Terms and Conditions
Terms and Conditions with Customer Information
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions ("GTC") of Vitality Solutions UG (limited liability) ("Seller") apply to all contracts for the delivery of goods concluded between a consumer or business customer ("Customer") and the Seller for goods displayed in the Seller's online shop. The inclusion of the Customer's own terms is hereby excluded, unless otherwise agreed.
1.2 A consumer under Australian Consumer Law (ACL) is any individual who acquires
goods or services for personal, domestic or household use or consumption.
1.3 A business customer is any individual or entity acting for commercial purposes,
including legal entities and partnerships.
2) Conclusion of Contract
2.1 Product descriptions in the Seller's online shop do not
constitute binding offers but invite Customers to submit a binding offer.
2.2 Customers may submit their offer through the online order form. By placing items in
the shopping cart and confirming the order, the Customer makes a legally binding offer
to purchase.
2.3 The Seller may accept the Customer's offer within five days by:
• Sending an order confirmation;
• Dispatching the goods;
• Requesting payment.
The contract is concluded when one of the above occurs first. If none occur within five
days, the offer is deemed rejected.
2.4 If PayPal is selected as the payment method, the contract is concluded upon
finalising the order through PayPal.
2.5 The contract will be saved and accessible via email or customer account, if
available.
2.6 Errors may be corrected before submitting the order using standard browser and
input tools.
2.7 Contract languages will be displayed in the online shop.
2.8 Communication will typically occur via email. Customers must ensure their email is
valid and able to receive messages.
3) Right of Withdrawal
3.1 Consumers have a right to cancel under Australian Consumer Law.
3.2 Full details are available in the Seller’s cancellation policy.
4) Prices and Payment Terms
4.1 Prices include Goods and Services Tax (GST).
Additional shipping charges are listed separately.
4.2 For international deliveries, additional charges (e.g. currency conversion or
customs) may apply.
4.3 Available payment methods are listed in the online shop.
4.4 PayPal and other services may conduct credit checks. Even if payment claims are
assigned, the Seller remains responsible for customer service.
4.5 Shopify Payments are processed by Stripe Australia Pty Ltd and may involve third
party providers.
5) Delivery and Shipping Conditions
5.1 Deliveries are made to the address provided
within the Seller’s specified delivery area.
5.2 The Customer is responsible for failed deliveries caused by incorrect information or
unavailability.
5.3 Risk passes to business customers upon dispatch and to consumers upon delivery,
unless otherwise arranged.
5.4 The Seller reserves the right to cancel the contract if goods are unavailable due to
supplier issues.
5.5 Self-collection is not available.
6) Retention of Title
The Seller retains ownership until full payment is received.
7) Liability for Defects (Warranty)
7.1 For business customers:
• Seller chooses how defects are remedied;
• One-year warranty for new goods;
• No warranty for used goods;
• Replacement does not reset warranty.
7.2 Exceptions apply to:
• Personal injury or loss;
• Fraudulent concealment;
• Mandatory updates for digital products;
• Building-related goods.
7.3 Statutory recourse rights for business customers remain intact.
7.4 Business customers must inspect and notify defects immediately under
commercial obligations.
7.5 Consumers should report transport damage, though it does not affect their statutory
rights.
8) Liability
8.1 The Seller is fully liable for:
• Intent or gross negligence.
• Injury or death.
• Warranties.
• Liability under Australian Consumer Law.
8.2 For other breaches, liability is limited to foreseeable and typical damages.
8.3 Other liability is excluded.
8.4 These terms extend to representatives and agents.
9) Redemption of Promotional Vouchers
9.1 Vouchers can be redeemed only in the
online shop during the stated period.
9.2 Some exclusions may apply.
9.3 Vouchers must be applied before completing the order.
9.4 Only one voucher per order.
9.5 No cash payout for unused balance.
9.6 Vouchers are non-transferable.
9.7 If goods purchased with a voucher are returned, the voucher will not be refunded.
10) Applicable Law
All legal relationships are governed by the laws of Australia and the state of Western Australia, excluding international private law and CISG. Consumer protections under other jurisdictions remain unaffected.
11) Jurisdiction
For business customers, disputes shall be settled in the courts of Western Australia. The Seller may also bring action in the Customer’s local jurisdiction.
12) Alternative Dispute Resolution
The Seller is not obligated to participate in alternative dispute resolution procedures. Consumers may contact the Australian Competition and Consumer Commission (ACCC) or a relevant consumer protection agency for further assistance.