Terms and Conditions | OPTY.NC

This website is owned and operated by Optima Nutricosmetics Pty Ltd (ABN 73631894070) (‘Optima Nutricosmetics’). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include, by reference, our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Optima Nutricosmetics Pty Ltd.  ‘You’, ‘Your’, ‘Customer’ means you as the user of the website and buyer of the products and services on the website.

Optima Nutricosmetics reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of this site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Optima Nutricosmetics grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

1. Registration 

When you register and activate your account, you will provide us with personal information such as your name, email address and birthday date. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.

To create an account, you must agree and undertake to use the website in accordance with these Terms.

2. Collection Notice

We collect personal information about you in order to, for example, respond to your enquiry, create your account, send you our newsletter, process your order and for purposes otherwise set out in our Privacy Policy.

We may disclose your information to third-parties that help us deliver our products and services (including information technology suppliers, couriers, logistics service providers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our products or services to you. We do not generally disclose your personal information to recipients that are located outside of Australia.

Our Privacy Policy explains: 

- how we store and use, and how you may access and correct your personal information; 

- how you can lodge a complaint regarding the handling of your personal information; 

- how we will handle any complaint. 

If you would like any further information about our privacy procedures or practices, please contact us by email at info@optync.com.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Customer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up to date.

4. Payment

Payments may be made by credit/debit card or via a payment gateway, such as PayPal. You warrant that any credit/debit card being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third-parties as are necessary to enable us to do such checks. If the issuer of your payment card or the payment processor does not authorise payment to us, we will not be liable for any delay or non-delivery.

5. Delivery/shipping

Deliveries in Australia generally take 3 to 5 business days.  When you place an order, you will receive a reply e-mail acknowledging your order has been received and your payment has been processed. You will also receive a tracking number so you can monitor your order’s delivery progress. In the unlikely event of delivery problems at our end, we will keep you informed by e-mail of expected dispatch dates.

For more information about shipping, payment and returns, click here

6. Returns/exchanges

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 reasonably foreseeable loss or damage. You are also entitled 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.

Unfortunately, due to the nature of our products we are not able to accept returns for change of mind. We will however refund your purchase if the product does not comply with a statutory guarantee contained in the Australian Consumer Law. 

For more information about shipping, payment and returns, click here. 

Nothing in these terms purports to modify or exclude the statutory guarantees and other legal rights under the Australian Consumer Law and other laws.  Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

7. Promotions and competitions 

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

7a. 20% Off Welcome Discount (Ongoing)

Valid for all first-time retail customers only.

One use per customer.

Minimum purchase of $100 and excludes shipping.

Must enter allocated gift code at checkout.

Not valid with any other offer.

We reserve the right to cancel any order unauthorized used, altered or ineligible use of offer and to modify or cancel any promotion due to system error or unforeseen problems.

8. Linked Sites

Our website may contain links to websites operated by third-parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

9. Intellectual property rights 

Unless otherwise indicated, we own or license from third-parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the Terms and Conditions set out in this agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.

Except as expressly provided in these Terms and Conditions, no part of the site or content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Optima Nutricosmetics’ express prior written consent.

You may use information on Optima Nutricosmetics products and services (such as information on products, promotions and stockist location) for downloading from the site, provided that you first obtain our express consent and only store this information for your personal, non-commercial use.

10. Unacceptable activity 

You may not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site or to any server used by Optima Nutricosmetics, or to any of the services offered on or through the site, by hacking, password “mining” or any other illegitimate means.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site, or with any other person’s use of the site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message you send to Optima Nutricosmetics on or through the site or any service offered on or through the site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;

- using this website to defame or libel us, our employees or other individuals;

- uploading files that contain viruses that may cause damage to our property or the property of other individuals; 

- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

11. Warranties and disclaimers 

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

The information which is provided on this website is not intended to be medical advice, nor does it replace professional medical advice, diagnosis or treatment.

Our products should not be used to treat, cure or prevent any medical condition and should not be used for therapeutic purposes (unless the product has been entered on the Australian Registrar of Therapeutic Goods).

We make no guarantee as to the results that you may experience from using our products or the information, we make available on our website. The results you experience from using our products will depend on many factors, including but not limited to your age, gender, skin type and condition, concomitant products used, health history, where you live (climate, humidity), lifestyle choices and diet.

Please check with your health practitioner before making any changes to your diet or taking supplements or herbs, especially if you are pregnant or have a health condition. Always read instructions for use carefully.

If you rely on any of the information provided on this website, you do so at your own risk.

12. Liability 

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to- date.

Notwithstanding the foregoing, the sole and entire maximum liability of Optima Nutricosmetics and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Optima Nutricosmetics on the website.

You agree to indemnify, defend and hold harmless Optima Nutricosmetics and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the website, your violation of this agreement, your infringement or violation of any rights of another, or termination of your access to the website.

13. Waiver

The failure of Optima Nutricosmetics or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the website or this agreement must be filed within six months after such claim or cause of action arose or will be forever barred. All disclaimers and limitation of liabilities included in this agreement are for the benefit of Optima Nutricosmetics and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

14. Jurisdiction and governing law  

Your use of the website and these Terms are governed by the law of Victoria. In the event a dispute arises between you and Optima Nutricosmetics, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Optima Nutricosmetics agree that any claim or controversy at law or equity that arises out of this agreement or our services (Claim) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, it is strongly encouraged that you first contact Optima Nutricosmetics directly to seek a resolution and Optima Nutricosmetics will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Court. Any claim may be adjudicated by a court of competent jurisdiction located in Victoria, Australia. You and Optima Nutricosmetics agree to submit to the personal jurisdiction of the courts located within Victoria, Australia.

Alternative Dispute Resolution. Alternatively, Optima Nutricosmetics will consider use of other alternative forms of dispute resolution.

All claims between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this section by the first party to file a claim. Should either party file an action contrary to this section, the other party may recover solicitors' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.

You agree that this agreement and all incorporated agreements may be automatically assigned by Optima Nutricosmetics in our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.