Terms and Conditions

In these terms and conditions, “we” “us” and “our” refers to Spectrumceuticals Pty Ltd, and assigns; “you” or any variation of the word means the person described in your Account Application; “guarantor” means the person described as such on your Account Application; and “products” means any goods supplied to you pursuant to these Terms and Conditions.

Regulatory Requirements: Our products are practitioner prescribed complementary medicines listed on the Australian Register of Therapeutic Goods. Our products are exclusively supplied to healthcare professionals as described in Section 42AA of the Therapeutic Goods Act 1989 and retail sale should only occur after consultation with a patient. It is your responsibility to ensure that, in distributing any products, you comply with any applicable State and Federal laws including the Therapeutic Goods Act 1989 regulating the public display and sale of goods. You agree to indemnify us in relation to any claim arising from the failure to observe any law regulating the public display and sale of goods that we sell you. Our products may not be advertised in print or electronic media without prior authorisation from us. The prescribing practitioner is required to demonstrate to our wholesalers and distributors that they are registered with a professional association including identifying the clinic or location where they conduct consultations.

Pricing and Ordering: Each order you place is a separate contract, governed by these terms and conditions as amended from time to time. To qualify for wholesale pricing you must meet the definition of a practitioner in the ‘Regulatory Requirements’ section in these Terms and Conditions. All prices are in Australian Dollars (AUD) and Recommended Retail Prices are inclusive of GST. We reserve the right to amend our prices at any time. Where goods are supplied to you on credit, you irrevocably authorise us, our employees and/or agents to make such enquiries as deemed necessary to investigate your credit worthiness and that of any guarantor from time to time including (but not limited to) the making of enquiries of persons nominated as trade referees. When you order from us on credit account, we require you to provide your name, address for delivery, your email address, telephone contact and bank account details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware. We undertake to accept or reject your order within five (5) days. If we have not responded to you within five (5) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock. You agree to notify us immediately if your business is transferred to another person or company. You agree that unless notification is made, you will be jointly liable with the transferee for any amounts incurred on your account with us after the transfer.

Freight and Delivery: Please read our shipping page for specifics. Products will be at your risk from the time that they are delivered to the address specified by you when placing your order. To the extent permitted by law, Spectrumceuticals Pty Ltd will not be liable for any damage to the products or deterioration in the products after the products are delivered to the address specified by you. Delivery times mentioned in any quotation, order confirmation or elsewhere are approximate only and are not of any contractual effect. Unless contrary to any relevant law, we are not liable to you for failure to deliver any products or services by a particular date or dates and any delay in delivery will not extinguish your obligation to accept the products or services or to pay for them. Our probiotics will maintain their full potency for several weeks at room temperature without refrigeration, however we include frozen gel packs during shipment to keep them protected and help prevent exposure to extreme heat during postage.

Returns Policy: Unless you notify us within ten (10) days of the receipt of products directly from us under the following conditions you will be liable to pay us in full for any products we deliver to you unless; The products were delivered unfit for resale; or The products are returned to us unopened and in a saleable condition, and: a. they were shipped to you in error; or b. we have expressly agreed to give you a credit. To arrange a product return, telephone our customer service on 1300 852 775 and quote the invoice number, product description, batch numbers, quantity and reason for return. If you return any product outside of the above conditions you will remain liable to us for their full price. We may arrange pickup at our discretion for an authorised return. A freight fee for pick-up of goods of $40 will be charged for returns outside of the Returns Policy as we use Australia Post Express exclusively. Alternatively you can ship to our return address by Australia Post Express from your local Australia Post agent and supply Spectrumceuticals Pty Ltd the tracking number.

Payment, Title, Risk, Property and Ownership: Risk in all products lies with you from the time of delivery to you. Title in the goods passes to you when we have received payment for all debts you owe to us. Until legal title passes to you, agree to store all products at your premises in a manner appropriate to their nature. If you do not pay for any one payment we are entitled to require you return all products to us. We accept Mastercard or Visa credit card payment via this returned order form and ship only on receipt of payment. We reserve the right to charge a surcharge in respect of payments made by credit card that reflect the fees associated with processing these cards and the interest incurred in case of late payments.

Public and Product Liability: We refuse supply of Spectrumceuticals products directly and indirectly to the United States of America or Canada and any claim judgement award or settlement made within any country or territory which operates under the laws of the United States of America or Canada or to any order made anywhere in the world to enforce such judgement award or settlement either in whole or in part. Spectrumceuticals also refuses the direct and indirect supply of Spectrumceuticals products to SPECIFIC TERRITORIES including and not limited to the Republic of Iran, Russian Federation, the Republic of Belarus and Ukraine. Spectrumceuticals shall not be liable to make any payment in respect
of any loss arising out of, based upon or attributable to; (a) any activities in these SPECIFIC TERRITORIES or (b) any claim or investigation or inquiry brought or maintained in SPECIFIC TERRITORIES; or (c) any enforcement of a judgment or decision from SPECIFIC TERRITORIES, in any jurisdiction; or (d) any subsidiary in SPECIFIC TERRITORIES; or any company, organisation, association or joint venture in SPECIFIC TERRITORIES.

SPECTRUMCEUTICALS PTY LTD
ABN 97 160 833 849
Phone Customer Service: 1300 852 775
Fax: 02 9475 5310
Email: orders@spectrumceuticals.com
Unit 8/5 Narabang Way
Belrose, NSW, 2085,
AUSTRALIA