Terms of service

OVERVIEW

This website is operated by WGAU PTY LTD (“Theonia”). Throughout the site, the terms “we”, “us” and “our” refer to Theonia. Theonia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are in Australian Dollars (AUD) and inclusive of GST where applicable, and are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy and the Australian Consumer Law (ACL).

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

SECTION 7 - SHIPPING AND DELIVERY

Shipping times are estimates only and we are not liable for delays outside our control. Risk in the goods passes to you upon delivery.

SECTION 8 - RETURNS AND REFUNDS

Our Returns Policy incorporates your rights under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or conditions. We shall have no liability relating to your use of optional third-party tools.

SECTION 10 - THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites. We are not responsible for their content and will not have any liability for materials, products, or services of third-parties.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

By submitting content to us, you grant us unrestricted use of your content. You are responsible for your comments and warrant they do not violate third-party rights.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy, which complies with the Privacy Act 1988 (Cth).

In cooperation with Klarna Australia, we offer Buy Now Pay Later options. Klarna may process your data in accordance with its Australian privacy policy and user terms. Klarna is not suitable for everyone. Please use responsibly.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct any errors or omissions and to update information or cancel orders if any information in the Service is inaccurate.

SECTION 14 - PROHIBITED USES

You are prohibited from using the site or its content for any unlawful or prohibited purpose, including violating laws or infringing rights.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

To the extent permitted by law, we exclude all warranties except those required by law. Where you are entitled to a statutory guarantee under the ACL, our liability is limited to the replacement of goods or equivalent value, unless otherwise required by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify and hold harmless Theonia from any claims arising from your breach of these Terms or violation of law.

SECTION 17 - SEVERABILITY

If any provision of these Terms is deemed unenforceable, the remainder shall remain in full force and effect.

SECTION 18 - TERMINATION

These Terms remain in effect unless terminated by either party. We may terminate the agreement at any time without notice if you breach any term.

SECTION 19 - ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us and supersede prior agreements. Any ambiguities shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of New South Wales, Australia.

SECTION 21 - TGA DISCLAIMER

Some products sold on this website may be complementary medicines under the Therapeutic Goods Administration (TGA). They are not intended to diagnose, treat, cure or prevent any disease. Always read the label and follow directions for use. Consult your healthcare professional before using any products.

SECTION 22 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or modify these Terms at any time. Your continued use of our website following any changes constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@theonia.au