Terms & Conditions + Shipping

These are the Terms and Conditions of LVLUP Health trading as LVLUP Health 

(“LVLUP Health”, “we”, “us”) on our website located at https://lvluphealth.com, which is owned and operated by us (https://lvluphealth.com).

These Terms and Conditions also incorporate our Terms of Use,
Disclaimer and Privacy Policy, all of which can be found on our Website.

Please read these conditions carefully, as they apply to all
transactions between us and can only be waived or varied in writing
signed by us. By proceeding with a purchase on our Website, you’re
indicating to us that you’ve read, understood and agreed to these
conditions. If you have any questions or concerns about our conditions
or Website, or any purchase you make through the Website, please don’t
hesitate to get in touch with us.

1. eCommerce

While we take every care to make sure our online store is accurate
and up to date, from time to time, mistakes may occur (for example, a
pricing error or stock availability issue).

Please note that when you submit an order through the Website, no
agreement is formed until we process and accept your order and send you a
confirmation. If there’s been an error leading to your order (such as a
pricing or stock error), we may choose not to fill the order, but we’ll
be sure to contact you to discuss your options (for example, placing an
order at the correct price, delaying your order or exchanging your item
for another). If we can’t or won’t fill your order, we’ll process a
full refund as soon as practicable.

2. Payment

You agree to pay us the purchase price listed on the Website (subject
of course to the proviso above, in the case of accidental errors and
omissions). We may vary our prices from time to time. You agree and
acknowledge that we may do so at any time on notice, and that such
notice is given by us posting the updated price on our Website.

You acknowledge and agree that your payment in full in cleared funds
(including any postage fees, discussed below) is a condition of this
agreement, any breach of which will entitle us to terminate this
agreement immediately. If a request for payment is returned or denied by
your financial institution or is unpaid by you for any other reason,
then you’ll be liable for any associated costs incurred by us, including
banking fees and charges. We may also immediately stop delivery of any
goods unpaid for unless and until we receive your payment in full.

If you fail to pay us for an order, or if an insolvency event (for
example, if you commit an act of bankruptcy or become insolvent) occurs
in relation to you, we may suspend delivery of an order, require payment
in a particular form or terminate this agreement.

We currently accept payments by paypal, stripe and afterpay; or direct deposit if agreed to by lvlup management. 

In making a payment, you warrant to us that you’ve read and agreed to
the terms of any third party payment gateway or processor or credit
provider (such as PayPal, AfterPay or ZipPay), which are available on
their respective websites. You understand that these services are
provided by third parties, and are made available to you on our Website
for convenience only. We’re not responsible for any issues, loss or
damage arising out of those facilities. If you have an issue with a
third party provider on our Website, please contact them directly.

3. Discounts and Coupon Codes

We may offer discounts or coupon codes from time to time.

Discounts and coupon codes are not
available in conjunction with any other offer (for example, if we have
two promotions on offer at the same time, you can only apply one
discount or coupon code to a purchase, not both).

Discounts and coupon codes are available
for the stated time, or else for a period of seven (7) days from the
date that the offer was first made, or until stocks last (whichever
occurs first).

Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.

Coupon codes are non-transferable and are not redeemable for cash under any circumstances.

We reserve the right to revoke any discount offer or coupon code at any time without notice.

4. Store Credit

You’ll need an account on our Website to
receive and redeem store credit. If you don’t already have an account on
the Website, you’ll need to create one prior to store credit being
provided.

Store credit can be redeemed for twelve
(12) months from the date of issue and will expire after this date.
It’ll then be unable to be redeemed, replaced or refunded.

Store credit is non-transferable and is not
redeemable for cash under any circumstances, including any partial
balance remaining after redemption.

5. Postage and delivery

We use delivery service providers to help us get our products to you.

Rates

You agree to pay to us postage fees at the checkout .

Our delivery service providers may change their fees from time to
time, and so you acknowledge and agree that we can vary the postage fees
applicable to orders at any time on notice, and that such notice is
given by posting the updated postage fees on the Website.

Dispatch Timeframes

We process all orders within 48 hours of receipt of payment. Once an
order is processed, we’ll do our best to dispatch orders on the same
business day or the next business day.

We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.

You acknowledge that we’re not liable for any delay in dispatch of your order.

Delivery Timeframes

Delivery times will vary between orders – we’ll do our best to let
you know when to expect your delivery, however this is largely dependent
on the delivery service provider. As a guide, your orders should arrive
within 10 business days for domestic orders or 14-30days for international, unless advised otherwise.

Delivery Address

It’s your responsibility to make sure that your postal address
details are correct- we won’t be responsible for any incorrect or failed
delivery if you don’t supply current, accurate postal address details.
If your order is undelivered due to your error and returned to us, we
reserve the right to require you to pay further postage fees or
terminate this agreement and issue a refund in accordance with this
agreement.

Orders Lost in Transit

When we dispatch your order, we will give you a tracking code for you to track the progress of your order.

If you’re concerned that your order has been lost or mis-delivered, we
ask that you contact us as soon as possible, so that we can
investigate and rectify before the order has been sent out. You understand that while we’ll investigate your missing
order, we make no representations as to responsibility or liability for
any lost or mis-delivered order. In the event of items lost or damaged in
transit, you acknowledge that our liability is limited to the amount of
any compensation we are able to recover from the delivery service
provider, less our reasonable costs of investigating and applying for
any compensation, unless otherwise required by law. Liability for lost orders lies with the postage provider. 

Risk

Risk in each order passes to you on delivery to your nominated
address. You must sign for your delivery, unless you’ve given authority
to leave unattended. If you’ve authorised us or our agents to leave your
order unattended at that address, the order will be taken to have been
delivered on leaving the order at the address. If you ask us to deliver
to an address and you’re not there, but someone else at the address
signs for the parcel, the order will be taken to have been delivered on
leaving the order with that person.

If we accept a return of any goods, risk in those goods will revert
to us on our confirmation of receipt of the returned goods. We recommend
you insure goods you return to us against loss or damage in transit.

6. Events beyond control

As in life, sometimes circumstances beyond our control (strikes, endemics, pandemics,
floods, fires and extreme weather events, computer malfunctions, failure
of service providers to perform services or injury or illness of key
personnel) get in the way. If circumstances we can’t control affect our
ability to dispatch your order, you release us from any obligation to
dispatch your order while those circumstances continue.  While they
continue, we may choose to cancel your order, or otherwise to complete
your order once things have returned to normal. If we expect a major
delay, we’ll contact you to discuss a suitable solution.

7. Advice and information

We may give you advice, recommendations, information or assistance in
relation to products on our Website, their use or application. We give
that information to you in good faith, believing it’s accurate,
appropriate and reliable at the time but we don’t give any warranty of
accuracy, appropriateness or reliability. Information and advice we give
is general in nature and is not intended to constitute or substitute
for professional or medical advice. You should seek appropriate
professional or medical advice if necessary. We won’t accept any
liability or responsibility (including liability for negligence) for any
loss suffered because of your or any other person’s reliance on
information or advice we provide on our Website, unless otherwise
required by law.

8. Consumer Law

Our goods come with guarantees that cannot be excluded under Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
If you are an AU consumer for the purposes of the ACL, you are
entitled to replacement or refund for a major failure and compensation
for any other reasonably foreseeable loss or damage. You are also
entitled to have the goods repaired or replaced if the goods fail to be
of acceptable quality and the failure does not amount to a major
failure.

Nothing in these terms excludes any right, guarantee or warranty
you’re entitled to by law, however we do exclude all other guarantees,
conditions and warranties to the maximum extent permitted by law. We
also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

• replacement of the product;
• repair of the product;
• payment of the cost of having the product repaired; or
• such other fair and reasonable remedy as we are ready and willing to provide.

We won’t be liable for any consequential loss or damage or other
direct or indirect loss or damage, except where we are unable to limit
or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with us
(for example, if you purchase the product for re-sale with our
authorisation or if you are purchasing internationally), then we
exclude all liability to you and we’ll only refund an order placed if we
can’t fill it, if we think it’s reasonable to do so, or otherwise as
agreed in writing. Please choose carefully as we do not offer refunds
for change of mind.

To make an ACL-related claim, please contact us at info@lvluphealth.com.au

9. Refund Procedure

If your goods are damaged or defective in any way on delivery, please
contact us at info@lvluphealth.com.au as soon as possible to arrange a
suitable remedy, such as return, exchange or refund.Please note that you
are required to inform us of any fault with the goods in the period
from delivery until the fault or problem would reasonably be expected to
appear. Based on the nature of our products, we estimate this period to
be approximately two days.

10. Intellectual property

You acknowledge and agree that all intellectual property rights owned
by us or to which we are entitled before and after this agreement will
remain our sole property and that nothing in this agreement transfers
any ownership in our intellectual property rights to you.

11. Dispute resolution

If a dispute arises out of these conditions or if you are unhappy
with your product for any reason, we ask that you contact us in the
first instance and we will do our best to resolve the issue to our
mutual satisfaction quickly, cheaply and efficiently. If we’re not able
to resolve it within thirty (30) days, then please file a dispute for mediation in a legal setting, at the cost of the one making the dispute. If the dispute still isn’t resolved within thirty(30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Court or
Tribunal until we’ve complied with this clause (unless of course we’re
seeking interlocutory relief).

12. Variation

We can change these conditions at any time by updating this document
and giving notice to you by posting a copy on the Website. The changes
will take effect immediately on their being posted.

13. Severance

If any part of these conditions is found to be void or unenforceable
by a Court of competent jurisdiction, that part will be severed, and the
rest of the agreement will remain in force.

14. Termination

We may terminate this agreement at any time on notice to you. All
disclaimers and limitations of liability will survive termination. On
giving such notice, we’ll refund any amounts paid by you in respect of
undelivered goods. 

This document was last updated: 11/06/2021