Returns and T&Cs

Terms & Conditions

Welcome to the eimele.com website (“Website”).

In these terms and conditions, the expressions “Eimele”, “we”, “us” and “our”, are a reference to Eimele Pty Ltd.

We provide services to you subject to the following terms and conditions, which may be amended by us from time to time. When using any Eimele service you are also subject to any rules or guidelines, which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the terms and conditions.

Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these terms and conditions and any amendments.

These terms and conditions will be governed by and construed in accordance with the laws of Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Australia. If any provision of the terms and conditions is found to be invalid or unenforceable by a court of law, that clause will be severed from these terms and conditions and such invalidity or unenforceability will not affect the remainder of the terms and conditions which will continue in full force and effect.

For the purpose of these terms and conditions, “Content” or “Contents” means a material such as text, software, images, audio and video, including links to that material.

Accuracy of Information

All Contents on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither we or our related bodies corporate nor our or their directors or employees make any representation or warranty that (i) any Content on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that Content); or (ii) your access to the Website will be uninterrupted, timely or secure. We will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Product descriptions

We and our related bodies corporate attempt to be as accurate as possible in the description of products. However, we do not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

Copyright

The Contents provided on the Website are copyright protected and are owned or licensed by us or our related bodies corporate. You may only use this Content for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the Content may not otherwise be used, adapted, copied, reproduced, distributed, displayed, performed, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth) and similar legislation which applies in your location) without the prior written approval of us and/or our related bodies corporate, or our  appropriate supplier or licensor.

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

All software used on this Website is the property of us or our related bodies corporate or software suppliers and is protected by Australian and international copyright laws.

Trade Marks

This Website includes registered trade marks owned by us and/or our related bodies corporate (or our licensors) and trade marks that are the subject of applications for registration by us and/or our related bodies corporate (or our licensors) including, but not limited to “Eimele”.

You must not use any of our trade marks or “Eimele”:

• in or as the whole or part of your own trade marks or business name or company name;
• in connection with activities, products, goods or services which are not ours;
• in a manner which may be confusing, misleading or deceptive;
• in a manner that disparages us or our information, products, goods or services (including this Website)

You must not authorise or assist any person to do any of the acts specified above.

Nothing displayed on the Website should be construed as granting any licence or right of use of any trade mark displayed on the Website, without the express written permission of us, our related bodies corporate or the relevant owner.

Your account

In consideration of your use of the Website, you agree to:

• Provide true, accurate, current and complete information about yourself as prompted by the website’s registration form (such information being the "Registration Data"); and
• Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

In particular, to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Electronic Communications and Your Conduct

When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to us, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facility" or “Communication Facilities”).

It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

• restrict or inhibit any other user from using or enjoying any Communication Facility;
• post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• post or transmit any Content of any kind which violates or infringes upon the rights of any other person, including Content which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
• post or transmit any Content of any kind which contains a virus or other harmful component;
• post, transmit or in any way exploit any Content of any kind for commercial purposes or which contains any promotional Content or advertising;
• delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
• download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

We may from time to time monitor or review the Contents of its Communication Facilities. While we reserve our right to edit, refuse to post or to remove any information and/or Contents (in whole or in part) that in our sole discretion is in any way objectionable or in violation of any applicable law or the terms and conditions, we have no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor are we responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any Contents which violate any applicable or relevant law.

Contributions

We may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other Content on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and we disclaim any and all liability in connection with Contributions. We assume no responsibility for monitoring any Contributions and does not endorse the information Contributions. We are under no obligation to treat your Contribution as confidential.

We may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.

We may repost or share any information or content you upload to public networks in relation to Nutrikynd and/or its products.

User licence to Eimele

By placing any Contributions, information or other Content on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to us and our related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or Content:

• Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
• Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other Content, including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of us and any other party authorised by us all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other Content. At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Online security

At Eimele we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

We will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.

If you’re making an online purchase from the Website and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details.

Please report any suspicious activity to us immediately.

Limitation of Liability

The Trade Practices Act and similar state and territory legislation in Australian may confer rights and remedies on you in relation to our provision of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). We do not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: (a) all Contents are provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied; (b) we and our suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose; (c) we do not warrant that the functions contained in any Content or any Communication Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components; (d) we do not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and (e) you assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on our part) will we or our bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that we do not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the maximum extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded, is limited, at our option, to the following:

• In the case of services supplied or offered by us, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• In the case of goods supplied or offered by us, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.


 

Indemnity

You agree to indemnify and hold harmless us and our related bodies corporate (and the officers, agents, partners and employees of us and our related bodies corporate) against any and all loss, liability, or demand to arise out of or in connection with your use and access to the Website.

Title and risk of loss

All goods purchased from the Website are made pursuant to a shipment contract with a carrier. Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon our delivery of the goods to the carrier.

Third party links and advertising

Hyperlinks and pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of the Website and are not under the control of us or our related bodies corporate and neither we nor our related companies have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave the Website and do so entirely at your own risk.

The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by us or our related bodies corporate of the relevant advertiser, its products or services or any such linked website.

If you contact a third party using functionality provided on the Website, including via email, we accept no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Cancellation due to error

We endeavour to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

Delivery & Customs

We ship the goods from worldwide offices/dispatch centres located around the world from 7 conveniently positioned locations in USA, Australia, Europe, Asia & Canada. All customers are responsible for any import customs, duty or taxes. Given our warehouse locations, customers in USA, Canada & Australia need not worry about customs as we ship using domestic mail to these locations.

Returns, Repairs and Warranties

We will accept returns only for damaged goods that are not opened. Due to regulations worldwide we cannot accept any refunds for open packages.

We will not accept returns or refunds for “change of mind” once a purchase has been made. Any customer who is concerned the product is damaged or faulty can contact us via our “Contact Us” page to discuss the refund. All return requests must email hello@eimele.com within 2 weeks of receiving their order.

Wholesale

Unless given prior written approval from us you are not entitled to resell Eimele products via any sales medium whether online or offline. To become an authorised reseller please contact hello@eimele.com. We reserve to stop supplying any customer who is found to be reselling without permission.

Subscription

We offer a subscription service whereby the customer opts in to a regular monthly delivery which is automatically billed every 30, 60 or 90 .  By subscribing the customer receives a discount from the standard product price. Upon signing up the customer agrees to a minimum of two deliveries. Following the two minimum deliveries, the customer can cancel the subscription at any stage. Subscription will be ongoing until the customer requests a cancellation by emailing hello@eimele.com. Purchases made via subscription are not entitled to our rewards program since a discount is already applied at checkout.