Terms and Conditions

1. Introduction

1.1. Wel­come to the Aus­tralian web­site (“the Web­site”) owned by Puk­ka Herbs Ltd (a Unit­ed King­dom com­pa­ny) and man­aged by Organ­ic Trad­er Pty Ltd (“OT”).
1.2. OT is the exclu­sive Puk­ka Herbs dis­trib­u­tor in Aus­tralia. We pro­vide goods and ser­vices sub­ject to our Terms and Con­di­tions of Use.
1.3. Our Terms and Con­di­tions may be amend­ed at any time and with­out pri­or notice.
1.4. Your statu­to­ry rights are not affect­ed by our Terms and Con­di­tions of Use.

2. Intellectual Property Rights

2.1. Puk­ka Herbs Ltd is the exclu­sive own­er of the Puk­ka Herbs trade­mark and designs, and all oth­er com­pa­ny names and logos are the prop­er­ty of their respec­tive own­ers. No per­mis­sion is giv­en in respect of the use of any intel­lec­tu­al prop­er­ty on the Web­site, and such use may con­sti­tute infringe­ment of the respec­tive own­ers’ rights.

3. Acceptance

3.1. Your con­tin­ued use of the Web­site con­sti­tutes an affir­ma­tive acknowl­edge­ment and agree­ment by you that you accept and agree to abide and be bound by our Terms and Con­di­tions of Use.

4. General

4.1. These Terms and Con­di­tions shall be gov­erned by and con­strued in accor­dance with the laws of Aus­tralia and New South Wales.
4.2. These Terms and Con­di­tions shall be sub­ject to the non-exclu­sive juris­dic­tion of the courts of New South Wales.
4.3. If any sec­tion of our Terms and Con­di­tions are declared void or unen­force­able, then the remain­ing sec­tions shall be oper­a­tive and con­tin­ue to bind the exclu­sive parties.

5. Limitation of Liability

5.1. Puk­ka Herbs Ltd, OT or sub­sidiaries will not be liable to you for any loss or dam­age caused by us, our employ­ees or our agents in cir­cum­stances where:
5.1.1. there is no breach of duty of care owed to you, by us or by any of our employ­ees or agents:
5.1.2. such loss or dam­age is not a rea­son­ably fore­see­able result of any such breach; or
5.1.3. any increase in loss or dam­age results from breach by you of any of these terms and con­di­tions; or
5.1.4. such loss or dam­age relates to any busi­ness or non-con­sumer loss or dam­age includ­ing, with­out lim­i­ta­tion lost data, lost prof­its and busi­ness interruptions.
5.2. For the avoid­ance of doubt, our lia­bil­i­ty is lim­it­ed to goods sup­plied or offered by OT for:
5.2.1. The replace­ment of the goods or the sup­ply of equiv­a­lent goods; or
5.2.2. the repair of such goods; or
5.2.3. the pay­ment of the cost of replac­ing the goods or acquir­ing equiv­a­lent goods; or
5.2.4. the pay­ment of the cost of hav­ing the goods repaired.

6. Indemnity

6.1. We make no war­ran­ty as to whether any of the prod­ucts or ser­vices on our web­site will meet your require­ments, and you express­ly indem­ni­fy us in the instance that they may not meet your par­tic­u­lar requirements.

7. Online Security

7.1. OT intends to pro­vide you with the safest and most secure shop­ping expe­ri­ence pos­si­ble. Since offer­ings and tech­nolo­gies change, we reserve the right to change, mod­i­fy, add or remove por­tions of our Pri­va­cy Pol­i­cy at any time with­out pri­or notice. 

8. Credit Card

8.1. Organ­ic Trad­er uses the lat­est tech­nol­o­gy to pro­tect your cred­it card infor­ma­tion and will nev­er under any cir­cum­stances release it to any out­side organ­i­sa­tion. You can place your orders using our secure serv­er. Any loss­es sus­tained by the trans­mis­sion of per­son­al infor­ma­tion by e‑mail or Inter­net links shall be borne exclu­sive­ly by the user or member.
8.2. Charges to your cred­it card will be shown as “Organ­ic Trad­er Pty Ltd”.

9. Communication & Marketing

9.1. The Mem­ber con­sents and autho­ris­es OT to col­lect, use and dis­close the infor­ma­tion that OT col­lects in rela­tion to the Mem­ber for the pur­pos­es of:
9.1.1. OT pro­vid­ing goods and ser­vices to Mem­bers, includ­ing pro­vid­ing benefits;
9.1.2. OT mar­ket­ing its goods and ser­vices or the goods and ser­vices of select­ed third parties;
9.2. Please refer to our Pri­va­cy Pol­i­cy for fur­ther details.

10. Delivery Times

10.1. We use all rea­son­able endeav­ours to adhere to the deliv­ery times set.
10.2. Please refer to our Deliv­ery Pol­i­cy for detailed infor­ma­tion on deliv­ery timescales.

11. Returns
    No Quib­bles Guarantee

11.1. If you are not sat­is­fied with a prod­uct that you have bought, please return it to us for a full refund. We regret, how­ev­er, that we can­not refund return postage costs for non-faulty products.
11.2. OT makes every effort to ensure prod­ucts arrive in per­fect con­di­tion. How­ev­er, in the unlike­ly event of a prod­uct arriv­ing dam­aged, cus­tomers should con­tact our cus­tomer ser­vice team with­in 3 days of receipt and return the pack­age with­in 7 days, for a replace­ment to be sent.
11.3. Please see the Deliv­ery Pol­i­cy page for detailed infor­ma­tion on deliv­ery timescales.
If your order has not arrived with­in these timescales, please con­tact Cus­tomer Service:

    Enquiries info@pukkaherbs.com.au
    Orders orders@pukkaherbs.com.au
    Land­line +61 2 8399 0122

    Returns Address:
    Organ­ic Trad­er Pty Ltd
    Unit 13, 809 – 821 Botany Road
    Har­court Busi­ness Park
    Rose­bery NSW 2018

12. Faulty Items & Refunds

12.1. If your pur­chase from OT is found to be faulty, dam­aged or unsat­is­fac­to­ry, please return it to us per the instruc­tions above for a full refund. Refunds for valid claims will be made via the same method of pay­ment as used to place your order.

13. Change of Mind

13.1. If you change your mind in rela­tion to your pur­chase, you may request a refund at any time up to 10 busi­ness days from receiv­ing deliv­ery of the goods. The goods are to be returned in the orig­i­nal and resal­able condition.
13.2. We will issue a refund with­in 10 busi­ness days, or unless stat­ed oth­er­wise, once the goods are received and our returns con­di­tions are satisfied. 

14. Out of Stock Items

14.1. All prod­ucts are sub­ject to availability.
14.2. If prod­ucts are out of stock we will hold your order and con­tact to advise of the antic­i­pat­ed date. If the out of stock item will be either be no longer avail­able or delayed for an extend­ed time – we will noti­fy you via email, can­cel the item from your order, and refund the item in full, or alter­na­tive­ly you may choose anoth­er prod­uct of the same value.

15. Supply

15.1. We hold full rights and dis­cre­tion to refuse sup­ply to any per­son or company.

16. Disclaimer

16.1. All mate­r­i­al on the Web­site is pro­vid­ed in good faith. It is obtained from sources believed to be accu­rate and cur­rent at the date of publication.
16.2. Your use of the Web­site is at your sole risk.
16.3. Access to the Web­site is pro­vid­ed on an ‘as avail­able’ basis.
16.4. Nei­ther OT or its relat­ed enti­ties, nor its or their direc­tors or employ­ees, make any rep­re­sen­ta­tion or war­ran­ty that:
16.4.1. any mate­r­i­al on the Web­site will be reli­able, accu­rate or com­plete (nor do they accept any respon­si­bil­i­ty aris­ing in any way for errors in, or omis­sions from that mate­r­i­al); or
16.4.2. your access to the Web­site will be unin­ter­rupt­ed, time­ly or secure.
16.5. OT will not be liable for loss result­ing from any action or deci­sion by you in reliance on the infor­ma­tion on the Web­site, nor any inter­rup­tion, delay in oper­a­tion or trans­mis­sion, virus, com­mu­ni­ca­tions fail­ure, Inter­net access dif­fi­cul­ties, or mal­func­tion in equip­ment or software.