Terms and Conditions

This Terms of Use agreement sets forth the agreement between supplementwholesalers.com.au and each user governing the use by you of this site. 

The information on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. 

Please read the following Terms and Conditions carefully before placing your Order with Supplement Wholesalers. These Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. 

If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre on (02) 9632 5430 or email us and a representative will be happy to assist you.

• Definitions
• General
• Intellectual Property
• Conditions for Ordering
• Use of information and Products
• Availability of Goods
• Price & Payment
• Delivery
• Right of cancellation and returns policy
• Dispute resolution
• Disclaimer
• Limitation of liability
• Linked Websites
• Termination

Definitions

In this Agreement, unless the context indicates otherwise:
"Agreement" means the agreement constituted by the terms set out in this document between you and us, and includes any variation to this Agreement. 
"Associates" has the meaning given in the Corporations Act 2001 (Cth).
"Business Days" means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
"Consequential Loss" includes, without limitation: loss of profits; loss of revenue; loss of data; lost production; loss of business; loss of the benefit of any contract or other agreement or arrangement; losses which do not arise naturally from a breach of contract in the usual course; death or personal injury; damage to health; damage to reputation; legal costs.
"Delivery Address" means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
"Goods" means the items offered for sale, described or displayed on the Website.
"GST" has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Law" means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
"Order" means a request by you to purchase Goods from Supplement Wholesalers in accordance with these Terms and Conditions.
"Personal Information" has the meaning as defined under the Privacy Act 1988 (Cth).
"Price" means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
"Products" are any goods offered for sale on the Website, or supplied or promoted by us.
"You" and "your" are references to either a user of the Website or a purchaser or prospective purchaser of the Products.
"Terms and Conditions" means these terms and conditions, as amended from time to time.
"Website Terms" means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.

"We", "us" and "our" are references to Supplement Wholesalers Pty Ltd and any Associates of those companies, and each of them severally. 
"Website" means the Supplement Wholesalers website at www.supplementwarehouse.com.au.

General

We accept no liability for any failure to properly comply with the terms and condition of this Agreement.
Any provision of this Agreement which is illegal, void or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in another jurisdiction. 
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion. 

Supplement Wholesalers reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Supplement Wholesalers with respect to that Order. 

A failure or delay by Supplement Wholesalers to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Supplement Wholesalers does not prelude its future exercise or the exercise of any power or right.

Intellectual Property

Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you must not:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; orcommercialise any information obtained from any part of the Website, or any Products. 

Copyright and other intellectual property rights in some of the Website content is owned by and will remain the sole property of third party content providers, including owners of Linked Websites. In relation to the intellectual property of another content provider, you may:-
not copy, modify, publish, transmit , transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of it, in whole or in part; download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in that material; and not store electronically any significant portion of any Website content.

Conditions for Ordering

You may place an Order through the Website by submitting the electronic Order form on the Website. 

An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order. 

You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply as set out on the Website from time to time 

In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Supplement Wholesalers will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. You also agree to obtain consent to provide Supplement Wholesalers any personal details for nominated recipients of gifts. 

You may Order from Supplement Wholesalers if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted. 

When we accept an Order, it represents an agreement by Supplement Wholesalers to supply you the Goods in accordance with the Order and these Terms and Conditions. 

OUT OF STOCKS AND SUBSTITUTION

Supplement Wholesalers doesn't provide rainchecks on Goods ordered by you. Supplement Wholesalers will select for you (unless you advise us otherwise via your account or at the time of order) a substitution for Goods that are out of stock. Supplement Wholesalers will try to ensure that all Goods you order (and any agreed substitutes) are supplied. Supplement Wholesalers can limit sales to reasonable or normal household quantities. 

Supplement Wholesalers reserves the right to accept or reject your Order for any reason at any time. In the event that we reject an Order we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Supplement Wholesalers will not be liable to you for your loss or that of any third party for the rejection of an Order. 

Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavors to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Supplement Wholesalers is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund. 

If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order and we will notify you of that rejection via phone or email within five (5) Business Days after the placement of the Order. Supplement Wholesalers will not be liable to you for your loss or that of any third party for the rejection of an Order. 

Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made. You must check your shopping card carefully prior to submitting your Order with us. For terms regarding cancellations or returns of Orders, see the "Order cancellation and returns" section of these Terms and Conditions. 

You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre in regards to your Order. 

All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. To ensure your online safety we may require additional verifications or information before accepting any order. If this does occur please see it as an indication of our commitment to serve you in the best manner possible. 

The purchaser is responsible for inspecting ordered items for fault and notifying Supplement Wholesalers within 3 working days of receiving the goods should there be a fault.

Use of information and Products

All information provided by us on the Website or on or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.
We do not make any representations or warranties that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to the Website will be uninterrupted, timely or secure.
Except for losses attributable to breaches of the consumer guarantees contained in the ACL, we are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or any Products. Your use of information provided on the Website, and any Products, is entirely at your own risk.
You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Website. In addition, you may not commercialise any Products, or any information or materials downloaded from the Website. 

All the informations or Nutritional Facts listed on the website are supplied as a courtesy to our customers. The nutritional fact were current and accurate to the best of our knowledge at the time they were entered. Manufacturers often change formulas of ingredient without notifying us. We do our best to keep them as up to date as possible, however Supplement Wholesalers will not be held responsible for any differences between what is listed on our web site and what is listed on the product that you receive. 
If you need to be 100% certain of the ingredients currently being shipped, we recommend that you call or email our customer service department to check the shelf of current stock.

Availability of Goods

You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Supplement Wholesalers will use reasonable endeavours to either source the Goods, or contact you within five (5) Business Days to either arrange a full or partial refund, or change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you, or come to an alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the Price paid for the Goods. 
We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Supplement Wholesalers is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund. 

We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Supplement Wholesalers will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good. 

Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that Good within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Supplement Wholesalers is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund. 

Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error. If applicable, Supplement Wholesalers will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy. 

You acknowledge and agree that:
1. (a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
2. (b) you have read any corresponding written description of the Goods prior to submitting your Order;
3. (c) the colour of Goods as shown on the Website may vary slightly in shade in real life;
4. (d) where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and
5. (e) any accessory featured with the Goods is for illustration purposes only, and may be sold separately.

Price & Payment

PRICES SHOWN ON THE WEBSITE ARE ONLINE STORE ONLY. THEY MAY NOT APPLY TO IN-STORES. 

All prices stated on the Website are inclusive of GST. 

Supplement Wholesalers reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in apply). 

In respect of any Order, we will charge you and you agree to pay:
1. (a) the Price (which is the Price at the time the Order is submitted); and
2. (b) the Delivery Fee. 

You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card, Pay Pal. When paying by credit card, you authorise Supplement Wholesalers to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order. 

Layby is not available for purchases made on the Website. 

In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law. 

You will receive a tax Invoice by email once payment in respect of your Order has been processed.

Shipping

All shipments are sent through Australia Post and Express Post and postage times may vary based on government restrictions and other factors outside our control.

Please note that delays may occur due to extended COVID-19 restrictions, limited flights and high parcel volumes are effecting our stock deliverys from suppliers and our shipments to our customers. We appreciate your understanding with these issues that are out of our control and ask you to expect a slight delay if the COVID-19 restrictions are increased.

Our warehouse is located in NSW

Sending within NSW

Sending interstate from NSW

Delivery

Ownership and risk in the Products will pass to you from the moment they are posted by us. Products will be posted to the address stipulated in your order. You are responsible for ensuring that someone is present to accept delivery. We may post Products in instalments if not all of the Products you order are available at the same time for delivery. 

Supplement Wholesalers uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods. 

The delivery times provided by Supplement Wholesalers are estimates only. We aim to have all orders dispatched by the next day however we are not responsible for delays that may be incurred by any courier service we use. In the event that multiple items are ordered, part deliveries may be made where stock is not available. Our customer service representatives will do absolutely everything they can to contact you on the details provided. To ensure prompt delivery, please make sure you enter the correct delivery address. If you think you may not be home at the time of delivery it may be advantageous to use your place of employment instead of home. Supplement Wholesalers cannot be held responsible for incorrectly entered delivery addresses.
Customer to pay for postage before order is completed. Please call us when you place your order, or before checkout. 
From time to time, Supplement Wholesalers may not be able to achieve the delivery time frames. You acknowledge and agree that notwithstanding anything else in this clause:
1. (a) Supplement Wholesalers cannot guarantee that delivery will occur in the delivery time frames;
2. (b) delivery time frames may change from time to time due to unforeseen circumstances; and
3. (c) Supplement Wholesalers is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
Supplement Wholesalers will contact you if there will be a delay in delivery.

Standard delivery fee applies to all orders.
Any free delivery offer is subject to change at any time without prior notification to you. However, all Orders processed during a free delivery offer period will be processed in accordance with the offer.

There may be an increase in the Delivery Fee payable by you in relation to an Order if:
1. (a) your Order is split and requires multiple deliveries due to:
1. (i) the quantity or size of the Goods in your Order being large such that Supplement Wholesalers will be required to package Goods separately; or
2. (b) delivery of your Order otherwise incurs additional charges.
We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order. We will refund any money paid to us in respect of your Order and make reasonable endeavours to process a refund of any money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Supplement Wholesalers is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
We cannot guarantee that Orders that are split will be delivered on the same day. 

Delivery of Goods will take place at the Delivery Address specified by you during the Order process. 

If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own. Alternatively, you may provide authority to leave your order outside your delivery address in the comments section during the checkout process. By providing authority to leave, Supplement Wholesalers nor its delivery agents may be held liable for lost or damaged goods. 

On delivery, the Delivery Agent may require you or your nominated representative to provide them with proof of identity, such as photo identification or proof of age (for example, for deliveries involving Goods such as knives). Supplement Wholesalers may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age. Where delivery cannot take place due to insufficient identification, a calling card may be left for you to collect the Goods from a local Australia Post office, or the goods may be returned to us in which case you will be required to contact Supplement Wholesalers to arrange redelivery at your expense. It is your responsibility to follow the instructions stated on the calling card. 

You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fees for redelivery. 

If authority to leave your order outside your delivery address has not been provided and there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, the goods will be returned to Supplement Wholesalers. 6. (f) You agree to give us as much detail as possible about particular features of the Delivery Address to ensure delivery can take place in advance by calling our Customer Service Centre on 1800 725 660 after placing your Order. This includes, without limitation:
1. (a) Restricted access or parking for our truck;
2. (b) Restricted or limited access to the premises; or
3. (c) If you have narrow doors, spiral staircase or tight corners.
Where redelivery is required because access issues or limitations for making delivery, you may be required to pay any associated fees for redelivery.
4. (d) Upon delivery, you must inspect and test your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable on (02) 9632 5430 or email us at sales@supplementwarehouse.com.au. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre. You must let us know about any damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge.
5. (e) Orders cannot be delivered to a Supplement Wholesalers store for pickup.
6. (f) Insurance and express delivery is not available in respect of your Order, unless requested and paid for by you and such request is accepted by Supplement Wholesalers.

In relation to Big and Bulky Goods, you acknowledge that you will be available to accept delivery at this address on the delivery date as agreed between you and Supplement Wholesalers’s Delivery Agent. If you are not available and redelivery is required, you will need to arrange for such. Where redelivery is required due to the fact you were not available at the agreed time, you consent to paying any associated fees for redelivery as required by the Delivery Agent.

Some Big and Bulky Goods may require assembly. The delivery representatives are not required to unpack, assemble or construct items as part of the delivery service. Assembly of the Good is at your expense. 

Right of cancellation and returns policy

In some circumstances you may have a legal right to return Products, for example, where the ACL applies, pursuant to one of the consumer guarantees under the ACL.
We will not accept returns of Products, provide a refund, or exchange Products if you simply change your mind after ordering Products.
If you do have a right of cancellation, you must tell us you wish to cancel within seven days of receiving the Products.
The Products must be returned to us within 21 days of receiving them:-
in their original condition (both Products and packaging);
securely wrapped;
together with our delivery slip; and
at your own risk and cost.
When we have received the Products, we will credit your credit card or debit card with the purchase price of the Products no later than 30 days from the date the Products are received by us.

It is a condition of Visa, MasterCard, Maestro and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Supplement Wholesalers is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order. 

Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your order and shipping address are accurate before you submit it to us. 

Goods can only be returned under these Terms and Conditions. The Returns Policy forms a part of these Terms and Conditions.

Dispute resolution

The parties will use reasonable endeavours acting in good faith to resolve any dispute arising in connection with this Agreement ("Dispute") as soon as reasonably possible. If the parties cannot resolve a Dispute within fourteen (14) days a party may give notice to the other describing the Dispute and requiring its resolution under this clause, in which case the parties will refer the Dispute to mediation by a NSW Law Society approved mediator who is:- 
agreed by the parties, or
failing their agreement appointed by the President of the NSW (on the application of any party),
on the terms of the standard mediation agreement approved by the NSW and any information obtained solely under that reference may not be used for any purpose other than settling the Dispute under this clause.

If the Dispute is not resolved within twenty-one (21) days of its referral to mediation, a party may commence proceedings in any court of competent jurisdiction.
All proceedings under this clause will be held at the NSW offices unless the parties agree otherwise.
Each party must continue to perform their obligations under this Agreement despite the Dispute or any proceedings under this clause.
Except where urgent interim or preliminary relief from a court of competent jurisdiction is being sought, no party may commence proceedings in any court seeking resolution of the Dispute until the provisions of this clause have been complied with.
The parties agree that:-
a party’s failure to comply with the provisions of this clause may cause irreparable harm and/or substantial damage to the other party;
damages are an inadequate remedy for any breach or threatened breach of this clause; and
if a party fails to comply with that party’s obligations under this clause:-
the non-defaulting party may seek specific performance without proof of actual damage; and
neither the defaulting party nor any person under their control may claim that the breach should not be the subject of equitable relief.

Disclaimer

We do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:-
your use of this Website;
any Linked Websites; or
your use or reliance on information contained on or accessed through this Website.

Supplement Wholesalers is providing this site and its contents on an "as is" basis. Supplement Wholesalers and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. 
Supplement Wholesalers and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Supplement Wholesalers and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Supplement Wholesalers or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk. 

The products, information, services, information and advice on live chat and other content provided on and through this site, including without limitation any products, information, e-mails, facsimilies, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. 
It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional. 

You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. 

Unless otherwise indicated on this site, Supplement Wholesalers does not endorse or recommend any product or service offered, advertised or sold on or through this site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. Supplement Wholesalers is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. 
You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Supplement Wholesalers expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this site. 

Price and availability information on this site is subject to change without notice. 

Limitation of liability

Supplement Wholesalers and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability as a publisher of information, as a reseller of any products or services, for any defective products, for any incorrect or inaccurate information, for any unauthorized access to or disclosure of your transmissions or data, for statements or conduct of any third party on the site, or for any other matter relating to this site or any linked site. 
This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Supplement Wholesalers and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law. 

Notwithstanding the foregoing, the sole and entire maximum liability of Supplement Wholesalers and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Supplement Wholesalers on this site. 

You agree to indemnify, defend and hold harmless Supplement Wholesalers and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site. 

You agree to indemnify, defend and hold harmless Supplement Wholesalers and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of products purchased on this site which contain substances not compliant with Australian Anti Doping Agency (ASADA), or any other agencies related to a sport, workplace or profession. 

All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.

Mobile Terms - SMS Marketing

Supplement Wholesalers has an Opt in SMS marketing option to receive notifications about sales and promotional material. We respect your right to privacy. To see how we collect and use your personal information, please see our privacy policy here. You can opt out at anytime by replying to the SMS or you can email our customer service team online@supplementwholesalers.com.au and they can manually remove you from further notifications.

Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Supplement Wholesalers’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Supplement Wholesalers through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

 We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Linked Websites

The Website may contain links to third party websites ("Linked Websites"). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on Linked Websites.

We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure Links to particular items are not to be construed as endorsements by us of any views expressed, products or services offered on Linked Websites or of the organisations sponsoring the Linked Websites.
Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to our contained on Linked Websites, unless and to the extent expressly stipulated to the contrary.

Termination

Supplement Wholesalers reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:
1. (a) for convenience, at any time, upon provision of notice to you;
2. (b) immediately:
1. (i) if Supplement Wholesalers reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
2. (ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).