Policy
YOUR CONSUMER RIGHTS ARE PROTECTED
Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law (ACL). Your statutory consumer guarantees apply at all times.
KEY TERMS USED IN THIS DOCUMENT
Arabella International Arabella International Pty Ltd, ABN: 75 653 790 820
"you" / "Customer" The person placing an order on our website
"Products" Physical nutritional food products sold by Arabella International
"Website"www.ArabellaInt.com
"Order" A purchase of Products submitted through our Website
"ACL" Australian Consumer Law - Schedule 2 of the Competition and Consumer Act 2010 (Cth)
1. Acceptance of These Terms
These Terms and Conditions of Sale ("Terms") form a legally binding agreement between you and Arabella International Pty Ltd governing every purchase you make through our Website or any other sales channel operated by Arabella International.
By placing an Order, you confirm that you have read and understood these Terms and agree to be bound by them. If you do not agree, do not place an Order.
If you are placing an Order on behalf of a business or other legal entity, you confirm that you have authority to bind that entity to these Terms.
ACL
Your rights under the Australian Consumer Law apply in addition to — and are not limited by — these Terms. Where these Terms conflict with the ACL, the ACL prevails.
2. About Arabella International
Legal Name
Arabella International Pty Ltd
ABN
75 653 790 820
Address
PO Box 499, West Perth WA 6872
Email
info@arabellaInt.com
Website
www.ArabellaInt.com
Arabella International sells physical nutritional food products designed to support general health and wellness.
Our Products are food products. They are not therapeutic goods, medicines or medicinal products and are not subject to TGA regulation.
Product descriptions, images and specifications on our Website are provided for informational purposes. We make reasonable efforts to ensure accuracy, but minor variations in packaging, appearance or formulation may occur.
Any such variation does not constitute a defect unless it amounts to a failure to meet a consumer guarantee under the ACL.
We reserve the right to modify, discontinue or replace any Product at any time.
If a Product is discontinued after you have placed an Order, we will contact you to offer an alternative or a full refund.
An Order is placed when you:
Select your Products and proceed through checkout on our Website.
Provide accurate and complete delivery and payment details.
Submit your Order by clicking the final confirmation button.
Your Order constitutes an offer to purchase the Products on these Terms.
We will send you an order confirmation email acknowledging receipt of your Order. This acknowledgement is not acceptance of your Order.
A binding contract is formed when we dispatch your Products and send you a shipping confirmation email.
We reserve the right to decline any Order at our discretion. If payment has already been received for an Order we decline, we will provide a full refund.
You are responsible for ensuring all Order details, including delivery address, contact information and Product selection, are accurate and complete.
Arabella International is not responsible for failed or delayed delivery resulting from incorrect information provided by you, except to the extent required by law.
Unless otherwise stated, Product prices displayed on our Website are in United States Dollars (USD).
Shipping charges are displayed in United States Dollars (USD).
Where Australian Goods and Services Tax (GST) applies, it will be included, charged or accounted for in accordance with Australian law.
We reserve the right to change our prices at any time. Price changes will not affect Orders that have already been confirmed and dispatched.
Where an obvious pricing error occurs on our Website, we are not obligated to fulfil an Order at the incorrect price.
If a pricing error occurs, we will notify you and give you the option to proceed with the Order at the correct price or receive a full refund.
GST
Where applicable, a tax invoice including GST will be provided with your order confirmation or dispatch documentation.
If you require a separate tax invoice for business purposes, please contact:
info@arabellaInt.com
Payment is required in full at the time of placing your Order.
We accept the payment methods displayed at checkout, which may include PayPal and other approved payment methods.
All payment information is processed securely through our payment providers.
Arabella International does not store your full credit card or payment details.
If your payment is declined, your Order will not be processed. Please contact your financial institution or try an alternative payment method.
Cellivoo orders are available for delivery within the United States and Canada.
Current shipping charges are set out in our separate Shipping & Returns Policy and at checkout.
At the time these Terms were last updated, the standard shipping rates were:
United States and Canada: USD $9 per order.
The flat rate applies to every order, whatever its value.
Shipping rates, destinations and delivery arrangements may be updated from time to time. The current Shipping & Returns Policy and the information shown at checkout will apply to your Order.
Orders are posted from Western Australia. Estimated delivery times are:
United States and Canada: varies by carrier and by customs processing.
We do not deliver outside the United States and Canada.
Delivery times are estimates only and may vary because of carrier delays, customs delays, weather events, supply chain disruption or other circumstances outside our reasonable control.
International customers are responsible for ensuring that Cellivoo Products may lawfully be imported into their country.
Any customs duties, import taxes, tariffs or other charges imposed by the destination country are the responsibility of the Customer unless otherwise stated at checkout or required by law.
Title to the Products passes to you once full payment has been received.
Risk in the Products passes in accordance with applicable Australian law.
Nothing in this clause limits any rights or remedies available to you under the Australian Consumer Law.
7.4 Delivery Attempts and Undeliverable Parcels
You are responsible for providing a complete and accurate delivery address.
If a delivery attempt is unsuccessful, the carrier may leave a card, electronic notification or other delivery instruction where available.
If a parcel is returned to Arabella International because an incorrect address was supplied, the parcel was not collected, delivery was refused or another circumstance attributable to the Customer prevented delivery, additional delivery or return costs may apply.
Nothing in this clause limits any rights you may have under the ACL.
ACL
This section sets out your statutory rights. These rights cannot be excluded, restricted or modified by contract.
Under the Australian Consumer Law, goods we supply come with consumer guarantees that cannot be excluded.
Our Products are guaranteed to be:
of acceptable quality, including being safe, durable, free from defects and acceptable in appearance;
fit for purposes for which goods of that type are commonly supplied;
fit for any specific purpose you disclosed to us before purchase where applicable;
as described, including matching any relevant description, sample or demonstration model; and
supplied with clear title and free from undisclosed securities, charges or encumbrances.
If a Product fails to meet a consumer guarantee, your remedy will depend on the circumstances and whether the failure is major or minor under the Australian Consumer Law.
Major Failure
Where there is a major failure, you may be entitled to reject the Product and choose a refund or replacement, or keep the Product and seek compensation for any reduction in value, in accordance with the ACL.
A failure may be major where, for example, a Product is unsafe, significantly different from its description, substantially unfit for purpose or would not have been purchased by a reasonable consumer who was fully aware of the problem.
Minor Failure
Where a failure is not major, Arabella International is generally entitled to provide an appropriate remedy within a reasonable time in accordance with the ACL.
To make a consumer guarantee claim, contact:
info@arabellaInt.com
Please provide your order number, a description of the issue and, where relevant, photographs of the Product and packaging.
We aim to respond within 5 business days.
For more information about your rights under Australian Consumer Law, visit:
www.accc.gov.au
Your rights under Section 8 of these Terms always apply.
Our voluntary returns, refund and money-back guarantee policies operate in addition to, and do not limit, your statutory consumer rights.
Arabella International offers a voluntary 14-Day Money-Back Guarantee on eligible Products purchased directly from Arabella International.
To qualify for the 14-Day Money-Back Guarantee:
You must contact Arabella International within 14 days of the date your Order is delivered.
The Product must remain unopened and unused.
The Product must be returned in its original condition and packaging.
You must provide your name and Order number when requesting the return.
Once a bottle has been opened or used, it is no longer eligible for return or refund under the voluntary 14-Day Money-Back Guarantee.
This guarantee only applies to the first purchase.
If your return is approved, we will provide instructions for returning the Product.
The cost of returning a Product under the 14-Day Money-Back Guarantee is the responsibility of the Customer unless otherwise agreed by Arabella International or required by law.
Original shipping charges are not refundable under the voluntary 14-Day Money-Back Guarantee.
This restriction applies only to the voluntary 14-Day Money-Back Guarantee.
It does not affect any rights or remedies you may have under Australian Consumer Law if a Product is faulty, damaged, incorrectly supplied or otherwise fails to comply with an applicable consumer guarantee.
Outside the 14-Day Money-Back Guarantee, Arabella International is not required to provide a refund or replacement simply because you change your mind, except where required by Australian Consumer Law.
For health, hygiene and product-integrity reasons, opened or used nutritional Products cannot be returned for change of mind.
Once an Order has been dispatched, it cannot ordinarily be cancelled.
If you contact us before dispatch, we will make reasonable efforts to cancel your Order, but we cannot guarantee cancellation once fulfilment or processing has begun.
Where an Order is successfully cancelled before dispatch, any approved refund will generally be returned to the original payment method.
9.5 Faulty, Damaged or Incorrect Products
If your Product arrives damaged, faulty or incorrect, please contact us as soon as reasonably possible after delivery.
Please provide:
Your name
Order number
Details of the issue
Photographs of the Product or packaging where relevant
Where appropriate, we will arrange a replacement, refund or other remedy in accordance with Australian Consumer Law.
Where a return is required because a Product is faulty, damaged or incorrectly supplied, Arabella International will meet any return shipping obligations required under Australian Consumer Law.
A Product being opened does not prevent you from exercising any rights you may have under Australian Consumer Law where the Product is faulty, damaged, incorrectly supplied or otherwise fails to meet an applicable consumer guarantee.
9.6 Products Affected by Temperature or Handling
Some nutritional Products may be affected by extreme temperatures or inappropriate handling during transit.
If you reasonably believe a Product has been compromised during transit, please contact us promptly.
Arabella International will assess the circumstances and provide an appropriate remedy where required under Australian Consumer Law.
Approved refunds will generally be issued to the original payment method used for the purchase.
Refunds relating to returned Products may be processed after the returned Product has been received and its eligibility for refund has been confirmed.
The time taken for funds to appear in your account may vary depending on your bank, card provider or payment processor.
10. Product Use and Safety
All Arabella International Products must be used in accordance with the directions on the Product label.
Do not exceed the recommended serving size.
Arabella International Products are nutritional food products. They are not intended to diagnose, treat, cure or prevent any disease.
Consult a qualified healthcare professional before use if you are pregnant, breastfeeding, under 18, taking medication or managing a medical condition.
Full Product warnings and usage directions are provided on the label and in our Product Disclaimer at:
www.ArabellaInt.com/disclaimer
All content on our Website, sales funnels and social media, including text, images, logos, Product names, packaging designs and marketing materials, is owned by or licensed to Arabella International and is protected under the Copyright Act 1968 (Cth) and other applicable Australian intellectual property laws.
You may not reproduce, distribute, modify, republish or commercially exploit any content from our Website without our prior written consent.
You may share links to our Website for personal, non-commercial purposes.
12. Privacy
We collect personal information to process and fulfil your Orders, communicate with you and improve our service.
Our collection, use and storage of personal information is governed by our Privacy Policy at:
www.ArabellaInt.com/privacy
Our handling of personal information is subject to applicable Australian privacy laws.
ACL
The limitations below apply only to the extent permitted by law.
They do not affect your rights under the Australian Consumer Law.
To the maximum extent permitted by Australian law, Arabella International is not liable for any indirect, incidental, special or consequential loss arising from your purchase or use of our Products or Website where that liability may lawfully be excluded.
Where our liability cannot be excluded under the ACL and the Products are not ordinarily acquired for personal, domestic or household use, our liability may, where permitted by law, be limited at our election to:
replacing or repairing the Products; or
paying the cost of replacing or repairing the Products.
Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, you agree to indemnify Arabella International, its directors, officers, employees and agents against claims, liabilities, losses and reasonable expenses arising directly from:
your material breach of these Terms;
your misuse of our Products contrary to Product labelling or instructions; or
your unlawful use of our Website or Products or violation of the rights of a third party.
This clause does not require you to indemnify Arabella International for loss caused by Arabella International's own unlawful conduct, negligence or breach of applicable law.
If you have a complaint or dispute, please contact us first:
Email: info@arabellaInt.com
We will acknowledge your complaint within 5 business days.
We aim to resolve complaints within 20 business days.
We are committed to resolving complaints fairly and efficiently without the need for formal proceedings wherever reasonably possible.
If your complaint is not resolved to your satisfaction, you may contact an appropriate regulatory or consumer body, including:
Consumer Protection Western Australia
www.commerce.wa.gov.au/consumer-protection
Australian Competition and Consumer Commission (ACCC)
www.accc.gov.au
Office of the Australian Information Commissioner
www.oaic.gov.au
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.
You and Arabella International submit to the non-exclusive jurisdiction of the courts of Western Australia.
Nothing in this clause limits any rights a consumer may have under applicable law.
We may update these Terms from time to time.
Updated Terms will be posted on our Website with a revised "Last Updated" date.
Changes will not retrospectively alter the contractual terms applying to an Order already accepted by Arabella International unless required or permitted by law.
We recommend reviewing these Terms each time you place an Order.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed to the extent necessary and the remaining provisions will continue in effect.
These Terms, together with our Privacy Policy, Shipping & Returns Policy and Product Disclaimer, constitute the agreement between you and Arabella International in relation to the purchase of our Products, subject always to any rights that cannot lawfully be excluded.
Our failure to enforce any provision of these Terms on any occasion does not constitute a waiver of that provision or our right to enforce it in the future.
To the extent permitted by law, Arabella International is not liable for failure or delay in performance caused by events beyond our reasonable control, including natural disasters, government action, supply chain disruption, carrier delays, customs delays or infrastructure failures.
Where such an event affects an Order, we will take reasonable steps to communicate with you and resolve the situation.
Nothing in this clause limits any refund, cancellation or other rights available under Australian Consumer Law.
For questions about these Terms, your Order or our Products:
Business
Arabella International Pty Ltd
ABN
75 653 790 820
Address
PO Box 499, West Perth WA 6872
Email
info@arabellaInt.com
Website
www.ArabellaInt.com
By placing an Order with Arabella International, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions of Sale.
Questions about this policy? Contact Arabella International.