Terms and Conditions
These terms and conditions, together with the website prices, contact details and privacy policy, set out and define the whole agreement of the online purchase between Herbalife Australasia Pty Ltd and Independent Herbalife Distributors. Please read the Terms and Conditions carefully before using this Web Site.
Scope
Intellectual Property
Nature of the Agreement and Exclusion of Liability
Privacy
Cancellation by you
Cancellation by us
Price
Delivery of Goods
After Sale Assistance
Discount
Payment
Volume Month
Invalidity and Applicable Law
1.1 The purpose of this website is the supply of goods by Herbalife Australasia Pty Ltd exclusively to Independent Herbalife Distributors
1.2 The supply of goods is limited to orders to be shipped within Australia.
1.3 The use of this website presupposes an existing contractual relationship between the purchaser and Herbalife
1.4 These terms and conditions are not intended to replace pre existing contractual obligations, they are intended to set the parameters of online purchase of Herbalife products
2.1 The content of this website is protected by copyright and trademarks rights all property of Herbalife International Inc and Herbalife Australasia Pty Ltd
2.2 No element of this website can be used without the prior written consent by Herbalife
3. Nature of the Agreement and Exclusion of Liability
3.1 Transactions under this website are intended to be between Herbalife Australasia Pty Ltd and independent contractors within the meaning in clause 1 above and as such all transactions are considered to be from business to business
3.2 For the purpose of all relevent Acts, Regulations and Codes of Practice this is not a contract.
4.1 You acknowledge and agree to be bound by the terms of our Privacy Policy
5.1 If due to our error you receive products different than the ones you ordered you have the right to cancel the order or to request correction. The cost of sending the goods back to us will be our responsibility
5.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question
5.3 If you notify to us any matter under clause 5.1, our only obligation will be at your option:
5.3.1 to make good any shortage or non-delivery;
5.3.2 to replace or repair any goods that are damaged or defective; or
5.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose
5.4 We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business opportunities, qualification or goodwill) howsoever arising out of an error or any of the incidents outlined in clauses 5.1 and 5.2 above and we shall have no liability to pay any money to you by way of compensation other than the remedies outlined in 5.3 above
6.1 We reserve the right to cancel the order if:
6.1.1 we have insufficient stock to deliver the goods you have ordered;
6.1.2 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information;
6.1.3 we do not deliver to your area
6.2 If we cancel your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card but in any event within 30 days of your order
6.2.1 we will not be obliged to offer any additional compensation for disappointment and/or for any sub sequential loss, damage or expenses (including loss of profits, business opportunities, qualifications or goodwill) arising out of a cancellation by us for any of the reasons in clause 6.1
6.2.2 if the cancellation of the order is attributed to any of the factors outlined in clauses 5.1 and 6.1 such cancellation will be considered a reason to allocate the volume month of a compensating order to the month in which the cancelled order was placed
7.1 The prices payable for the products are set out in our website next to each product all prices are exclusive of GST
7.2 At the check out stage you will be provided with an itemized statement of the purchase. This will include package and handling, freight/pickup cost, and GST
7.3 By submitting the order you are explicitly accepting the total amount due for the order and these terms and conditions
8.1 We will deliver the goods ordered by you to the address you give us at the time of placing the order. If you have chosen to collect the order at the Distribution Centre you must collect it within 10 days from placing the order. Non-compliance with this will result in the goods being shipped to your registered address at your cost
8.2 Delivery will be made as soon as possible after your order is placed and in any case no later than 30 days from confirmation of the order
8.3 Once the goods are delivered you will become the owner of the goods and you will hold them at your own risk, we will not be liable for their loss or destruction
8.4 The shipping will be made as per your instructions. If such instructions are incorrect or you change your mind after submitting your order additional charges will be applied. This will not affect the passing of the risk to you
8.5 In the event that delivery to certain areas is not possible we may ask for alternative shipping instructions. We reserve the right to cancel the order as stipulated in sub clause 6.1.3
9.1 For any problem related to your order you may contact the Distributor Services Department on 08 81540220 (Mon to Fri 8.30am - 5.00pm) or email ausorderline@herbalife.com
9.2 For any problem related to the use of this website contact ausorderline@herbalife.com
9.3 Alternatively, please visit the Contact Us page to view other possible ways to get in touch with us.
10.1 If you are at Supervisor level you will be automatically applied 50 % discount on your order
10.2 If you think you are entitled to 50 % discount but are not given that discount automatically please email Distributor Services at ausorderline@herbalife.com or call 08 81540220 (Mon to Fri 8.30am till 5.00pm Adelaide time)
10.3 As an Independent Distributor you are entitled to discounts between 25 % and 42 %. It is up to you to indicate the correct discount. For explanation on discounts, please refer to the Sales and Marketing Plan in your IBO.
11.1 For this service we accept Credit Card and Debit Card payments only
11.2 At the end of the transaction you will receive an e-mail with a temporary Internet order number, payment, and shipping details
11.3 Once you have succesfully paid for your order, you will receive an immediate e-mail confirmation with a summary of the order, including the order number: this is the reference for your order. If you have a query relating to your order, you can contact the Distributor services Department and quote this number.
11.4 If your annual fee is due it will be charged to your order at the respective rate
12.1 Existing rules for end of month apply
12.2 The order month is generated at the moment of check out
12.3 In End of Month (EOM) situations, orders must be placed and fully paid by midnight on the specified EOM date
12.4 We accept no liability for orders falling into the next volume month as a result of either normal or abnormal internet speed or processing response times, site time-outs, errors or any other cause.
13. Invalidity and Applicable Law
13.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected
13.2 These terms and conditions are governed by and interpreted in accordance with the laws of South Australia and the South Australian court shall have jurisdiction to resolve any dispute between us
