Alive Organics may include links to other sites. These are provided as a convenience to you. We do not endorse or take responsibility for any of the information found on linked sites. Linked sites are not necessarily associated with Alive Organics.
IMPORTANT NOTE TO THOSE WITH FOOD ALLERGIES AND INTOLERANCES
Our products are packed at the facilities of our suppliers and Alive Organics cannot guarantee that our products have not come into contact with, or contain traces of other products that are, or contain allergens such as nuts, soy, dairy, egg, bee products etc.
Your satisfaction is most important to us. However, we do realize that problems occur. In the event you are not satisfied with an item purchased at our online store, you may return it for a credit of the product cost.
Insect attack and mould
If what you receive from us is being attacked by an insect, please notify us within 48 hours of receipt. Alive Organics cannot accept responsibility for an insect infestation if not notified within 48hrs of receipt.
Food grown & stored without herbicide or pesticide additives is sometimes more prone to infestation attack. For example, some moth eggs may find their way into the food during the process from pasture to table. We keep foods susceptible to weevils, moths, etc. in a cool room to prevent any issues like this arising. Despite the best cleanliness standards at our warehouse, these eggs may then hatch in transit to you. The transport companies used are not refrigerated and goods could sit in depots over nights or weekends waiting for next stage of delivery. This could also lead to problems with mouldetc. particularly in hot and damp conditions. We recommend you seriously consider what you are ordering if delivery time is more than 2-3 days from dispatch.
We recommend that all grains, cereals, flours, pulses, etc. are kept very cool and dry, for best protection refrigerated, especially Organic produce. If any infestation of insects occurs, ascertain what it is and then freeze the produce for at least 3 days. Please do not hesitate to call us with any queries about what type of insect it may be.
If the infestation is extreme, and beyond repair, we will be happy to send out a replacement or refund you if you contact us within 48 hours of receipt.
Our website has been put together with a lot of care and hard work. However, we are human and sometimes make mistakes. We advise you to thoroughly check LIST OF INGREDIENTS and FOOD INTOLERANCES when you order. We also welcome feedback on any aspect of our website to make your shopping experience easier.
Each state and territory within Australia has its own quarantine laws and lists of permissible plant/food items that can be sent across state boundaries. The onus is on you, the customer, to know and understand these laws and only order what you know can be safely imported from one state into yours.
Quarantine inspectors can and will open boxes that are of concern and will confiscate items that aren’t permissible.
Goods damaged or confiscated by Quarantine or freight companies inspecting in the presence of quarantine inspectors are not the responsibility of Alive Organics
Lost or Damaged in Transit
From time to time articles go missing or get damaged in transit – it is rare but it does happen. Nothing will leave Alive Organicsin a damaged condition.
Once goods have left here they are the responsibility of the freight company, not Alive Organics, but it is worth making enquiries about possible insurance cover if you are placing a large order as freight companies do have varying clauses etc. within their policies. For example an article could go missing and turn up a week later but have sat around a warehouse causing goods to be heat damaged. The item is delivered in an unsatisfactory condition, but who’s responsible?
Alive Organics staff will be happy to assist, wherever possible, in the tracking and resolving of these issues but we are not responsible or liable for errors incurred by freight companies.
Terms and Conditions
- Alive Organicsaccepts no responsibility for goods ordered and received that conflict with your dietary requirements e.g. gluten intolerance. We have clearly displayed in “Disclaimers – Allergies” what our risks of cross contamination are. It is the responsibility of the customer to ensure that the goods are suitable for their intended use. We reserve the right not to accept back goods that have been purchased in error.
- Customers must check all goods received upon receipt and before signing for it. If this is not possible, then within 48hrs of receipt. If you are unhappy with the quality or freshness, or if there is an insect attack, you must contact us within that 48hrs to discuss the possibility of refund or replacement. Alive Organicsreserves the right to refuse to refund or replace goods that aren’t notified to us as unsatisfactory in the 48hrs from receipt.
- Customers are responsible for knowing and understanding the quarantine laws that apply to your state. Alive Organics is not liable for goods ordered and dispatched that are then confiscated or damaged through quarantine inspections.
- Alive Organicstakes no responsibility for stock damaged or lost in transit. Alive Organicsstaff will assist you in tracking your goods where possible but final responsibility lies with the freight companies.
- Alive Organicswill take no responsibility for orders that have been placed where the customers have made by mistake in their order
- Your Details
1.1.Alive Organics will store personal details only to keep newsletter subscribers up to date.
1.2. It is not the policy of Alive Organicsto sell or exchange personal details.
1.3. Your details will be kept solely for the purpose of subscription updates; you will be removed if requested.
Place of Applicable Law
- Alive Organics is registered in Australia. Materials on this site are directed solely at those who access it within Australia. Those accessing this site from other locations are responsible for compliance with local laws if applicable. You and we each submit to the exclusive jurisdiction of the Australian courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Australian Law shall govern this Agreement.
- Website Content
3.1. Reasonable care has been taken by Alive Organics in the design, layout and content of this site. However, to the extent permitted by applicable law, Alive Organics disclaims all warranties, express or implied, as to the accuracy of the information contained in any materials within this site.
3.2. Alive Organics shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained within this site.
3.3. Links within this site will lead to sites which are not under the control of Alive Organics. When you activate these you will leave the Alive Organics site, Alive Organics will not accept any responsibility or liability for the material on any other site asAlive Organicshas no control over any other site.
3.4. We aim to provide the most accurate information on our website, however in the case of typographical errors or information, which is not correct,Alive Organics reserves the right to correct the error and any actions leading from it.
- Limitation of Liability
4.1. You agree that Alive Organics shall not be liable either in contract, tort, negligence and statutory duty or otherwise for any:
4.1.1. Loss of profits, goodwill, revenue or any type of consequential, indirect or special loss or damage whatsoever arising from or in any way connected with this Agreement
4.1.2. Direct damage or loss, including damage or loss which is reasonably foreseeable or occurs naturally in the course of things, resulting in any acts, omissions, failures or delays occurring to, on or in relation to those parts of the Internet not under Alive Organics direct control, including, without limitation, loss or damage of business, loss of sales, non-payment of monies due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss, even where Alive Organics has been advised of the possibility of such damage or loss.
4.2. You agree that, except in relation to such liability as has been expressly excluded in clause 5. the maximum aggregate of liability of Alive Organics in contract, tort, negligence, statutory duty or otherwise, even where Alive Organics has been advised of the possibility of such damage or loss, for any damage or loss arising from or in any way connected with:
4.2.1. any defect in a product
4.2.2. any failure by Alive Organics to process signals, data, information, orders or messages correctly or in a timely manner, or any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them, and any liability not excluded by this Agreement shall, in respect of any one or more events or series of events, connected or unconnected, taking place within any twelve month period be limited in the case of defects falling within clause 5. to the price of the relevant goods. This limit shall also apply in the event that any exclusion or other provision contained within this Agreement is held to be invalid for any reason and Alive Organics becomes liable for damage or loss that could otherwise have been limited.
4.3. You agree and acknowledge that you are in a better position than Alive Organics to foresee and evaluate any potential loss or damage that you may suffer in connection with the goods and services provided by Alive Organics, and therefore that Alive Organics cannot adequately insure in respect of such liability. You warrant to Alive Organics that you will insure against, or bear yourself, any loss for which Alive Organics has excluded liability
4.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some limitations set out in clause 5. may not apply to you.
4.5. Nothing in this Agreement shall affect the statutory rights of any customer, exclude or restrict any liability for death or personal injury arising from negligence or fraud of Alive Organics.
Save to the extent that it falls within the provision of Delivery you shall indemnify Alive Organics and any third party, including its sub-contractors, from and against any liability, losses, rights expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement and expenses, including legal charges, arising from your use of the Alive Organics site or purchase of goods/services from that site which are brought or threatened against Alive Organics or suffered or incurred by Alive Organics by another person or entity.
All pictures, photographs, text, design and layout of the Alive Organics site remain the copyright of Alive Organics. You may print portions of the Alive Organics site for your personal and non-commercial use.
Use of any content of the Alive Organics site is strictly prohibited without prior written consent of Alive Organics and its Directors.
- Beyond Reasonable Control
Alive Organics shall not be held liable for any breach of this Agreement caused by circumstances beyond its control, but not limited to Acts of God, fire, lightening or extremely severe weather conditions, explosions, war, disorder, floods, industrial disputes, whether or not involving our employees, acts or omissions of internet service providers or acts of local or central Government or other competent authorities.
In the event that any term of this Agreement is held to be invalid or Unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
- SAWO Organics Pty. Ltd.
Any reference to Alive Organics includes SAWO Organics Pty. Ltd. trading as Alive OrganicsACN 166 235 972, its directors, officers, servants or agents and related entities and permitted assigns.