Terms and Conditions

TERMS AND CONDITIONS

1. TERMS AND CONDITIONS OF USE

This site www.ntphealthproducts.com ('website') is owned and operated by Goroncy Pty Limited, T/as NTP Health Products, ABN 44 001 654 771 ('NTP Health Products'). Your access to the website is conditional upon your acceptance and compliance with the terms and conditions contained in this document, the Privacy Statement and any other notices, disclaimers, terms and conditions or statements contained on this website (known collectively as 'Conditions of Use').

2. ACCEPTANCE OF CONDITIONS OF USE

By accessing, viewing or otherwise using this website, including purchasing goods or services through the website, you acknowledge and agree to be bound by these Conditions of Use. If you do not agree with any of the Conditions of Use, do not use this website.

NTP Health Products reserves the right to amend the Conditions of Use at any time with or without notice to you. The amended terms of Conditions of Use will be effective immediately. Continued use of the site following any change to these Conditions of Use will be deemed acceptance of those changes.

3. RESTRICTIONS OF USE

You must not use this website in any manner or for any purpose which is:

a) unlawful or in any manner which violates any right of NTP Health Products or third party ; or

b) is prohibited by the Conditions of Use.

4. ORDERING PROCEDURE

4.1 General Ordering Procedures

You may offer to purchase goods or services described on this website for the price specified on this website.

Your order must contain your name, email address, credit card details and any other ordering information specified on this website.

We give no undertaking as to the availability of products listed or advertised on this website.

Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase.

You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.

If we do not accept your offer to purchase the goods or services for any reason (for example, if the product is unavailable), neither of us will be under any further liability to the other arising out of your original offer or our non acceptance of that offer. We are not required to give reasons for rejecting your offer to purchase. If we have not responded to you within seven days, your offer will be deemed to be rejected.

Delivery of the goods or supply of the services to you will be effected in the manner described on this website or by a means as seen fit by NTP Health Products. We will endeavour to deliver the goods within the time periods described on this website, but accept no liability for failure to do so.

Payment must be effected in the manner described on the website. All prices are in Australian dollars. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.

The goods and services are offered for sale only to persons who can make legally binding contracts for the purchase of the goods or services offered.

4.2 Special Offers and/or Promotions

i) NTP Health Products may offer consumers the opportunity to purchase products by way of a Special Offer or Promotion (“Offer/s”) through our website, for example at a reduced price, increased quantity, or other similar offer. All such offers apply to a single product and may be used only once UNLESS OTHERWISE SPECIFIED. All offers expire 6 months from the date of initial publication UNLESS OTHERWISE SPECIFIED.

ii) Discounts offered to retail customers are not transferable to wholesale customers unless indicated. If discounts are applicable to wholesale accounts, the price will be adjusted accordingly. If you require clarification, please email us.

4.3 Marketing items

Marketing items are listed as free of charge, but NTP reserves the right to charge for these items at any time without notice. Limited items are available.

4.4 Coupon Codes

Submitted COUPON CODES will be accepted and applied at our discretion. They are not intended or permitted to be applied to already discounted products without our express prior approval. A coupon code may be accepted at our checkout but rejected upon processing at our discretion. You may be notified by phone or email if this occurs.

4.5 Free Postage Offers

Occasionally we may offer Free Postage as part of a promotional or reward campaign. Any Free Postage Offer is restricted to delivery within Australia only, and may be subject to other criteria - please email us if you have questions.

5. CANCELLATION DUE TO ERROR

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a credit to your credit card account for the amount in question at our earliest opportunity.

6. CHANGED YOUR MIND

If you have changed your mind about your purchase, we MAY decide to refund you under the following conditions:

i) You have clear proof of purchase (typically a receipt);

ii) The product/s and packaging is in its original condition including manuals and accessories;

iii) The item is in re-saleable condition, for example, it still in its original, unopened packaging, with original tags and labels, and has not been tampered with or used in any way;

iv) the items are returned within 30 days of purchase (refer to Section 20)

Furthermore, postage and/or freight costs of the returned item/s will be at the cost of the customer, NTP Health Products will accept no responsibility for lost or damaged items. Any items damaged in transit will be the responsibility of the purchaser.

PLEASE NOTE: Food items CANNOT be returned or refunded if you have changed your mind.

This section is to be read in conjunction with Section 20 (RETURNS POLICY) of the NTP Health Products Terms and Conditions.

Please return the product and proof of purchase to NTP Health Products at P. O. Box 34, Tea Gardens NSW 2324.

PLEASE NOTE that no refund can be provided without proof of purchase OR if any returned item is in an unsaleable condition.

7. COPYRIGHT

Unless expressly indicated to the contrary, NTP Health Products or its licensors own all copyright in all texts, graphics and layouts ('Material') on this website. Except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you must not copy, modify, transmit or distribute any Material on this website. You acknowledge that you do not acquire any ownership rights by downloading Material from this website.

8. REPRODUCTION

You may reproduce in whole or in part the Material only if:

a) the reproduction is not for public or commercial purposes; and

b) you do not remove or modify any notices of attribution of copyright or, if there are no such notices, you clearly attribute NTP Health Products as the copyright owner or licensee of the work.

Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right under any NTP Health Products copyright.

9. LINKS TO OTHER WEBSITES

From time to time, this website may contain links to web sites operated by third parties. NTP Health Products does not approve, endorse or sponsor any content or Material on third party websites. NTP Health Products is not responsible for and disclaims any liability arising in connection with the contents of any linked web site nor any hyperlink contained in the linked web site.

10. DISCLAIMER

The Material on this website is intended to provide general information only and may not be accurate or current. Material is provided on an 'as is' and 'as available' basis. NTP Health Products does not warrant or make any representations concerning the completeness, timelines, suitability or accuracy of any Material on this website including, without limitation, the prices of products or services, contained on or accessible through this website, or that access to this website will be uninterrupted, timely or secure. To the maximum extent permitted by law, in no event shall NTP Health Products be liable for any damage of any kind related to the completeness, timeliness, suitability or accuracy of any Material. The use of the website and content is at your own risk.

We make no warranty that goods or services acquired from us over this website will meet your requirements.

Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.

The Material is not intended for diagnosing, prescribing or for the treatment of any disease. If you require diagnosing, prescribing or treatment of any disease, you are advised to consult your doctor or a health care professional.

The Material on this web site is provided for product informational purposes only and is not intended as medical advice. In providing this information NTP Health Products in no way accepts liability for your decision to purchase any products, nor do we accept responsibility for your use or misuse of such products. Please refer to Section 11 (Limitation of Liability) section below.

This website may contain hypertext links, frames or other references to websites operated by third parties. We cannot control the contents of third party websites, and make no warranty about the completeness, timeliness, suitability or accuracy or subject matter of the Material located on third party websites. We do not approve of, endorse, or sponsor any content or Material on third party websites.

We make no warranties or representations that use of Material on third party websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

We are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on third party websites by linking to such Material or allowing such Material to link to this website.

11. LIMITATION OF LIABILITY

11.1. To the maximum extent permitted by law, and except as otherwise stipulated in these Conditions of Use, NTP Health Products will not accept liability to you for damages for loss of earnings or loss of profit, or for any indirect, special, or consequential loss or damage which may be suffered or incurred by you or which may arise directly or indirectly including in respect of:

a) the accessing, downloading, using or relying on any Material on this website or any material on a third party website;

b) personal injury (including sickness and death);

c) goods or services supplied pursuant to an order placed on this website; or

d) any failure or omission on our part to comply with our obligations as set out in these Conditions of Use,

whether caused by negligence of NTP Health Products or otherwise.

11.2. The liability of NTP Health Products for a breach of a condition or warranty implied by law and to which cannot be excluded, is limited, to the extent possible, at NTP Health Products option to:

a) the supply of the goods or services again; or

b) the repair of the goods; or

c) the payment of the cost of having the goods or services supplied again or repaired.

12. SHIPPING

12.1. Any and all items purchased from this shopping cart or from NTP Health Product may attract custom duties and/or other fees in transit/upon reaching the final delivery address in that country of destination. Any taxes, duties or other fees imposed in the destination country will be the responsibility of the purchaser. Delays in shipping and/or receiving the purchased goods due to formalities in that country or due to unpaid duties, fees etc will NOT be the responsibility of NTP Health Products.

12.2. A request for Express Post delivery may be considered by arrangement, on the understanding that we accept no responsibility for any breakage, leakage or other damage that may occur during transit or on delivery; nor can we guarantee delivery will occur within the timeframe as described by the postal service.

12.3. Due to ongoing incidents of theft and fraud, we are unable to allow special instructions for delivery (including but not limited to "Please leave at door if nobody home"). Accordingly, ALL parcels MUST be signed for.

12.4. Please refer to our Shipping and Payments page for additional information. The information in this section also form part of our Terms and Conditions.

13. VIRUS WARNING

NTP Health Products does not represent or warrant that any files or other Material obtained from or through this website are free from computer viruses or other defects, including trojan hoses and worms. Any such files are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.

14. INDEMNITY

You agree to defend, indemnify and hold NTP Health Products, its directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of these Conditions of Use by you, or (to the extent permitted by law) in connection with your use of this website or the placement or transmission of any Material on this website by you.

15. SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

16. TERMINATION

NTP Health Products may, in its sole discretion, terminate or suspend your access to all or part of this website for any reason at any time without notice. In the event of termination, you are no longer authorised to access the website. All restrictions imposed by you, disclaimers and limitations or liability set out in the Conditions of Use will survive termination.

17. GOVERNING LAW

The Conditions of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

18. SEVERABILITY

If any provision of the Conditions of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Conditions of Use which will continue in full force and effect.

19. CONSENT

You consent to NTP Health Products using and disclosing your personal information for the purpose of contacting you, including but not limited to by telephone, email, SMS and MMS, for the purpose of offering you products and services or for other marketing purposes. Such consent is provided for an indefinite period, and may only be revoked by you contacting NTP Health Products and informing it that you no longer wish to receive such communications. NTP Health Products will not sell or provide your contact details to any other person/organisation except where such disclosure is necessary or required as we deem appropriate. Please refer to our Privacy Statement.

20. RETURNS POLICY

BEFORE READING THIS POLICY, please be sure that your product was purchased directly from us at NTP Health Products, and not from one of the many businesses around Australia that we distribute to. If you have purchased from a store (such as a health food store, gift store, pharmacy or similar) OR ANOTHER COMPANY'S WEBSITE, please contact them to discuss your issue.

20.1. Your rights under Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonable foreseeable loss or damage. You are also entitle 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.

20.2. Returning Products to Us

ALL claims must be made within 5 days of receipt of delivery. Notification of the claim MUST be made to NTP Health Products. This can be done by contacting us on 02 4997 2530 or our tollfree number from landlines only 1800 22 55 00 (Australia only) or 02 4997 2530.

Products have a conditional 30 day money back guarantee.

For a full refund:

- on faulty goods, products are to be returned within 30 days of purchase. All returns must be accompanied by proof of purchase.

- if you've simply changed your mind or have made a wrong decision, goods are to be returned in their original and re-saleable condition (i.e. unopened and unused) within 30 days of purchase (Refer to Section 6).

Goods or Services will not be accepted for refund outside the 30 day period. All refunds will be credited by way of initial payment type (e.g. credit card) and refunds will be for the cost of goods only. Refunds for delivery expense will be offered should the product be faulty and you do not want the goods to be replaced. Any products that are not faulty and have been returned opened or used will be returned to the customer at their expense.

Products (except food items) can be returned after an authorisation has been given. Returning products to NTP Health Products is free within Australia.

To obtain a return authorisation or if you have any questions regarding this policy please call 02 4997 2530 or our tollfree number from landlines only 1800 22 55 00.

This guarantee is in addition to your statutory rights. Subject to change.

20.3 Returning Food

Food items cannot be returned unless specified.