TERMS & CONDITIONS

Living Well ZA (“We” or “Living Well ZA”) is the operator of the website located at www.livingwellza.com.au (the “Website”).  This Agreement governs your use of the Website and your purchase of any products from Living Well ZA (the “Products”).  

The Website and Products are offered subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”).  These Terms constitute a legally binding agreement between you and Living Well ZA, and you should read them carefully. By agreeing to these Terms, you also agree to the Living Well ZA Privacy Policy, Online Return Policy and Shipping Policy, each of which is expressly incorporated by reference herein. 

User Obligations:

By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Living Well ZA through the Website.  You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Living Well ZA reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Living Well ZA from time to time.  You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access).  You shall immediately notify Living Well ZA if you suspect or become aware of any loss, theft, or unauthorized use of your password. 

User Account:

You must register as a member on the Website in order to shop, to use some services and to enjoy special promotions and activities.

For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, We reserve the right to suspend accounts without further notice.

In accordance with Customs regulations, customers must provide valid and accurate data. All consignee names, address and payers name should be valid. In certain countries the consignee may have to submit their ID or passport to clear the package or for payment verification purposes. Customers are solely responsible for the accuracy of data that they provide on the Website. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, Living Well ZA will not be held responsible and will not offer any compensation in such cases.

Living Well ZA will always comply with the law, and We kindly remind users to do the same. As importers the customers are responsible to comply with all laws and regulations in their own countries.

Ordering:

Whilst all efforts are made to ensure the accuracy of product descriptions, specifications and pricing there may be occasions where errors arise. Should such a situation occur Living Well ZA will not accept your order. In the event of a mistake, you will be contacted with a full explanation and a corrected offer. Likewise, customers cannot benefit from any bugs or mistakes affecting the website. Any such benefits will be considered unjust and customers will be obliged to immediately waive them. The information displayed is considered as an invitation not as a confirmed offer for sale. The contract is confirmed upon the supply of goods.

Given the popularity and/or supply constraints of some of the products offered on the Website, Living Well ZA may have to limit the number of products available for purchase. Living Well ZA reserves the right to change quantities available for purchase at any time, even after you place an order.

Following order dispatch, transportation is the sole responsibility of a third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; therefore, all associated liability and risks during transportation shall be borne by the buyer.

Shipping and Delivery:

Shipping times displayed on the Website refer to the estimated dispatch time of the packages. Since the actual delivery of your order can be impacted by many events beyond Living Well ZA ‘s control We suggest that if customers have a special occasion or event that they wish to use their item for, such as a birthday, that they order their items well in advance. Living Well ZA cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth shopping experience. If the item is no longer in stock, a refund option will be offered to you.

There may be occasions when Living Well ZA confirms your order but subsequently learns that it cannot be supplied to you. In the event Living Well ZA cannot supply a product you ordered in a timely fashion, Living Well ZA will contact customers and offer to cancel the order and refund the purchase cost in full.

We try to make the delivery process as simple as possible and it is able to send your order either to your home or to your workplace. We can ship to PO Boxes via all shipping methods, except for expedited shipping methods, as signatures are required upon delivery. Express shipments of this type can only be delivered to physical addresses.

Shipping and delivery times are calculated in working days from Monday to Friday. In the case of major holidays such as Christmas, the Chinese Lunar New Year, the Black Friday please allow extra delivery time. During those special occasions, We will provide notices to reflect possible delays.

Customers are responsible for providing complete and accurate shipping addresses. Living Well ZA cannot make changes to your shipping address once a package has been shipped, and Living Well ZA is not liable for packages lost due to incomplete or inaccurate addresses.

Living Well ZA cannot be held responsible for any package that does not make it through the local customs and is destroyed due to the item being illegal in the destination country. Customers are solely responsible for complying with their local laws. Living Well ZA can neither be held responsible for any import tax that may occur and it is the customer’s sole responsibility to pay this fee, if any. Kindly note that the shipping guarantee does not cover any customs issues, including but not limited to, goods being destroyed or confiscated due to their illegal status in any given destination country.

Should the buyer refuse the package due to import duties or taxes, the buyer takes full liability for all the costs involved in the process.

All orders reported as “delivered” by shipping companies are considered delivered. Living Well ZA cannot be made liable of non-delivery in this case.

If the address to which the package is sent to and other contact information are the correct address and contact information as provided by the customer, Living Well ZA cannot be held liable if a package is returned.

Whatever the customer orders is what will be shipped. We cannot be held liable for the customer receiving the wrong item if they placed the wrong order.

All non-receipt of orders must be reported within 3 months from the date the item is shipped to you. This applies to flat-rate shipping, priority mail and standard shipping methods. All expedited delivery issues must also be reported within 3 months from the shipment date. After this time We will no longer be able to investigate and no compensation will be offered. Please note that this policy does not apply to packages sent via expedited shipping methods that are shown as delivered on the shipping company’s tracking website.

Exchange and Returns (Money Back Guarantee)

If when you receive your product(s), you are not completely satisfied you may return the items to us, within 30 days for a refund (“money back guarantee”). Returns will take approximately 7 working days for the process once the goods have arrived. The precise length depends on the payment provider used (e.g. PayPal, credit card company, etc). Items must be in their original packaging, all the original boxes must be intact and must include, along with all packaging materials, manuals, blank warranty cards and gifts, plus all accessories and documents provided by the manufacturer and Living Well ZA.

You must first contact us and be in receipt of a return merchandise authorization (RMA) number before sending any item back. Any product returned without an RMA number will not be refunded.

The money back guarantee does not cover volume/wholesale and customized orders.

Shipping back to Living Well ZA is paid for by the customer. We are in general unable to refund you postal fees.

For details please visit our Refund Policy

By default, the refund amount cannot exceed the original order amount paid to Living Well ZA. Living Well ZA is not responsible for and has no knowledge about any bank fees or exchange rate charges that may occur. These fees are processed by the issuing bank and will not be refunded by Living Well ZA.

Non-Returnable:

Discounted or end-of-line products can only be returned for repair. No refunds or replacements will be made.

 CANCELLATION:

The Company reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and whether or not your credit card, Gift Card (as defined below) or PayPal or Apple Pay account has been charged. In the event that your order is cancelled after your payment has been processed, the Company will issue a full refund.

In particular, and without limiting the generality of the foregoing, the Company may refuse to accept any order for any reason, including if fraudulent activity is suspected. The Company may refuse to process subsequent orders from customers with a previous fraudulent order history. The Company may also refuse any orders connected with a previous credit card dispute.

The Company may also require additional verifications or information before accepting any order. The Company will contact you if all or any portion of your order is rejected after your order has been placed or if additional information is required to accept your order.

Product Descriptions:

While we try in good faith to be as accurate as possible, we do not warrant that product descriptions or other content is accurate, complete, reliable, or error free. From time to time there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. If a key product specification is changed after you place an order or within seven days of delivery, you can cancel and return the order for a full refund.

Prices:

Prices and availability of items are subject to change without notice. The prices do not include V.A.T, import tax and duties, should your package become examined and deemed taxable by your local customs. Payment of these is the responsibility of the buyer.

Privacy Notice:

Note: Newsletter subscription on the registration page checked by default. Living Well ZA 

respects customer privacy. Please read about our privacy policy

CONSENT TO USE ELECTRONIC DOCUMENTS:

You hereby consent to the exchange of information and documents between you and the Company over the Internet or by e-mail, and you agree that the Terms, together with any applicable Order Confirmation(s) accepted by the Company in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.

OWNERSHIP, RISK OF LOSS:

All Product(s) purchased from the Living Well ZA are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by Living Well ZA of the Product(s) to the third-party delivery company.

Website Ownership and Content:

The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Living Well ZA, its licensors, licensees or other third parties (collectively the “Content”).  The Website and the Content are owned, licensed, or controlled by Living Well ZA, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Living Well ZA, its licensors, or certain other third parties and are protected by Australia and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible.   By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website.  Subject to your agreement and compliance with this Agreement, Living Well ZA grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only.  You agree that Living Well ZA may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.  

Links to Third Party Websites:

The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties.  The inclusion of any link on the Website does not imply our endorsement of it, and Living Well ZA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.

Miscellaneous:

This Agreement constitutes the entire agreement between you and Living Well ZA and supersedes any prior version of this Agreement and Living Well ZA.  If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.

CONTACT US BY E-MAIL:

support@livingwellza.com.au