Terms and Conditions

• Scope: All goods (“Products”) from this website are supplied by Vital Veggies on these terms and conditions. In using the website the customer accepts these terms and conditions.

• Orders and Acceptance: Vital Veggies reserves the right of acceptance for all orders. An order does not become so until accepted by Vital Veggies . No order may be cancelled or varied after acceptance by Vital Veggies

• Payment Terms: All orders are accepted by Vital Veggies as pre-paid via online shop facility.

• Title of Products: Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Vital Veggies. Risk in the Products will pass on delivery to the Customer.

• Delivery

  • Where prices are stated as inclusive of delivery, delivery is effected from the Australian factory to the delivery point specifically accepted by Vital Veggies.
  • Delivery may not be refused by the Customer. Three attempts will be made for delivery after which it is the customer’s responsibility to effect collection from Vital Veggies’ designated carriers transport terminal.
  • Any inspection charges, import duties and/or taxes levied on importation to the customer’s country are to be paid by the Customer.

• Returns: Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer’s order may be returned to Vital Veggies within a reasonable time after the Customer has had a reasonable opportunity of inspecting the Products.

  The Customer may otherwise return Products to Vital Veggies and obtain a credit:

  • except for specially manufactured products, which may not be returned;
  • provided that they do so within 14 days of delivery and a return authorisation is obtained from Vital Veggies;
  • provided that the Products are in their original packaging, and otherwise as new and in a saleable condition;
  • at the Customer’s own expense.
  • on the basis that risk in the Products remains with the Customer until the Products are received by Vital Veggies.

  Notwithstanding the provisions of this clause 6, Vital Veggies will not accept a returned Product where the Customer has caused the Product to become unmerchantable or failed to take steps to prevent the Product from becoming unmerchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer.

• Custom Made Product: Where Vital Veggies manufactures a specific product for you against your order and the product is in accordance with the order the customer must accept the goods. For custom designs where the customer supplies images of any kind the customer indemnifies Vital Veggies against all claims, demands, loss, costs and expenses incurred by or made against Vital Veggies, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Vital Veggies may use, print or reproduce at the Customers request.

• Liability: The products are warranted for 12 months from date of sale against normal usage. The liability of Vital Veggies under or arising out of the supply of goods shall be limited to the replacement of the goods.

  Except to the extent the law provides that liability is not able to be excluded, Vital Veggies shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, or loss of use) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products supplied by Vital Veggies or the failure of Vital Veggies to comply with these terms and conditions.

• Conflicts: These terms and conditions will apply to the exclusion of all other terms and conditions. In the event of any inconsistency, Vital Veggies will be deemed, by delivering the Products to the Customer to have made an offer to the Customer to sell the Products pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products. Vital Veggies reserves the right to change these Terms and Conditions at any time.

• GST: Australian transactions are GST inclusive and a Tax Invoice will be issued.

• Jurisdiction: These terms and conditions are governed by and will be construed in accordance with the laws of South Australia and the parties agree to submit to the jurisdiction of the courts of that state.

• No Waiver: The failure by Vital Veggies to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.