Terms of service

(a)    By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:

(i)    you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii)    you are authorised to use the debit or credit card you provide with your Order.

(b)    Submitting an Order constitutes your intention and offer to enter into a contract with us on the terms set out in Part A and Part C of these terms where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order has been received.

(a)    You may submit an Order as a guest, or you may submit an Order by registering an account through the Website (Account).

(b)    As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

(c)    You warrant that any information you give to us in the course of completing the Account registration process will always be accurate and up-to-date.

(d)    You agree that you are solely responsible for:

(i)    maintaining the confidentiality and security of your Account information and your password; and

(ii)    any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.

(e)   You agree to notify us if you detect any unusual activity on your Account as soon as you become aware of it.

(f)    We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

3.      PRODUCTS

(a)   We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.

(b)   Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery of your Products in accordance with clause 8. You must not refuse delivery.

4.      DISCLAIMERS

(a)   (Results not guaranteed) We cannot guarantee any results from your use of the Products or Website. Everyone is an individual and results may vary. You are responsible for determining whether a Product is suitable for your requirements. By purchasing a Product, you acknowledge and agree that you have satisfied yourself completely on the suitability of the Product for yourself and that you have conducted your own research and enquiries before Purchasing the Product.

(b)   (Not medical advice) We provide you with the Products only. Any information provided on the Website, or on the Products (including on any packaging) is not medical advice and you cannot rely on this information as a substitute for medical advice. Any information provided to you on the Website is not intended to diagnose, teat, cure or prevent any condition. We are not a medical professional and do not provide medical advice. Any information provided to you on the Website or on the Products is information only, based on our research and opinion.

5.      PROMO CODES

(a)   We may offer promotional codes for use on our Website for discounted prices on the Products (Promo Codes).

(b)   If we offer Promo Codes, they are only valid and redeemable in accordance with the process set out on the Website or as otherwise communicated by us to you in writing. We may change the terms of our Promo Codes from time to time.

(c)   You agree that Promo Codes:

(i)   may not be applied retrospectively to an Order;

(ii)   are non-transferrable;

(iii)   cannot be redeemed for cash or store credit; and

(iv)   may be subject to additional terms and conditions.

6.      subscription

(a)   We offer certain Products on a subscription basis as set out on the Website (Subscription).

(b)   If you purchase Products on Subscription, you must pay the fees to us in the amounts and at the times specified on the Website for your chosen Subscription (Subscription Fees).

(c)   (Automatic renewal) You acknowledge and agree that your Subscription will continue to renew on a monthly/bimonthly basis indefinitely (in accordance with clause 6(d)), and you must pay the Subscription Fees in respect of each monthly/bimonthly period, unless you notify us in accordance with clause 6(f) that you want to cancel your Subscription.

(d)   For clarity, your Subscription will renew 1 month after you place your initial Order and following that, your Subscription will renew every 2 months.

(e)   By choosing a recuring payment plan, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recuring charges for the Subscription Fees without further authorisation from you, until you provide written notice (receipt of which is confirmed by us) that you have terminated this authorisation.

(f)   (Cancellation) You may cancel your Subscription at any time by emailing us at support-au@fortero.com. Any notice of cancellation of your Subscription must be received by us at least 48 hours prior to the next scheduled payment date in order to take effect for that period. If you cancel less than 48 hours prior to the monthly renewal of your Subscription, your Subscription will continue as scheduled, and your cancellation will take effect in the following month.

(g)   You will be required to create an Account with us for your Subscription.

7.      PAYMENT

(a)   All prices are:

(i)   per unit (except where indicated);

(ii)   in Australian Dollars; and

(iii)   subject to change prior to you completing an Order without notice.

(b)   (Payment obligations) You must pay for all Products at the time of submitting an Order.

(c)   (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.

(d)   (Card surcharges) We reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e)   (Online payment partner) We use third-party payment providers (Payment Providers) to collect payments for Products, including Stripe for Subscriptions, whose terms are accessible here. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f)   (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.

8.      DELIVERY AND SHIPPING

(a)   (Free Delivery) We may from time to time offer free delivery in Australia on certain Products or carts above a certain amount (Free Delivery). If we do decide to offer Free Delivery, the terms and conditions for Free Delivery will be set out on the Website.

(b)   (Delivery Costs) If your Order does not qualify for Free Delivery, delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

(c)   (Delivery Address) Please ensure your delivery address is correct. We will ship the Products to the delivery address you provide us for your Order. If you have provided an incorrect address, please let us know as soon as possible. We do not provide refunds if you have provided an incorrect delivery address. We do not guarantee that your delivery address will be able to be changed once your Order has been submitted.

(d)   (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Please let us know if there are any issues with delivery and we will endeavour to assist you. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(e)   (International Orders) We reserve the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

9.      cancellations

(a)   (Cancellations by us) We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

(b)   (Cancellations by you) You may cancel your Order up to the time that we email you confirming that we have received your Order. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 10.1 may apply.

10.      returns and exchanges

10.1       refunds AND EXCHANGES

(a)   If you are unhappy with your Product or if there are any issues with your Product, please contact us at support-au@fortero.com.

(b)   Provided you comply with clause 10.1(e), we will, at your request:

(i)   allow you to exchange the Product for other Products of the same value advertised on our Website; or

(ii)   provide you a refund, minus the cost of any shipping paid and a 15% restocking fee.

(c)   You will be responsible for paying the cost of any return shipping.

(d)   To be eligible for an exchange or refund of a Product under clause 10.1(d), the Product must be:

(i)   returned to us within 30 days from when you received it;

(ii)   in its original condition (i.e. in its original packaging and unopen); and

(iii)   accompanied by a copy of the receipt.

(e)   For the avoidance of doubt, any shipping charges paid on your original Order will not be refunded unless there was a shipping error or the Product was faulty in accordance with clause 10.3(e).

(f)   Please contact us at support-au@fortero.com with your request for a return and your order number. Our customer service team will respond to you with instructions for your return.

10.2       other refunds

We will provide a full refund of the price paid for a Product if we determine that:

(i)   a Product you have ordered was not received by you solely due to failure by us;

(ii)   a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

(iii)   a Product is faulty, in accordance with clause 10.3.

10.3       faulty products

The following process applies to any Product you believe to be faulty.

(a)   If you believe your Product is faulty, please contact us at support-au@fortero.com with a full description of the fault (including images).

(b)   If we determine that your Product may be faulty, we will request that you send the Product back to us, at your cost, for further inspection.

(c)   When returning the Product for inspection, it must be returned in its original condition, including any packaging shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.

(d)   If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.

(e)   If we determine that the Product is faulty, you will be credited the full amount paid (including reasonable shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(f)   If you fail to comply with the provisions of this clause 10.3 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund.

(g)   Nothing in this clause 10.3 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

Official Purchase Required for Refunds: 
Refunds will only be honored for products purchased directly from Fortero's official website. Any products purchased from unauthorized dealers or third-party websites will not be eligible for a refund through Fortero. 

11.      THIRD PARTY SUPPLIERS

(a)   We may do any of the following:

(i)   outsource any part of performing any services related to providing the Products, including delivery of your Products; or

(ii)   procure materials and Products from third party suppliers,

without further notice to or permission from you.

(b)   To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

12.      RATINGS AND REVIEWS

(a)   You may be provided an opportunity to rate a Product (Rating) and/or may provide feedback to us regarding our Products and our service (Review) on the Website.

(b)   You must provide true, fair and accurate information in your Review. Ratings must be a true and fair reflection of your opinion regarding a Product.

(c)   You may only provide a Rating for a Product you have purchased and write a Review for your own experience about a Product and our services. You are not permitted to provide a Rating or write a Review on behalf of any other person.

(d)   You acknowledge and agree that we may copy, publish, distribute, translate and otherwise use any Rating and Review on the Website, our social media platforms or in any marketing or promotional material, including any newsletters or mail we may send to our existing and potential customers.

(e)   We reserve the right to remove or delete any Rating or Review for any reason.

 

PART B  FOR WHEN YOU BROWSE THIS WEBSITE

13.      ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

14.      YOUR OBLIGATIONS

You must not:

(a)   copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our written consent;

(b)   use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;

(c)   use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d)   use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e)   use the Website with the assistance of any automated scripting tool or software;

(f)   act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and

(g)   attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i)   gaining unauthorised access to Website accounts or data;

(ii)   scanning, probing or testing the Website for security vulnerabilities;

(iii)   overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv)   instigate or participate in a denial-of-service attack against the Website.

15.      INFORMATION ON THE WEBSITE

15.1       general

(a)   While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i)   the Website will be free from errors or defects (or both, as the case may be);

(ii)   the Website will be accessible at all times;

(iii)   messages sent through the Website will be delivered promptly, or delivered at all;

(iv)   information you receive or supply through the Website will be secure or confidential; and

(v)   any information provided through or on the Website is accurate or true.

(b)   We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

16.      THIRD PARTY TERMS AND CONDITIONS

(a)   You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.

(b)   You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

17.      LINKS TO OTHER WEBSITES

(a)   The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b)   Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

18.      THIRD PARTY PLATFORM – shopify

(a)   This Website is powered by a third party platform (in our case, Shopify) and Shopify’s terms and conditions apply to your use of this Website to the extent applicable to you. Shopify’s terms and conditions can be accessed here.

(b)   To the maximum extent permitted under applicable law and our agreement with Shopify, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

19.      SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

20.      REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us at support-au@fortero.com.

 

PART C   LIABILITY AND OTHER LEGAL TERMS

21.      intellectual property

(a)   We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b)   You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

(c)   We either own all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

(d)   In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

22.      LIABILITY

(a)   To the maximum extent permitted by applicable law, we completely exclude any liability or where liability cannot be excluded, we limit our aggregate liability to $100 to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by us.

(b)   Claims for loss of or damage to Products in transit must be made against the carrier.

(c)   Products sold by us, will have only the benefit of any warranty given, and insurance held, by the manufacturer and in the case where we are considered the manufacturer, any warranty or insurance held by us will only be to the extent required under the Competition and Consumer Act 2010 (Cth).

(d)   All other express or implied representations and warranties in relation to Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.

(e)   Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(f)   (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:

(i)   breach of any of these terms;

(ii)   use of the Website; or

(iii)   use of any goods (including the Products) or services provided by us.

(g)   (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

23.      force majeure

(a)   If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under these terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

(i)   reasonable details of the Force Majeure Event; and

(ii)   so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation. 

(b)   Subject to compliance with clause 23(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(c)   The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

(d)   For the purposes of these terms, a ‘Force Majeure Event’ means any:

(i)   act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii)   strikes or other industrial action outside of the control of the Affected Party; 

(iii)   war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

(iv)   any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

 

24.      NOTICES

(a)   A notice or other communication to a party under this agreement must be:

(i)   in writing and in English; and

(ii)   delivered via email to the other party, (in our case) to support-au@fortero.com and (in your case) to the email address associated with your Account or if you do not have an account, with your Order (Email Address).

(b)   Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i)   24 hours after the email was sent; or

(ii)   when replied to by the other party,

whichever is earlier.

 

25.      GENERAL

25.1       GOVERNING LAW

This agreement is governed by the law applying in Queensland, Australia.

25.2       jurisdiction

Each party irrevocably submits to the exclusive jurisdiction of the courts of California, USA and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

25.3       WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

25.4       SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

25.5       JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

25.6       ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

25.7       COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

25.8       ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

25.9       INTERPRETATION

(a)   (singular and plural) words in the singular includes the plural (and vice versa);

(b)   (currency) a reference to $, or “dollar”, is to Australian currency;

(c)   (gender) words indicating a gender includes the corresponding words of any other gender;

(d)   (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e)   (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f)   (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g)   (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h)   (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i)   (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j)   (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k)   (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.