Terms of Service

These Terms of Service (“Terms”) govern your use of the website located at https://apex-wellness.store("Website"), and the purchase of products from this Website. By accessing, browsing or placing an order via the Website, you agree to be bound by these Terms. If you do not agree to them, do not use the Website or place orders.

1. Definitions

We / Us / Our / Apex Wellness: refers to the owner/operator of the Website, its affiliates, employees, agents.

You / Your / Customer / User: any person who accesses or uses the Website, or places an order for goods via the Website.

Products / Goods: the items offered for sale via the Website.

Order: a request by you to purchase one or more Products via the Website.

2. Acceptance of Orders

All orders are subject to acceptance by us. We may refuse or cancel an order for any reason, including but not limited to product availability, error in pricing or description, or inability to deliver to your location.

You agree that until we have accepted your order and processed payment, no binding contract is formed.

3. Pricing & Taxes

All prices on our Site are listed in Australian dollars (AUD).

Unless stated otherwise, prices are inclusive of Goods and Services Tax (GST) for Australian customers. Shipping costs (if any) will be added at checkout and will be clearly displayed before you complete your purchase.

We may change our prices from time to time. Any changes will not affect orders that have already been accepted.

4. Shipping, Delivery & Title

We will ship to the address you provide. You must ensure the address is correct. We are not responsible for loss or failed delivery due to incorrect address supplied by you.

Delivery times are estimates only. Delays may occur due to postal / courier or customs, etc.

Title and risk in the Goods pass to you when the goods are delivered to the address specified in your order (or if you arrange your own courier/pick-up, upon transfer).

5. Returns, Refunds & Australian Consumer Law

5.1 Australian Consumer Law
We comply with the Australian Consumer Law (ACL). This means you are entitled to a refund, repair or replacement where a product has a major failure or is otherwise faulty, damaged, not as described or not fit for purpose. Nothing in these Terms is intended to exclude or limit any rights you have under the ACL that cannot be excluded.

5.2 Our Returns & Refunds Policy
In addition to your rights under the ACL, we have a Returns & Refunds Policy that sets out how we handle requests for refunds, returns and replacements. This policy forms part of these Terms and is available here:
- https://apex-wellness.store/pages/returns-policy

To the extent permitted by law, and as explained in our Returns & Refunds Policy:

  • "we generally only offer refunds or replacements where a product is faulty, damaged or not functioning as described," and
  • "we do not offer refunds for change of mind, ordering the wrong item, personal preference, unmet expectations, or inability to use the product due to your own medical or personal circumstances, where the product itself is not faulty."

If you believe your product is faulty or not as described, you must contact us within the timeframe set out in our Returns & Refunds Policy and provide any requested information (such as photos or videos) so we can assess your claim.

5.3 Return Process
If we agree that a refund or replacement is appropriate under the ACL or our Returns & Refunds Policy, we will provide you with instructions on how and where to return the product (if a return is required).

You are responsible for ensuring the product is packaged securely for return. We may refuse a refund or replacement where a returned product has been damaged due to improper packaging or misuse, except to the extent required by law.

5.4 International Customers
We are an Australian business and these Terms are governed by the laws of South Australia, Australia. If you are purchasing from outside Australia, you may also have mandatory rights under the laws of your local jurisdiction. Nothing in these Terms is intended to exclude any such rights to the extent they cannot be excluded, however our contractual returns and refunds are otherwise governed by Australian law and our Returns & Refunds Policy.

6. Intellectual Property

All content on the Website, including text, graphics, logos, images, video, design, compilations, software etc., is owned by or licensed to us, and protected by applicable copyright, trademark, and other intellectual property laws.

You may view, download or print content from the Website for your personal, non-commercial use only. Any other use (including reproduction, modification, distribution, republication, display or performance) requires our prior written permission.

7. Prohibited Activities

You must not:

Use the Website for any unlawful purpose.

Post or transmit anything that is defamatory, obscene, harassing, hateful, or otherwise objectionable.

Upload files that contain viruses or other harmful code.

Attempt to gain unauthorized access to any part of the Website or its systems.

Interfere with or disrupt the Website or servers or networks connected to the Website.

8. Limitation of Liability & Disclaimers

To the fullest extent permitted by law, Apex Wellness and its officers, employees, agents or suppliers will not be liable for any direct, indirect, incidental, consequential, special or punitive damages arising out of your use of, or inability to use, the Website or Products.

We make no warranties that the Website or Products will meet your requirements, that service will be uninterrupted, error free, or secure.

If any part of these limitations is invalid or unenforceable under applicable law, that part is to be severed / modified so as to protect the remainder of the Terms.

9. User Accounts (if applicable)

If you create an account on our Website, you must keep your login credentials secure and not share them.

You must provide accurate, current and complete information when you register.

We reserve the right to suspend or terminate your account if you breach these Terms, or for any other reason we deem necessary.

10. Changes to These Terms

We may update or amend these Terms from time to time. The “Last updated” date above will reflect when changes were made.

If we make material changes, we will try to notify you (e.g. via email or a notice on the Website). Continued use after changes constitutes acceptance of the updated Terms.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of South Australia.

Any dispute arising under these Terms will be subject to the non-exclusive jurisdiction of courts in South Australia

Before initiating legal action, you and we agree to attempt to resolve any dispute informally (e.g. via contact, negotiation, mediation).

12. Severability & Waiver

If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will continue in full force.

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

13. Contact Information

If you have any questions, concerns, or notices under these Terms, please contact us:

APEX
Golden Grove, 5125, SA
Email: info@apex-wellness.store