Terms of Use

Welcome to the Wanderlust Website. When you access and use our website or purchase products from our website you agree to be bound by, and comply with, these terms and conditions and any changes that we make to them from time to time (Website Terms).

The Website Terms include our Privacy Policy, Self-Care Assessment Terms and Conditions. The Website Terms form an agreement between you and Wanderlust Products Pty Ltd (ACN 634 882 830) (Wanderlust). Please review the Website Terms carefully to ensure you understand and agree with them. If you do not agree, please cease using our website.

  1. Information Provided On Our Website
  2. Your Use Of Our Website
  3. Third Party Websites
  4. Promotions, Competitions And Discounts
  5. Intellectual Property
  6. Privacy
  7. Governing Law
  8. Updates To These Website Terms

 

1. INFORMATION PROVIDED ON OUR WEBSITE

1.1.      We do not provide medical advice. The website and the services offer health and nutritional information, but are designed for educational purposes only. You should not rely on this information as a substitute for, nor do they replace professional healthcare advice, diagnosis or treatment. If you have any concerns or questions about your health, you should always consult with a healthcare professional. The use of any information provided on the website is solely at your own risk. Nothing stated or posted on the website or available through any services are intended to be, and must not be taken to be, the practice of medical or counselling care.

1.2.     Except as provided by law, our website is provided “as is” and without any warranty or condition, express or implied. The information and content provided on our website are of a general nature. While we all take reasonable steps to ensure the accuracy and completeness of the information and content (including product descriptions) on our website, to the maximum extent permitted by law (including, without limitation, the Australian Consumer Law (ACL)) we make no warranties or representations about our website and its content including (without limitation) warranties or representations that the website or its content will be complete, accurate or up to date. Product images have been provided for illustrative purposes only and we do not guarantee that any image will reflect or portray the full design or options relating to that product.

1.3.     We may alter, suspend or discontinue our website or any content on our website at any time and without notice to you. We do not warrant and do not represent that our website and the content are secure, free from viruses or other defects, or that access will be uninterrupted or error-free. We provide access to our website and its content on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your access to or use of our website and its content.

1.4.     To the maximum extent permitted by law (including, without limitation, the ACL) in no event will Wanderlust, our officers, directors, employees or agents be responsible for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your use of our website and/or the information or content contained on it. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply the relevant service, the cost of resupplying the service or the cost of repairing the services. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.


 

2. YOUR USE OF OUR WEBSITE

2.1.     You must only use our website in accordance with these Website Terms. You must not use our website for any illegal, prohibited or inappropriate purpose or attempt to do anything that interferes with or disrupts our website. For example, and without limitation, you must not, in relation to any content you post or submit on the website (Posts):

i. defame, abuse, intimidate, harass, threaten or offend us, our employees, officers, agents or other individuals and  users of the website;

ii. breach any laws or regulations or infringe anyone’s intellectual property rights or privacy rights;

iii. upload harmful files that may cause damage to our property or the property of others; or

iv. hack, spam, disable, corrupt or otherwise affect the functionality or performance of the website or its content.

2.2.     Without notice to you, and at our sole discretion, we may immediately remove any information or content that you post on our website which we believe breaches these Website Terms, or for any other reason.

2.3.     We have no obligation to pre-screen Posts and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content, and we reserve the right to remove Posts for any reason. We are not, however, responsible for any failure or delay in removing Posts.


 

3. Third Party Websites

3.1.     We may display content or links to websites operated by third parties on our website. Such content or links are not operated by us and are provided for your convenience only. We are not responsible for the content or third party websites and make no representations about the accuracy of third party sites.


 

4. PROMOTIONS, COMPETITIONS AND DISCOUNTS

4.1.     From time-to-time, Wanderlust may run promotions, competitions or offer discounts through the website. In such circumstances, additional terms and conditions may apply to those promotions, competitions or discounts. Your participation or competition or your right to an offered discount is subject to these Website Terms and any specific terms and conditions that may be expressed to apply.


 

5. INTELLECTUAL PROPERTY

5.1.     All content made available on our website and all rights, title and interest in such content, including the Wanderlust brand, our graphics, text, video and the overall look and feel of our website (our content), is owned by or licensed to us and is subject to copyright or other intellectual property rights. Subject to these Website Terms, we grant you a limited, non-exclusive, revocable and non-transferable licence to view, download and print our content via the website.

5.2.     You may only use, access and print content on our website for non-commercial or personal use provided you keep intact all copyright and proprietary notices. You are otherwise prohibited from any other use, copying or reproduction of our website and our content. Except as expressly stated above, you are not granted any right, title or interest to our website or our content.

5.3.     You (the author) continue to own the copyright in your Posts but, by submitting Posts to public areas of the website, you grant us the right to use, copy, display, edit and promote your Posts in any medium and any manner we choose.


 

6. PRIVACY POLICY

6.1.    Wanderlust collects and uses any personal information that you provide in using our website in accordance with Wanderlust Products’ Privacy Policy.


 

7. GOVERNING LAW

7.1.     Your use of our website and these Website Terms are governed by the laws of the State of Victoria and you submit to the non-exclusive jurisdiction of the Courts in the State of Victoria.


 

8. UPDATES TO THESE WEBSITE TERMS

8.1.     These Website Terms are effective from May 2021. We reserve the right to update these Website Terms at any time without notice to you. You should ensure that you are aware of our current Website Terms by checking our website regularly.

 

Terms of Sale

Hello and welcome to Wanderlust.

These Terms of Sale apply to the ordering, purchase, fulfillment and delivery of products (Products) from our website and form part of the Website Terms. These Terms of Sale form a legally binding agreement between you and Wanderlust Products Pty Ltd ACN 634 882 830 (Wanderlust). By proceeding to place an order with the Wanderlust online shop you acknowledge that you have read, understood and agree to be bound by these Terms of Sale. You also acknowledge having read our Privacy Policy. If you do not accept these terms, please do not proceed further.

  1. Orders
  2. Price
  3. Delivery
  4. Payment
  5. Availability Of Product
  6. Cancellation And Order Amendments
  7. Change of Mind Returns
  8. Other Returns
  9. Refunds
  10. Consumer Guarantees – Limited Warranty
  11. Liability For Sale And Purchase Of Products
  12. Your Personal Information
  13. Customer Account
  14. Governing Law; Entire Agreement
  15. Updates to These Terms Of Sales

1. ORDERS

1.1.     All orders placed by you are an offer to purchase the Products for the price plus any delivery charge as shown at the time of submission of your order. All orders are subject to availability and acceptance by WANDERLUST. Acceptance will occur at the time we confirm your order. Each order that you place will, if accepted by us, be a separate and binding agreement between you and WANDERLUST with respect to the supply of the relevant Products, in accordance with these Terms of Sale.

1.2.     All orders placed are an offer of purchase and are subject to acceptance by WANDERLUST. If an order is not accepted a full refund will occur at the earliest possible convenience. WANDERLUST reserves the right to reject your order for any reason, such as stock availability or delivery challenges based on location.

1.3.     You must not resell in a commercial manner any of the products you purchase from us. Specifically, you acknowledge and agree that all Products purchased by you are for personal use only and are not for resale or commercial use.


2. PRICE

2.1.     The Products are charged at the price published at the time you submit your order. WANDERLUST reserves the right to change the price of Products at any time without notice to you.

2.2.     We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions relating to pricing and availability. To the extent not prohibited by law, we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

2.3.     If you are purchasing Products in Australia, all prices listed on the site are in Australian Dollars and are inclusive of any Australian Goods and Services Tax (as applicable).

2.4.     If you are purchasing Products in a country other than Australia all prices listed on the site will be in the currency of the applicable country from which you are accessing our website, unless otherwise stated. Prices are inclusive of all applicable taxes and duties set by your destination country, unless otherwise stated.


3. DELIVERY

3.1.     Details of our estimated delivery timeframes and information about order tracking can be found on the Shipping and Delivery Page.

3.2.     In addition to the price for the Products, you will also need to pay the delivery charge listed. Any delivery charge will appear in your shopping cart. If additional delivery charges are required, we will contact you before accepting your order and provide you with a quote for these additional delivery charges.  You may choose to accept these additional delivery charges or ask us to cancel your order, in which case we will provide you with a full refund of any money paid to us for your order.

3.3.     Risk and title in the Products pass to you on the date and time the Products are delivered to the address provided by you in your order.

3.4.     We do not guarantee the dispatch or delivery of Products within the timeframes provided. Delivery times are our best estimate however stock availability and events outside of our control may cause delays, or in some circumstances prevent your Products from being delivered. If we are unable to deliver your Products within a reasonable time, we may automatically cancel your order, in which case we will provide you with a full refund of any money paid to us for undelivered Products.

3.5.     On delivery you may be required to sign a proof of delivery document. If you authorise us to deliver the Products without being required to sign for proof of delivery, we will not be liable for any lost, stolen or damaged Products once these Products have been delivered.


4. PAYMENT

4.1.     Payment in full for all Products is required at the time of placing an order with us.

4.2.     By submitting an order, you represent and warrant to us that are authorised to use the method of payment you provide to us.  You authorise us to charge to that payment method the total amount of your order (including any applicable taxes and delivery charges). If the payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. WANDERLUST is under no obligation to ship any Products ordered until payment in full for those Products has been received.


 

5. AVAILABILITY OF PRODUCT

5.1.     WANDERLUST does not guarantee the availability of Products on its website. If, for any reason, a Product in your order is out of stock or cannot be delivered, we will amend your order and refund you for any money charged for the price of the undelivered Product.


6. CANCELLATION AND ORDER AMENDMENTS

6.1.     If you need to cancel or amend an order shortly after the order has been placed and prior to the Products being dispatched, you may contact WANDERLUST to request the amendment or cancellation and we will do our best to accommodate your request.


7. CHANGE OF MIND RETURNS

7.1.     We do not accept returns for simply changing your mind after purchase. Please choose carefully and ensure that any Product you select is right for you, based on the advice received from your healthcare provider or general practitioner. Despite the above, nothing in these Terms of Sale alter any rights you may have under the Australia Consumer Law.


 

8. OTHER RETURNS

8.1.     Where required under Australian Consumer Law, Wanderlust will accept Product returns and provide you  with an exchange, repair or refund (as applicable) where:

i. the product is damaged, or

ii. the product is faulty, and

iii. you can present your online tax invoice or other adequate proof of purchase.

8.2.     Wanderlust reserves the right not to offer an exchange, refund or repair where the item fault is a result of misuse or neglect.

8.3.     Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the product.

8.4.     To request a return or a refund, please email onlinesales@wanderlust.com.au and ensure you include your order number which was emailed to you upon processing of your order. Please ensure you retain proof of purchase of purchasing products from our website and the goods in question if you are looking at returning your goods.


9. REFUNDS

9.1.     If we are obliged to refund your payment pursuant to these Terms of Sale, your refund will be credited back to the payment method you used at the time of purchase and we will aim to process the refund within five (5) business days. The time it takes for you to actually receive the refund will depend on your financial institution.

9.2.     All refund payments will be processed in Australian Dollars and WANDERLUST will not be held liable for any difference in the value of the refund against the initial purchase price in the final currency you used to purchase the products. WANDERLUST will not be liable to refund any fees or charges you incurred from your credit/debit card provider for your initial purchase.


10. CONSUMER GUARANTEES – LIMITED WARRANTY

10.1.     Your sole express warranties with respect to the Product are the warranties provided below.

10.2.     We expressly disclaim any implied warranty of merchantability or fitness for a particular purpose or other warranties implied by law, course of dealing, course of performance, usage of trade, or otherwise. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you. You may have consumer guarantees that cannot be limited by us, in which case these Terms of Sale do not affect your rights under the Australian Consumer Law (ACL) and other laws applicable to you. If your Product is not of acceptable quality, does not match its description or is not fit for purpose, you may under applicable law be eligible for a refund, exchange or repair and in some cases compensation for loss or damage notwithstanding the foregoing disclaimer of implied warranties.

10.3.     If you have purchased a Product with a major fault, you have the right to ask for a replacement or refund. If you have purchased a product with a minor fault, we can choose to give you a free replacement product or an online voucher to spend on our website.

10.4.     Products returned under these consumer guarantees and limited warranties can be returned within a reasonable timeframe subject to also providing us with proof of your purchase. When returning or exchanging faulty, damages or incorrectly described Products, WANDERLUST may arrange return a postage receipt, subject to our confirmation that the Product is faulty, damaged or incorrectly described. If, upon inspection, the Product is not found to be faulty, damaged or incorrectly described we may require you to pay for the cost of the return postage.

10.5.     To arrange a return for a faulty, damaged or incorrectly described Product email us directly at onlinesales@wanderlust.com.au.


11. LIABILITY FOR SALE AND PURCHASE OF PRODUCTS

11.1.     To the maximum extent permitted by law (including, without limitation, the ACL) in no event will WANDERLUST, its affiliates and related bodies corporate, and its and their respective officers, directors, employees and agents (collectively, the WANDERLUST Parties) be liable to you, or any other person, for any loss, damage, costs or expense suffered, (whether directly or indirectly) arising out of or in connection with your purchase or use of, or otherwise relating to, the Products. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute. To the maximum extent permitted by law, where the liability of the WANDERLUST Parties cannot be disclaimed entirely, you agree that the maximum aggregate liability of the WANDERLUST Parties for the aforementioned liability shall not exceed the amount you actually paid for the product giving rise to such liability. The limitations of liability set forth above shall only apply to the extent permitted by law.

11.2.     The WANDERLUST Parties will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense. The WANDERLUST Parties liability to you for any loss, damage, costs or expense of any kind arising out of these Terms of Sale will be reduced to the extent (if any) that you cause or contribute to the loss, damage, costs or expense.


 

12. YOUR PERSONAL INFORMATION

12.1.     By placing an order with WANDERLUST you acknowledge and agree that the information provided is collected and used in accordance with our Privacy Policy


 

13. CUSTOMER ACCOUNT

13.1.     You may have the option to create an account through the website. By creating an account, you may have access to additional features on the website including the ability to save your address details and view your product order history.

13.2.     If you choose to create an account, you acknowledge and agree that:

i. all information provided by you is complete, true and correct;

ii. you must keep your account information current and up to date;

iii. you must keep your account information, including your username and password, secure at all times and you must notify WANDERLUST immediately if you become aware of any actual or potential unauthorised access to your account; and

iv. you must not create an account on behalf of someone else


 

14. GOVERNING LAW; ENTIRE AGREEMENT

14.1.     These Terms of Sale are governed by the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the Courts in the State of Victoria, Australia.

14.2.     If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale. These Terms and Conditions, our Privacy Policy and the Website Terms and Conditions will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.


15. UPDATES TO THESE TERMS OF SALES

15.1.     These Terms of Sale are effective from May 2021. We reserve the right to update these Terms of Sale at any time without notice. You should ensure you are aware of our current Terms of Sale by checking our website regularly.