Terms & Conditions

1. Supply of goods and services: These terms and conditions (“terms”) apply to the sale of goods and provision of services by Nick Dale Natural Health (“NDNH”). By ordering goods or accepting services, the customer accepts these terms

2. Warranty: NDNH warrants that the goods or services supplied by NDNH will: (a) Correspond with the description of such goods or services given by NDNH; (b) Be of merchantable quality; (c) Be reasonably fit for their intended purpose as made known by the customer to NDNH; (d) Be rendered with due care and skill,

3. Customer acknowledgement: The customer acknowledges that in accepting the goods or service provided by NDHC: (a) Nick Dale is a naturopath and not a doctor or qualified medical practitioner; (b) Before taking any supplements or medicines or following any advice the customer must check with the customer’s doctor to ensure that there will be no any adverse effects; (c) It is the customer’s responsibility to check that taking any supplements or medicines or following any advice will not have any adverse affects; (d) There may be adverse affects where there the customer has a medical condition or allergy or is taking other medication. (e) NDHC cannot guarantee that the medicines or supplements or advice will achieve the results claimed by NDHC or expected by the customer.

4. Exclusion of warranties: The above warranties are the only warranties given by NDNH and to the fullest extent permitted by law, all implied conditions or warranties are hereby excluded. Without limiting the above, NDNH gives no warranty and makes no representation regarding the results intended to be achieved by the supply of the goods or services. All warranties and conditions implied under sale of goods legislation or international laws (including Sale of Goods Acts of each State and Territory of Australia and the International Convention for the Sale of Goods) are excluded.

5. Remedies: NDNH’s liability and the customer’s remedy for breach of any express warranty or other term on which the goods or services are supplied, or any warranty or right implied or conferred by law which cannot be excluded, is limited to, at NDNH’s option, one or more of:

In the case of any goods: (a) replacement of the goods or supply of equivalent goods; (b) repair of the goods; (c) payment of the cost of replacing the goods or acquiring equivalent goods; or (d) payment of the cost of repairing the goods.

In the case of any services: (a) supplying the services again; or (b) payment of the cost of having the services supplied again.

6. Exclusion of liability: Except as provided in clause 5 above, NDNH will be under no liability to the customer (whether for breach of contract, negligence or otherwise) and liability is excluded in respect of any personal injury, illness, loss or damage which may be suffered or incurred by the customer or which may arise directly or indirectly in respect of the supply or use of any of the goods or provision of the services by NDNH or in respect of a failure or omission on the part of NDNH to comply with its obligations under these terms. Without limiting the above, NDHC will be under no liability to the customer (whether for breach of contract, negligence or otherwise) and liability is excluded in respect of any personal injury, illness, loss or damage suffered by reason of the supply of medicines or supplements where the customer suffers from a medical condition or allergy or is taking other medication or undergoing treatment.

7. Compliance with laws: It is the responsibility of the customer to ensure that the supply and use of any goods or services in the customer’s jurisdiction does not contravene any laws or regulations in that jurisdiction. NDHC will be under no liability to the customer (whether for breach of contract, negligence or otherwise) and liability is excluded in respect of any loss or damage suffered by the customer by reason of any contravention of any laws or regulations in the jurisdiction where the goods or services are supplied. The customer will indemnify and keep HDNH indemnified against any loss or damage (including legal costs) incurred as a result of any claim against NDNH in which it is alleged that the supply and use of goods or services in the customer’s jurisdiction contravenes any laws or regulations in that jurisdiction.

8. Severability: If any term or part of a term of these terms is invalid or unenforceable, that term or part must be treated as deleted from this deed, without affecting the remaining terms.

9. Governing law and jurisdiction: These terms are governed by the laws of Western Australia and the parties submit to the exclusive jurisdiction of the courts of Western Australia.

10. Amendment: These terms may be amended from time to time by NDNH. Any amendments will be posted on NDNH’s website and will be effective form the date on which they are so posted.