Welcome to the Premium Powders terms and conditions, which apply to your use of the Premium Powders website.
In these terms and conditions, "we" "us" and "our" refers to HD HEALTH SUPPLEMENTS t/as Premium Powders. 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 only.
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.
- 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.
- On registration you agree to pay for the goods and services as set out on our website.
- We reserve the right to terminate your membership at any time if you breach these terms and conditions.
- Our services are intended to be used by members within Australia only.
Our Website Services
- 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.
- All prices are in Australian Dollars (AUD).
- We reserve the right to cancel any order made should our prices change, displayed incorrectly or where the product is described incorrectly.
- Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
- 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.
- 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
- 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.
- We supply and despatch our products to customers within Australia only.
- We give no undertaking as to the availability of any product advertised on our website.
- All prices 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.
- We endeavour to ensure that the prices displayed are current, however we reserve the right to amend our prices at any time.
- Delivery is a flat-rate additional charge of $4.90 for orders under $150, FREE for orders of $150 or more.
- When placing an order, you are required to provide your name, address for delivery, your email address and your telephone number. 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.
- You agree the delivery of your ordered goods is undertaken by the third party; Australian Postal services or Fastway couriers, by purchasing from us you are agreeing to the use of this delivery service and all risk and responsibility associated.
- Title of the goods ordered via our website passes to you on the receipt of payment.
- Payment terms are strictly point of sale through either online payment gateway providers; Stripe 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 related crimes.
- Payment is your acceptance of a contract of sale with HD Health Supplements Pty Ltd (Contract). Your contract is governed by these terms and conditions.
Additional Insurance Cover Policy
- 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.
- 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.
- 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.
- Where products remain safe for consumption due to only minor internal package damages, this type of claims will be settled with new replacement packaging only.
- We do not offer cash or credit card refunds on insurance claims. Customers will be reimbursed, compensated or otherwise in the form of store credit, to be redeemed through the online store.
- 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.
- An “in transit insurance” claim for an unusable damaged good/s, the good/s must not be opened. You must contact us within 12 hours of receiving the delivery with your order and tracking numbers 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 HD Health Supplements Pty Ltd, PO BOX 633, Merrylands NSW 2160, within 7days of signing off as received. Once the returned good/s is received we will credit your account accordingly (credit excludes all delivery fees).
Faulty Return Policy
- We undertake to replace any good/s delivered to you that is manufacture faulty. Excluding minor package damage, where products remain uncontaminated within the delivery packaging and are considered safe for consumption. If we are unable to replace a faulty product, we undertake to credit your account accordingly (credit includes delivery fees).
- Faulty Returns must be first approved by us. Once approved in order for us to replace or credit, ALL faulty good/s must be made secure for return delivery and sent to HD Health Supplements Pty Ltd, PO BOX 633, Merrylands NSW 2160, within 7days from signing delivery as received. We undertake to replace or credit your account accordingly on the receipt of your returned good/s (credit includes delivery costs/fees).
- 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.
- Unless a product is deemed faulty by us, it is not faulty.
Standard Return & Return To Sender Policy
- Any good/s for return must be first approved by us. Once approved all risk, responsibility and cost associated are your own (use of registered / tracking delivery is recommended).
- We undertake to credit your account accordingly on the receipt of your returned good/s, as long as they are received by us undamaged, unopened, unused and in a re-saleable condition, with proof of purchase and within seven days of purchase (credit excludes delivery costs/fees).
- If a delivery is 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, a return to sender fee of $10.00 applies per article. Additionally any redelivery fees to resend the goods would apply.
- 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 return to sender fee of $10.00 applies per article and will be deducted from the refundable amount. Additionally any costs relating to the same order that have not been paid for prior, for example the order was originally sent in connection with a “free delivery offer”, will be required to pay for the original delivery service, any applicable delivery fee/s will be deducted from any refundable amount.
In-house Errors Policy
- We undertake to credit, exchange, replace or resend any good/s 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 undamaged, unopened, unused and in a re-saleable condition with proof of purchase and within seven days of purchase. The return Australian postal cost that you encounter for redelivery will be credited to your account accordingly, provided the redelivery receipt is enclosed with the return good/s.
- You agree to fully inspect all product, 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.
- When you visit our website, we give you a limited licence to access and use our information for personal use (Licence).
- 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.
- 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.
- 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.
- 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.
- 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.
- Our provision of hyperlinks does not authorise or condone any breach of intellectual property rights the operator of the website might be committing.
- 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
- The copyright of the content on this website belongs to us or we have a licence to use that content.
- 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.
- Any comment, review, feedback, idea or suggestion (Comments) which you provide to us through this website becomes our property.
- 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.
- 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)
- 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.
- Product statements have not been evaluated by the Australian Therapeutic Goods Administration (TGA).
- All products sold under the Premium Powders brand from the website www.premiumpowders.com.au are intended supplementary sports foods, specifically formulated to assist sports people in achieving specific nutritional or performance goals using only premium quality ingredients.
- Premium Powders products are NOT intended or designed as therapeutic related good.
- Premium Powders products are NOT intended or designed to treat, prevent, diagnose or cure any medical condition, disease or alike.
- Premium Powders 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.
- Premium Powders makes or warrants NO therapeutic related claims on its encapsulated products and in purchasing Premium Powders branded encapsulated products you fully understand and agree to the products intended assisted supplementary sports foods usage and are in support of this policy.
- 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.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- 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
- 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.
- 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.
- 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.
- 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.
- Force Majeure means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales 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 New South Wales and you agree to submit to the jurisdiction of those Courts.
- 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.
- 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.