Terms and Conditions

In these terms and conditions, "we" "us" and "our" refers to BULK POWDERS PTY LTD (Australia). Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information and goods are intended for residents of Australia and New Zealand.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Members

1. In order to access the services provided on this website, you must become a member. You must complete registration by providing certain information as set out on our registration page. Our Privacy Policy governs our collection, storage and use of your personal information.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details when appropriate.
3. On registration you agree to pay for the goods and services as set out on our website.
4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.
5. Our services are intended to be used by members within Australia and New Zealand.

Our Website Services

1. Our services are provided to individuals aged 16 and older. By purchasing products through our website, you acknowledge that you are over the age of 16.
2. All prices on www.bulkpowders.com.au are in Australian Dollars (AUD). All prices on www.bulkpowders.co.nz are in New Zealand Dollars (NZD).
3. We reserve the right to cancel any order made should our prices change, displayed incorrectly or where the product is described incorrectly.
4. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Descriptions

1. Products are described as accurately as possible, however we do not warrant or represent that the description is accurate. We will take all reasonable steps to rectify any incorrect description.
2. Images are used for illustrative purposes only. We do not guarantee that images reflect or portray the full design or options relating to any product.

Product Order Policy

1. Our products are for sale to individuals over the aged 16 and older. By proceeding to purchase through our website, you acknowledge that you are over the age of 16.
2. We currently supply and despatch our products to customers within Australia and New Zealand only.
3. We give no undertaking as to the availability of any product advertised on our website.
4. All prices on www.bulkpowders.com.au are in Australian Dollars (AUD) and are inclusive of GST, however some raw ingredient products are classed as GST free, tax invoices provided display all applicable GST related charges.
5. All prices on www.bulkpowders.co.nz are in New Zealand Dollars (NZD), all pricing is tax exclusive. It is the customer’s responsibility to check all local taxes, tariffs and customs import requirements at all times.
6. You agree you have checked with your local customs that all products you want to order can be imported into your country. We take no responsibility to refund or replace any items detained, opened or damaged by local Customs.
7. We endeavour to ensure that the prices displayed are current; however we reserve the right to amend our prices at any time.
8. Delivery is an additional charge, calculated at time of purchase based off order size, weight and delivery destination.
9. When placing an order, you are required to provide your name, address for delivery, your email address, your telephone number and credit card details. By providing us with this information you agree that we are not liable for its misuse due to error in transmission or virus or malware or cyber attack.
10. Australian customers agree the delivery of your ordered goods is undertaken by the third party; Australian Post, by purchasing from us you are agreeing to the use of this delivery service and the Australian Post delivery terms, conditions, risk and responsibility associated.
11. New Zealand customers agree the delivery of your ordered goods is undertaken by the third party; Australian Post in conjunction with EMS International Courier, by purchasing from us you are agreeing to the use of these delivery services and the Australian Post and EMS International Courier delivery terms, conditions, risk and responsibility associated.
12. Title of the goods ordered via our website passes to you on the receipt of payment.
13. Payment terms are strictly point of sale through either online payment gateway providers; eWay or PayPal. Payments are made via a valid major credit card, visa debit or debit master card. Credit card information is never stored or viewed by us. By providing us with this information you agree that we are not liable for its misuse due to error in transmission or virus or malware or cyber attack.
14. Payment is your acceptance of a contract of sale with Bulk Powders Pty Ltd (Contract). Your contract is governed by these terms and conditions.

Orders Of Commercial Nature Policy 

1. Orders of commercial nature, value and quantity are excluded from all offers, discounts, rewards and free delivery. Any order received that falls under this commercial category will be requested to pay an additional surcharge subject to any offer, discount, rewards or delivery promotion claimed. Failing to pay the surcharge request, will automatically see the order cancelled and refunded.

2. Once a general account has been identified as commercial (retail). The account will be changed from a general account to a retail account. Retail accounts will have any BP$ credit removed and unable to earn BP$ credit on future purchases. Furthermore orders are excluded from all offers, discounts, BP$ rewards and free delivery promotions.

Additional Insurance Cover Policy (Australia Only)

1. All risk of loss or damage to good/s passes to you when we despatch the products from our warehouse, this includes when good/s are in transit and under the care of the third party delivery service. All reasonable care will be taken to ensure items are packed and dispatched safely. However, you agree not to hold us accountable for any lost or damaged good/s.
2. You can select to cover your good/s for “in transit insurance”. Insurance covers lost or unusable damage products only, it excludes delivery fees or minor package damage where products remain uncontaminated within the delivery packaging and are considered safe for consumption. 
3. Insurance claims are managed on a case by case basis. If a product packet is slightly damaged and the product remains uncontaminated within the delivery packaging and is considered safe for consumption, it does not warrant a new for old replacement. 
4. Where products remain safe for consumption due to only minor internal package damages, this type of claims are settled with new replacement packaging only. 
5. We do not offer cash or credit card refunds on non recoverable insurance claims. Customers will be reimbursed, compensated or otherwise in the form of store credit, to be redeemed through the online store, in the form of BP$.
6. An “in transit insurance” claim for lost good/s requires a standard investigation period of ten business days, prior to the release of any applicable reimbursement, compensation or otherwise.
7. An “in transit insurance” claim for an unusable damaged good/s, the good/s transit packaging must not be opened. You must contact us within 12 hours of receiving the delivery with your order and tracking numbers along with photo evidence clearly showing all damages to the exterior delivery packaging and the internal product packaging. All Insurance claims are managed on a case by case basis. In order for us to process an “in transit insurance” claim, ALL damaged good/s must be made secure for return delivery and sent to Bulk Powders Pty Ltd, PO BOX 30, Braeside, Australia, 3195, within 7days of signing off as received. Once the returned good/s is received we will credit your BP account accordingly (BP$ credit excludes all delivery fees).

Faulty Return Policy

1. We undertake to credit your BP account accordingly in BP$ for any good/s delivered to you that is manufacture faulty (excluding minor package damage due to in transit handlings, credit excludes delivery fees).
2. In order to process a credit any faulty product must, first be deemed faulty and approved by us. Once approved in order for us to credit your account, ALL faulty good/s must be made secure for return delivery and sent to Bulk Powders Pty Ltd, PO BOX 34, Moorabbin Business Hub, 3189, within 7 days from signing delivery as received. We undertake to credit your BP account accordingly on the receipt of your returned good/s.
3. Product Returns will not be accepted as faulty due to personal taste preference or related to standard product reactions / characteristics / nature / season, including specialised formulated products blends. 
4. Unless a product is deemed faulty by us, it is not faulty.

Standard Return & Return to Sender Policy

1. Any good/s for return must be first approved by us. Due to the consumable and perishable nature of our products we only allow a very small window for a “change of mind” return. Returns are assessed on a case by case basis. There is no Australian Law that governs we must accept a “change of mind” return for our product type. If approved all risk, responsibility and cost associated are your own (use of registered / tracking delivery is recommended).
2. We’ll undertake to credit your BP account accordingly on the receipt of your approved returned good/s, as long as they are received by us 100% undamaged, unopened, unused and in a re-saleable condition, with proof of purchase and within seven days of approval (credit excludes delivery costs/fees).
3. If a delivery is returned to us under a "change of mind" or “return to sender” (RTS) due to non pickup from your  local post office within the prescribed period offered by the Australian Post or due to the supply of incorrect, incomplete or misleading delivery address information, a return to sender restocking fee of $10.00 or 10% (what ever is greater) applies per article. Additionally any redelivery fees to resend the goods apply.
4. Should the customer wish to cancel an order that has been returned to sender due to a non pickup from a local post office within the prescribed period offered by Australian Post or due to the supply of incorrect, incomplete or misleading delivery address information or due to a change of mind; a restocking fee of $10.00 or 10% (what ever is greater) applies per article and will be deducted from any refundable amount.
5. Any costs relating to any type of return that has not been paid for prior, for example the order was originally sent in connection with a “free delivery offer”, the customer will be required to pay for the original service should the original order no longer qualify, any applicable delivery fee/s will be deducted from any refundable amount.

In-house Errors Policy

1. We’ll undertake to credit your BP account accordingly for any good/s not included or delivered to you by mistake due to in-house error, as long as any mistaken good/s you received are returned and received by us 100% undamaged, unopened, unused and in a re-saleable condition within seven days of purchase. The return Australian postal cost that you encounter for redelivery will be credited to your BP account accordingly, provided the redelivery receipt is enclosed with the return good/s.
2. You agree to fully inspect all products, flavour, size and nutritional labels of the good/s you receive from us to confirm receiving the correct type and option ordered. You accept that any in-house errors cannot be corrected if the good/s packaging has been opened. Opening of the packaging is your acceptance of that good/s type and option.

Site Access

1. When you visit our website, we give you a limited licence to access and use our information for personal use (Licence).
2. You are permitted to download a copy of the information on this website for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.
3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of our information without our prior written permission.
4. The Licence does not include the right to use any data extraction tools, meta tag or mirroring software. We reserve the right to serve you with notice if you are in breach of the Licence.

Hyperlinks

1. This website may from time to time contain hyperlinks to other websites. The hyperlinks are provided for convenience only. We take no responsibility for the linked website's content, maintenance, or privacy compliance.
2. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
3. Our provision of hyperlinks does not authorise or condone any breach of intellectual property rights the operator of the website might be committing.
4. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

1. The copyright of the content on this website belongs to us or we have a licence to use that content.
2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
3. Any comment, review, feedback, idea or suggestion (Comments) which you provide to us through this website becomes our property.
4. You agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
5. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers (encapsulated products)

1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
2. Product statements have not been evaluated by the Australian Therapeutic Goods Administration (TGA).
3. All products sold under the Bulk Powders brand from the website www.bulkpowders.com.au and www.bulkpowders.co.nz are intended supplementary sports foods, specifically formulated to assist sports people in achieving specific nutritional or performance goals using only premium quality ingredients.
4. Bulk Powders Pty Ltd products are NOT intended or designed as therapeutic related good.
5. Bulk Powders Pty Ltd products are NOT intended or designed to treat, prevent, diagnose or cure any medical condition, disease or alike.
6. Bulk Powders Pty Ltd has taken all due care in providing only direct product nutritional information on encapsulated products in order to abide by TGA non therapeutic related claim policy, they do not provide any warranty to information, claims, implication, intended or suggested use. Information, claims, implication, intended or suggested use provided on products is based on in house staff research and personal experiences; individuals are encouraged and advised to conduct their own research at their own due diligence prior to purchasing.
7. Bulk Powders Pty Ltd makes or warrants NO therapeutic related claims on its encapsulated products and in purchasing Bulk Powders branded encapsulated products you fully understand and agree to the products intended assisted supplementary sports foods usage and support of this policy.
8. All information found on our website is not to replace any advice from your doctor. If you have a medical condition, are pregnant or nursing, it is your responsibility to check with your doctor before starting any exercise or supplement course.
9. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
10. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse, cyber credit card fraud and/or malware, however you agree we are not responsible for any loss or damage to your personal data, belongings, software or financials  which arises in connection with your use of our website or any linked website.

Limitation of Liability

1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the products and/or services again or payment of the costs of having those products and/or services supplied again.
2. To the full extent permitted by law, we accept no liability for any loss whatsoever including consequential loss suffered by you arising from use of this website, product/s and service/s we have supplied.

Indemnity

1. By accessing our website and using our products, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our products and website.

Force Majeure

1. If a Force Majeure event causing delay continues for more than thirty days, we may terminate this agreement by giving at least seven days notice to you.
2. Force Majeure means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

1. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

1. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.