That’s It AU – Website Terms & Conditions

OVERVIEW

This website, thats-it.com.au, is operated by FQP Australia Pty Ltd trading as OSA Brands (ABN 55 662 812 062), the authorised Australian distributor of That’s It. Throughout this website, “we”, “us” and “our” refer to FQP Australia Pty Ltd trading as OSA Brands.

We are the seller of products purchased through this website. The That’s It brand is owned globally by its New Zealand-based founders, Ben and Ness. Australian orders are dispatched from our Melbourne warehouse, and our Australian team handles enquiries, orders, delivery questions and returns.

These Terms of Service govern your use of this website and purchases made through it. Please read them together with our Shipping, Refunds and Returns, Privacy and Payment Policies, which are available through the links on this website.

Our store uses Shopify’s ecommerce platform. Your purchase contract is with us.

Nothing in these terms or our other policies excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

SECTION 1 – ONLINE STORE TERMS

You must have the legal capacity to enter into a binding agreement to place an order. If you are under 18, a parent or guardian must place the order on your behalf.

You must use this website lawfully. You must not introduce malicious code, interfere with its operation or security, or use it to infringe another person’s rights.

Use products in accordance with their labels, directions and warnings.

SECTION 2 – GENERAL CONDITIONS

We may restrict access to this website where reasonably necessary to address fraud, unlawful activity, security risks or a material breach of these terms.

Any restriction will not remove your rights relating to purchases already made, including your rights under the Australian Consumer Law.

Website content is protected by intellectual property laws. You may browse and use it for personal shopping purposes. Commercial reproduction or use requires permission from the relevant rights holder, except where permitted by law.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We take reasonable care to keep product descriptions, prices, availability and other website information accurate and current.

If we identify an error, we will correct it as soon as reasonably practicable. If it materially affects an order you have placed, we will contact you to explain the issue and discuss an appropriate resolution.

General product information does not replace the directions and warnings on the product label or personalised advice from a qualified health professional.

Nothing in this section limits our responsibility for product descriptions, representations or other obligations under applicable law.

SECTION 4 – MODIFICATIONS TO THE WEBSITE AND PRICES

We may update website content, change prices or discontinue products from time to time.

Price changes apply to future purchases. We will not increase the price of an order already accepted without your agreement.

Website access may occasionally be interrupted for maintenance, updates or technical reasons. This does not remove our obligations relating to existing orders.

SECTION 5 – PRODUCTS

Products are subject to availability. We may apply reasonable purchase limits, including limits disclosed in a promotion or limits intended to prevent unauthorised resale.

We take reasonable care to display product images and colours accurately, although screen settings may affect their appearance. This does not limit your right to receive products that match their description.

Product ingredients, directions and warnings may vary. Please check the information for the specific product you are purchasing and read the label before use.

Our Refunds and Returns Policy explains our voluntary change-of-mind returns offer and how to request assistance with a product issue. Change-of-mind conditions do not limit your rights under the Australian Consumer Law.

SECTION 6 – ORDERS, BILLING AND ACCOUNT INFORMATION

Please provide accurate and complete contact, billing and delivery details when placing an order. Let us know promptly if anything needs correcting.

An automated order acknowledgement confirms receipt of your order. We accept your order when we send a dispatch confirmation, unless we expressly confirm acceptance earlier.

Before acceptance, we may decline an order on reasonable grounds, such as unavailable stock, suspected fraud, an inability to deliver to the address supplied or a significant pricing error. We will notify you and refund any payment taken for an order we decline.

If a problem arises after acceptance, we will contact you and resolve it in accordance with your legal rights. We will not substitute products or require additional payment without your agreement.

For customer-requested changes or cancellations, contact admin@thats-it.com.au as soon as possible. Changes may not be possible once an order has been packed or dispatched. Your statutory rights remain unaffected.

SECTION 7 – PAYMENTS AND THIRD-PARTY TOOLS

Available payment methods are displayed at checkout. Prices and payments are in Australian dollars. Applicable taxes and delivery charges will be shown before you complete your purchase.

Payments are processed through the payment providers available at checkout. Please refer to our Payment and Privacy Policies for further information.

We may provide optional tools or features supplied by third parties. Any separate terms that apply will be identified where relevant.

Using third-party providers to operate our store or process payments does not remove our responsibilities to you as the seller.

SECTION 8 – THIRD-PARTY LINKS

This website may contain links to external websites for additional information or convenience.

Those websites are operated independently and have their own terms and privacy practices. We do not control their content.

This section does not limit our responsibility for our own representations, products sold through this website or services we arrange as part of fulfilling your order.

For assistance with a purchase from this store, please contact our Australian team.

SECTION 9 – USER COMMENTS, REVIEWS AND OTHER SUBMISSIONS

You may submit genuine reviews, feedback and other content where this website allows.

Your submissions must be accurate to the best of your knowledge and must not be unlawful, misleading, abusive or infringe another person’s rights. Please do not include sensitive personal information in public reviews.

When you submit content intended for publication, such as a product review, you give us permission to display it and make reasonable formatting edits without changing its meaning. You retain ownership of your content.

We may remove submissions that breach these conditions. We will not treat private customer-service correspondence as permission to publish it as a testimonial.

Personal information is handled in accordance with our Privacy Policy.

SECTION 10 – PERSONAL INFORMATION

We handle personal information in accordance with our Privacy Policy, available through the Privacy Policy link on this website.

Please review that policy for information about how we collect, use, disclose and protect personal information and how to contact us about privacy matters.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, errors may occur in product information, pricing, promotions, delivery estimates or stock availability.

We will correct errors when identified. Where an error affects your order, we will contact you promptly and explain the available options.

Any correction, cancellation or refund will be handled consistently with Section 6 and your rights under applicable law. We will not change an accepted order’s price or substitute a product without your agreement.

SECTION 12 – PROHIBITED USES

You must not use this website to:

(a) engage in unlawful or fraudulent activity;
(b) impersonate another person or provide deliberately misleading information;
(c) infringe intellectual property, privacy or other legal rights;
(d) publish unlawful, threatening, discriminatory or abusive content;
(e) introduce viruses or other harmful code;
(f) gain unauthorised access to accounts, systems or personal information;
(g) send spam or conduct phishing activities; or
(h) interfere with the website’s security or operation.

We may take reasonable steps to address prohibited use, including restricting access where necessary. This does not remove your existing consumer rights.

SECTION 13 – CONSUMER GUARANTEES AND LIABILITY

Products purchased from us are covered by applicable consumer guarantees under the Australian Consumer Law.

These include guarantees relating to acceptable quality, fitness for a purpose made known to us where applicable, and correspondence with product descriptions.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, remedy or other right that cannot lawfully be excluded, restricted or modified.

If a product does not meet a consumer guarantee, we will provide the remedy required by law. For a major failure, you may reject the product and choose a refund or replacement. For other failures, the available remedy depends on the circumstances and may include repair, replacement or refund.

You may also be entitled to compensation for reasonably foreseeable loss or damage caused by a failure to meet a consumer guarantee.

Our voluntary change-of-mind returns conditions, including time limits and packaging requirements, do not limit these statutory rights.

Responsibility for other loss or damage will be determined under applicable law. These terms do not impose a blanket exclusion of liability for our products, negligence or other conduct.

To raise a product issue, contact admin@thats-it.com.au with your order details and a description of the problem.

SECTION 14 – RESPONSIBILITY FOR MISUSE

You are responsible for your own unlawful conduct and misuse of this website.

Any claim relating to that conduct will be assessed under applicable law, taking account of the circumstances and each party’s contribution to the loss.

This section does not require you to indemnify us for our own negligence, breach of these terms or unlawful conduct.

SECTION 15 – SEVERABILITY

If a provision of these terms is found to be invalid or unenforceable, it will be severed to the extent necessary. The remaining provisions will continue to apply where they can operate independently.

This does not affect rights or remedies that cannot lawfully be excluded.

SECTION 16 – TERMINATION OR RESTRICTION OF ACCESS

You may stop using this website at any time.

We may suspend or restrict access where reasonably necessary to address a material breach of these terms, unlawful activity, fraud or a security risk.

Where reasonably practicable, we will explain the reason and provide an opportunity to resolve the issue. Immediate action may be necessary for serious breaches or security risks.

Stopping or restricting website access does not automatically cancel accepted orders or remove existing rights, refund entitlements or obligations.

SECTION 17 – THESE TERMS AND OUR POLICIES

These terms and the policies expressly referred to in them set out the conditions applying to this website and purchases made through it.

They do not exclude rights arising from product descriptions, representations or promises where those rights are protected by law.

If a policy or another part of these terms conflicts with a non-excludable legal right, that legal right prevails.

A delay in exercising a right does not, by itself, mean that the right has been waived.

SECTION 18 – CHANGES TO THESE TERMS

We may update these terms by publishing a revised version with its effective date.

Updates apply prospectively. Orders already placed remain subject to the terms applying when they were placed, unless we agree otherwise with you or a change is required by law.

Updates do not remove rights or obligations that have already arisen.

SECTION 19 – CONTACT INFORMATION

For questions about these terms, Australian orders or product support, please contact:

FQP Australia Pty Ltd trading as OSA Brands
ABN: 55 662 812 062
Authorised Australian distributor of That’s It

Email: admin@thats-it.com.au
Phone: +61 3 9775 1916

Warehouse, dispatch and returns:
Unit 14/21 Yazaki Way
Carrum Downs VIC 3201
Australia

Our warehouse is not open to the public. Please contact us before sending returns.

SECTION 20 – GOVERNING LAW

These terms are governed by the laws of Victoria and the applicable laws of Australia.

The courts of Victoria have non-exclusive jurisdiction. Nothing in this section limits any mandatory consumer protection or any right you have to bring proceedings in another competent court or tribunal.