Definitions

• “Goods” are items in an order, and include packaging and services

• “Order” is an order by you to purchase goods from Organic Baobab

 

1.    THE AGREEMENT

An agreement exists once Organic Baobab accepts an Order from you which occurs when your order and payment is accepted.

The Customer agrees that the following terms and conditions of sale have been read and understood and redeemed to be incorporated in every contract for the supply of goods between Organic Baobab and the Customer.

These terms and conditions of sale shall apply to the exclusion of all others, including any terms and conditions of the customer, with the exception of any terms and conditions necessarily implied by statute.

2.    PRIVACY

Our privacy policy, which sets out how we use your personal information can be found at Privacy Policy.

3.    INTELLECTUAL PROPERTY RIGHTS

Other than the content you own, under these Terms, Organic Baobab and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.

4.    RESTRICTIONS

You are specifically restricted from all of the following:

a)    Publishing any Website material in any other media;

b)    Selling, sub-licensing and/or otherwise commercialising any Website material;

c)    Publicly performing and/or showing any Website material;

d)    Using this Website in any way that is or may be damaging to this Website;

e)    Using this Website in any way that impacts user access to this Website;

f)     Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

g)    Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;

h)    Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Organic Baobab may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

4.    YOUR CONTENT

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Organic Baobab a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. Organic Baobab reserves the right to remove any of Your Content from this Website at any time without notice.

4.    PRODUCT INFORMATION

Product information, dietary information, photos and pack sizes are all for illustrative purposes and general advice only. From time to time packaging, dietary classifications and ingredients vary and we may not always be as up to date as we would like to be, so please always check the details on the packaging before using. This is especially important if there is a possibility of an allergic reaction.

5.    ORDERS & DELIVERY

Organic Baobab will deliver the Goods to you at the Delivery Address within the time frame stipulated at time of purchase.

Delivery address is the address where the goods are to be delivered as stated on the order.

As we cannot anticipate or control the conditions under which the goods we sell will be used, Organic Baobab and its associated entities cannot be responsible for damages of any nature resulting from the use and/or reliance on the delivery of our goods. No expressed or implied warranties are given other than those implied mandatorily by Commonwealth, State or Territory legislation.

No Goods will be supplied by Organic Baobab on any terms or conditions other than those set out herein and by taking delivery of goods the Customer is deemed to be bound by these terms and conditions.

Any times quoted for delivery of goods are estimates only and Organic Baobab is not subject to any liability whatsoever for failure to deliver or for delay in delivery arising from any cause whatsoever. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery or dispatch. Organic Baobab reserves the right to deliver in instalments and each such instalment is deemed to be sold under a separate contract. Failure to deliver any instalment does not entitle the Customer to repudiate, rescind or terminate the contract.

All Goods must be checked on delivery. The Customer is deemed to have accepted any Goods delivered as being in conformity with the Customer’s order and merchantable quality unless the Customer notifies Organic Baobab in writing within 48 hours of delivery. For a credit note to be issued by Organic Baobab against damaged goods, proof will be required. Returning the damaged product or providing photos of the damaged product to Organic Baobab is deemed as sufficient proof.

Organic Baobab assumes no responsibility or liability for any loss or damage occurring by reason of delay or inability to deliver as a result of fire, strikes, accidents, war, embargoes, accidents, riot, or from any other cause which is unavoidable or beyond our reasonable control and if delays from such causes do occur our delivery period shall be correspondingly extended.

6.    PRICING 

All prices and terms quoted by Organic Baobab are based on the cost prevailing at the date of quotation; such prices are subject to change due to seasonal and market variations. However, the price listed on the website is the price that you will be charged at the time of ordering. If an item becomes out of stock prior to delivery we will contact you by email or phone to let you know and will recommend an alternative where available or issue you with a full refund upon request.

7.    PAYMENT

Full payment is to be made within the agreed payment terms as indicated on the invoice.

A statement stating the sum due and owing by the Customer to Organic Baobab at the date specified in the statement is prima facie evidence that the sum is due and owing at that date.

8.    IMPLIED TERMS AND LIABILITY

Organic Baobab will use reasonable care and skill in providing the Organic Baobab online website for your use.

Organic Baobab acknowledges that, under applicable State, Territory and Commonwealth laws, certain conditions and warranties maybe implied in the contract between Organic Baobab and the customer and rights and remedies conferred upon the customer and other parties in relation to goods which cannot be excluded, restricted or modified by agreement (“Non excludable rights”). The limitations below are subject to those Non Excludable Rights;

Subject to the above, Organic Baobab disclaims all conditions and warranties expressed or implied, and rights and remedies conferred on the customer or other parties, by statue the common law, equity, trade, custom or usage or otherwise howsoever and all such conditions and warranties and such rights and remedies are hereby expressly excluded other than any Non excludable Rights

Organic Baobab’s liability is expressly limited to a liability to pay to the customer an amount equal to:

1)  The cost of replacing the goods;

2)  The cost of obtaining equivalent goods; or

3)  The cost of having the goods repaired, where repair, such as re processing is an option, whichever is the lowest amount

Where so permitted the liability of Organic Baobab for a breach of a Non excludable Right is limited, at Organic Baobab’s option, in the case of goods, to the replacement or repair of the goods or the supply of equivalent goods or the cost of replacing or repairing the goods or of acquiring equivalent goods.

9.    INDIRECT LOSS

In no event shall Organic Baobab be liable (whether before or after discharge of the contract or otherwise) for any loss or damage to the customer howsoever arising including any loss or damage arising from or caused or contributed to by negligence by Organic Baobab, its servants or agents, nor shall Organic Baobab be liable for special, incidental, indirect or consequential, or economic loss or damage suffered by the customer as a result of a breach by Organic Baobab of its obligations or otherwise including but not limited to economic or moral loss, loss of profits or revenue or costs arising from such breach.

10.    INDEMNITY

The Customer shall indemnify and keep indemnified and hold Organic Baobab harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by Organic Baobab, and from and against all actions, proceedings, claims or demands made against Organic Baobab, arising from one or more of the following:

a)    As a result of the customer’s failure to comply with an laws, rules, standards or regulations applicable in relation to the goods or the use of the goods;

b)    As a result of any other negligence, breach of contract or other breach of duty by the customer

c)    As a result of Organic Baobab adhering to instructions that the customer has given Organic Baobab about the goods.

11.    RETURNS

Returned Goods will not be accepted by Organic Baobab without Organic Baobab’s prior authorisation. Please refer to our Returns Policy for further information.

12.    TERMINATION

Organic Baobab may terminate or suspend this Agreement at any time by delivering notice advising you that your shopping privileges have been removed. Termination of this Agreement is effective the day the notice is received, or such later date as specified in the notice.

13.    GOVERNING LAW AND JURISDICTION

These Terms will be governed by and interpreted in accordance with the laws of Australia and the State of Victoria, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Victoria for the resolution of any disputes.

14.    VARIATION OF TERMS

Organic Baobab is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.