e) send unsolicited mail or email, make unsolicited phone calls, send unsolicited faxes or advertise any products or services by making any unsolicited contact with other users of the Website;
f) harvest or otherwise collect information about other users of the Website;
g) take any action that imposes an unreasonable or disproportionately large burden on the Website's infrastructure; or
h) deliberately distribute or execute any computer virus or any other program or code intended to disrupt or disable operations of the Website.

You agree that Amazonia may terminate or suspend Your access to and use of the Website, including if you register as a member of Amazonia, at any time in Amazonia's absolute discretion.

You agree that Amazonia may do all things necessary to work with and cooperate with law enforcement authorities and any other government body throughout the world in relation to Your access and use of the Website, including without limitation providing all such information about You and Your access and use of the Website to such law enforcement authorities and other government bodies.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights vested in any content and/or trademarks on the Website ("Content") are owned or licensed by Amazonia. Nothing on the Website should be construed as granting you or any other person any right to use any Content without the express permission of Amazonia or the owner of the intellectual property rights in Content, except where you are expressly licensed to do so in accordance with these terms and conditions.

Amazonia grants you a license to:

a) access or use the Content for any non-commercial purpose, provided that such access is via a standard web browser operated by a single human user connecting directly to the Website (unless otherwise authorised in these terms and conditions);
b) provide links, including deep links, to any section of the Website;
c) download or print copies of Content for any non-commercial use, provided that:
i. such downloads or prints are performed via a standard web browser operated by a single human user connected directly to the Website;
ii. the Website is prominently credited as the source of the Content; and
iii. the Content is copied in its entirety, including any advertisements, marks and copyright notices; and
d) automatically review and copy sections of the Website using "spiders", "crawlers" or "robots" solely for the purpose of creating an index so as to provide a publicly available search engine, and provided that only so much of the Website is copied as is required to provide the search facilities of the publicly available search engine.

The terms of the above license replace entirely any implied license terms that might otherwise apply to the Content. Amazonia explicitly prohibits use of the Content in any manner other than as licensed in these terms and conditions. Activities You must not engage in include:

a) except as specifically licensed above, making a copy, modification, adaptation or reselling or redistributing any Content;
b) any commercial use of Content, unless such use is authorised in writing by Amazonia;
c) any form of representation, including linking or framing, that could mislead or deceive a person into believing that the Content is from a source other than the Website;
d) except as specifically licensed above, any use of or access to the Website by any automatic tool, including "spiders", "crawlers", "robots" or offline browsing tools; or
e) any access or use of the Website by any means that is contrary to the commercial interests of Amazonia   (eg, to facilitate a means of encouraging users of the Website to use another website offering services similar to those available from the Website).

FRAUD

Any party engaged in illegal activities involving the use of the Website will be subject to civil and criminal sanctions and prosecution. Amazonia does not guarantee that it will be able to prevent any illegal or inappropriate use of the Website, nor that it will give notice of any illegal or inappropriate use of the Website. It is illegal to commit fraud, by placing orders under a false name or making any purchase with a fraudulently obtained credit card or without the consent of the cardholder. All persons found to have placed a fraudulent order will be prosecuted. All criminal activity will be reported to relevant state and federal authorities.

You indemnify Amazonia   and all its related entities against all expenses, losses, damages and costs (on a full indemnity basis) incurred by or awarded against Amazonia   arising directly or indirectly out of any claim by any person in relation to Your fraudulent, misleading or deceptive conduct in connection with the Website.

LIABILITY AND INDEMNITY

Other that warranties and conditions implied by relevant legislation, the exclusion of which from an agreement would contravene a statute or cause part or all of this agreement to be void ("Non-excludable Conditions"), Amazonia   excludes from this agreement all conditions, warranties and terms implied by statute, general law or custom.

Except for liability in relation to breach of any Non-excludable Condition, You agree that Amazonia   (including its directors, officers, employees and representatives) is excluded from all liability for any loss or damage including without limitation liability arising in contract, tort (including negligence) or bailment. For the avoidance of doubt, Amazonia   is excluded from liability for any consequential or indirect loss or damage, including without limitation loss of profits, arising out of or in relation to the use of or access to, or any inability to use or access, the Website, whether in contract, tort (including negligence) or otherwise.

For breach of any Non-excludable Condition (other than one in relation to which liability cannot be limited), Amazonia's liability is limited, at its option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing the goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again the services in respect of which the breach occurred.

You agree to defend, indemnify and hold harmless Amazonia   and its related entities, representatives, partners, directors, agents and employees from and against any and all liabilities, claims, costs, losses, damages and expenses, including legal fees, that arise out of or in connection with Your access to or use of the Website, including without limitation such liabilities, claims, costs, losses, damages and expenses that arise due to Your breach of these terms and conditions.

AMAZONIA IS NOT RESPONSIBLE FOR EXTERNAL WEBSITES

The Website may contain links to websites or resources that Amazonia does not control ("External Websites"). External Websites may also provide links to the Website, or to a part of the Website. You acknowledge that:

a) links to External Websites are provided for Your convenience, and do not constitute any endorsement of those External Websites by Amazonia; and
b) Amazonia is not responsible for the content of External Websites.

YOUR ACCOUNT

You are responsible for keeping Your account and password confidential and You must immediately notify Amazonia of any unauthorized use of Your account or password or any other security breach. Amazonia   considers your registration information to be confidential information and will take reasonable steps to protect that confidential information; including keeping it on server we have protected by means of reasonable security procedures. Amazonia uses information provided by You, for the purposes of maintaining Your account & processing Your orders, and to notify You of products or special offers that may be of interest to You.

Terms of Use and Acceptable Usage Policy Relating To Public Forums

The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of Linked Content from Interfacing Sites, which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings ("Postings"). We may or may not actively monitor Postings on Public Forums. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.

We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse.
The following examples constitute misuse of the Site:

• using the Site for any improper, unlawful, or immoral purpose,
• causing any nuisance by your use of the Site or causing the operation of the Site to be jeopardised or impaired;
• using the Site to create, host, or transmit (whether in a Public Forum or otherwise) any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, creed, or sex;
• using the Site to harm or attempt to harm minors in any way;
• using the Site to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;
• using the Site to create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or proprietary rights of any other party;
• using the Site to create, host, or transmit unsolicited advertising material to other users;
• using the Site to create, host, or transmit any material that harasses another;
• using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;
• adding, removing, or modifying identifying network header information or copyright management information, including author names, publication dates, or clearance agency names, in an effort to deceive or mislead;
• using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
• using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other data;
• using the Site for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking;
• reselling, repurposing, or redistributing any Intellectual Property provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorised to use;
• encouraging, condoning, or glamorising under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages;
• disclosing any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived); and
• violation of the terms of use associated with an Interfacing Site.

This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Site or Public Forums that may result in the restriction, suspension, or termination of your use of the Site or Public Forums. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.

Any Postings you make will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.

You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose.

We are not responsible for maintaining your Postings and we may delete or destroy them at any time.

CONTENT, INFORMATION, AND MATERIALS POSTED BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.

Interfacing Sites

You acknowledge and agree that we have no responsibility for the content (“Linked Content”) hosted by unaffiliated websites (“Interfacing Sites”) to which you or we may link from the Site, or otherwise display on the Site via an application programming interface or other method.

We do not host or store Linked Content. The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising, or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such Interfacing Sites, or for any action taken by Interfacing Sites.

We reserve the right to remove Linked Content from our Site or Interfacing Sites; to the extent we have such control, at any time, and for any reason, including violation of these Terms & Conditions or the applicable terms of use on the Interfacing Site.

To utilise some of the functionality of the Site you may be required to establish an account with a username and password with Interfacing Sites. As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites. If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilise the functionality provided by the Site.

In addition to these Terms & Conditions, the Linked Content that is displayed on our Site, including your rights relating thereto, are subject to the applicable terms of use as set forth by the Interfacing Website.