Terms and Conditions

Terms And Conditions Of Use

Definitions

You and your means the user of this website.  Our, us, and we means Tasmanian Manuka Honey as represented by Down Under Fine Foods P/L. Loss means loss, damage, cost, or expense (to any person or property) including consequential or indirect loss or any loss of profits, data, or revenue.

These Terms And Conditions Of Use apply to your use of this web site, including our online store: Tasmanian Manuka Honey.com (TMH), managed and operated by Down Under Fine Foods Pty. Ltd. ABN: 69 135 811 960

Terms and Conditions Of Use

These Terms and Conditions Of Use contain important information about your use of this web site, ordering, processing, fulfilment, and delivery of products, including limitations of liability, warranties, and our returns policy.Please read the following Terms and Conditions carefully before using this web site or placing your order with TMH.

By your use of this web site, including accessing information on it, use of links, or downloading materials from it, you agree to the Terms and Conditions of Use. External websites accessed by links may have additional terms and conditions of use.If you do not accept these Terms of Use, you must not use the website, links on it, or download materials from it.

If you have any questions, please contact us using our Contact Us page or telephone us at: 0458 222 01 and we will be happy to assist you.

Medical Disclaimer

This web site is not designed to and does not provide medical advice. All information content, including text and images, available on or through your use of this web site is for general informational purposes only and it is not intended to be used to diagnose, treat, cure, or prevent any disease, nor should it be used for self-medicated therapeutic purposes.

This web site is not a substitute for independent professional advice. Obtain the opinion of a medical professional before using the products sold on this web site for any medically related purpose.

Users of this web site and web sites accessed through links on this web site must not rely on the information accessed as an alternative to medical advice from your doctor or other professional healthcare providers.

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information you may access on or through this web site.

To the maximum extent allowed by the governing law, TMH, its suppliers, agents, and any other related parties, do not accept any liability for any injury, loss or damage incurred by use of or reliance on the information contained on this web site and web sites accessed through links on this web site.

Please know that no honey is safe for consumption by infants under 12 months of age.

Privacy Policy

By your access and use of our web site, at any time, you acknowledge that you are aware of the Terms and Conditions Of Use and our Privacy Policy at the time of use. To keep current on our policies, please review them from time to time. Please click here to read our Privacy Policy.

Prices For Products

All prices are shown in Australian Dollars and include Goods and Services Tax (GST) if applicable. Any fees and charges (e.g. delivery fees) include GST if applicable.

TMH reserves the right to change or alter prices of products and services as shown on the web site without notice to you. If you have already submitted an order there will be no change or alteration in prices, unless your order has a pricing error.

Payment For Products

TMH uses PayPal to provide a secure environment for the authorisation of credit card and charge card transactions to pay for your order. Confidential information including card details is encrypted using PayPal encryption technology. When paying by PayPal or credit card, you authorise TMH to debit your credit card at the time you submit your order. The name on the credit card used for the payment must match the name on the order.

Other payment methods are available by prearrangement. Give us a call.

You acknowledge and agree that any payment for an order must be cleared by TMH before the products you have ordered are shipped. You will receive a tax Invoice by email once payment in respect of your order has been processed.

If your order or payment cannot be processed, your order will be rejected and you will be notified of this on the web site or by email. If it is a credit card matter, you should contact your card issuer to resolve any problem concerning the use of your credit card.

When paying or attempting to pay for the products, you agree that you have not engaged in any fraudulent conduct or contravened any law.

Delivery Of Your Order

TMH normally uses Fastway Couriers or AusPost to deliver your order to you. If you want us to use a different delivery service, we can do that by prearrangement, if you send us an email.  You will be provided with a delivery number, which you can use to track your order.

TMH will use the details, including your delivery address, shown on your order for the delivery of your order. Title to the goods in the order and risk of loss will pass to you on delivery.

If you are not available to take delivery of your order, the carrier, usually Fastway Couriers or AusPost, will leave a card so you can pick-up your order from your local Post Office. If you designate an alternate carrier, they will usually leave a card with redelivery or pickup instructions.

Please note: depending on packing workload, shipping your order may take up to 15 business days.

Eastern Australia

We have a freight rate for shipping across eastern Australia. The shipping charge is $15.00 plus 5% of the goods purchase price Fastway Couriers or AusPost standard delivery.
The cost of shipping can be a real challenge to an on-line business. We have reviewed many shipping methods and companies and we have chosen to use Fastway Couriers or AusPost for all normal shipping.

If you want us to ship using a different carrier or a different Fastway Courier or AusPost service, please email when you place your order and we will be happy to send you a quote for using that service.

Western Australia

We no longer ship honey to Western Australia.  If you live in Western Australia and want to buy our honeys, please contact:

Optimum Health Foods, Morley, WA  6062  –  P: 08 9375 1155   or   M: 0428 450 051

International

We do not ship outside of Australia.  No export shipments.

Delivery Schedule – Delays

We want you to receive your order as soon possible using Fastway Couriers or AusPost or a delivery service designated by you but the delivery of your order is subject to the standard terms and conditions of shipping by Fastway Couriers or AusPost or the delivery service designated by you. TMH is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery address, delivery times, or a delay in delivery.

Orders – Accept or Reject

TMH reserves the right to accept or reject your order for any reason at any time. In the event that we reject an order, we will notify you of that rejection and the reason for rejection via email within seven (7) business days after the placement of the order and we will contact you to arrange for refund of your payment. TMH will not be liable to you for your loss or that of any third party for the rejection of an order or any delay in processing your refund.

We reserve the right to refuse any order for any reason.

Legal Capacity To Transact

By placing an order using this web site you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with TMH. Should TMH suffer any damage or other losses as a result of a transaction entered into by a minor, TMH reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with TMH.

Stock Availability

You acknowledge and agree that, from time to time, some products on the web site may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this occurs, TMH will use reasonable efforts to either source the products, or contact you within five (5) business days to either arrange a full or partial refund, or change your order to replace the products with a comparable product. We reserve the right to withdraw or suspend any products displayed on the web site from sale either temporarily or permanently at any time without notice to you. TMH will not be liable to you for your loss or that of any third party for the unavailability of products or any delay in processing your refund.

Product Description

You acknowledge and agree that all pictures and images of products displayed on the web site are for illustration purposes only, and the sizes and dimensions of products may differ in real life, and that TMH has made a good faith effort to accurately describe the product and that an error in description shall not be construed in a negative manner. TMH will not be liable to you for your loss or that of any third party for an error or change in product descriptions.

The information contained in this web site is subject to change without notice.
We are not responsible for typographical, technical, or descriptive errors herein and we do not warrant that the information is complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Returns

You should carefully check that your order is accurate before you submit it online. TMH sells honey, which is a food product. Within 30 days of the original purchase, TMH will discuss returns or exchanges for UNOPENED PRODUCTS ONLY if you can provide a valid reason for the request, for example, wrong product ordered. TMH in its sole absolute discretion will determine if a refund or an exchange will be made. Freight charges for returning the products to us may be your responsibility. In no case, will TMH refund or exchange opened food products.

Faulty Items

We want you to be satisfied with your purchases. If your order arrives with a problem or a defect, please contact us by email or telephone and we will work with you to resolve the issue.

Product Recall

When a product is subject to a product recall, a notice will be posted on the web site. You agree that we may contact you, using the personal information provided on your order, to notify you of a product recall either by telephone (including mobile phone), email or postal mail.

Indemnification

You agree to indemnify and hold TMH (Down Under Fine Foods Pty Ltd, and its officers, directors, managers, shareholders, employees, agents, representatives, subsidiaries, affiliates, joint ventures, and third-party service providers) harmless from all claim, loss (including, but not limited to, any indirect, consequential or economic loss), liability, damage, action, proceeding, judgment, cost and expense that is, or may be, incurred or sustained by the Indemnified (TMH) caused by or arising out your breach of these Terms and Conditions, your use of this web site, or your violation of any law or the rights of a third party. If you are required to indemnify TMH under this Section, TMH will have the right to control the defence, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without express written permission from TMH.

Our Liability

Subject to any rights you have under consumer protection law, TMH excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
TMH will not be liable to you or any third party for any damages, losses (including, without limitation loss of profits, business or data), costs or expenses of any kind, or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, which arise out of, or result from, any use of, or inability to use, this website or any other website which is linked to this website and these Terms and Conditions.

Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The liability of TMH to you for loss or damage of any kind arising out of your use of this web site will be reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statue or otherwise.

Warranty

This web site is provided on an “as is,” “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of title, merchantability, fitness for a particular purpose, non-infringement, or any warranty as to accuracy, timeliness, completeness or arising from a course of dealing, usage, or trade practice.

Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantees provisions of the Australian Consumer law or our liabilities under those provisions, you acknowledge that TMH does not make any warranty or representation as to the suitability of our products for any purpose.

Copyright

The copyright in the materials appearing on this web site, or accessed through your use of web sites which are linked to this site, vest in the author of those materials, or the author’s licensee. TMH recommends that you refer to the copyright statements found at all web sites you access before making use of those materials.

Trademarks – Service Marks

Company, product, and service names mentioned on this web site or web sites accessed through this web site may be trademarks or service marks. Those marks are the property of their respective owners. References to those companies, products, or services are not and should not be considered an endorsement or approval by TMH of those companies, services, products or information.

Quality of Information

TMH makes every effort to ensure the quality of the information available on this web site but cannot guarantee that quality and assumes no legal liability or responsibility for the accuracy, currency or completeness of the information.

Links to External Web Sites

This web site contains links to other web sites that are external to the TMH web site. TMH takes reasonable care in selecting these linked web sites. These links have been inserted for your convenience as information resources. Using these links to the external web sites does not constitute endorsement by TMH of the material at those sites, or any associated organisation, product or service. The content accessed on these external web sites can change at any time without prior notice.

It is your responsibility to make your own decisions about the accuracy, currency, reliability and correctness of information contained in linked external web sites. TMH does not accept responsibility for the availability, accuracy or content of information presented on external web sites. Use of any information provided on any linked website is at your sole risk.

Information or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through this site either as a result of hacking or material placed on linked websites. TMH, its suppliers, sellers, or agents make no representations as to the suitability of the information accessed for viewing by minors or any other person.

Web Site Security

We work to make sure that this web site is as secure as is reasonably possible. However, users should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a user’s transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses or other defects.

TMH does not represent or warrant that the files or materials on this web site or web sites accessed through this web site are free from viruses or other defects. TMH accepts no liability for any interference with or damage to a user’s computer system, software, or data occurring in connection with use of this web site.

Online Conduct

Web site users agree to use this web site for lawful purposes only and are prohibited from posting on the web site any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. This applies to any posting that could be termed as sexual harassment and or discrimination. Although in the absence of a specific complaint the postings are not monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in the Comments area will list the author’s name–no anonymous postings are permitted!

Change To Terms And Conditions

TMH reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from their posting on the web site. The Terms and Conditions, which apply at the time of submitting your order, are those that govern your order.

Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

A failure or delay by TMH to exercise a power or right under these Terms and Conditions does not constitute a waiver of that power or right, and the exercise of a power or right by TMH does not preclude exercise of that power or right in the future.

Force Majeure

TMH shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of TMH, and TMH shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Tasmania, Australia and you agree to submit to the exclusive jurisdiction of the courts of Tasmania.