Terms of service

Terms and Conditions

Gentil Pty Ltd (ACN 658 180 173) (“We”, “Our” or “Us”) operates the website at www.gentilhealth.com.au (“Website”). Access to and use of the Website and the purchase of products available through the Website (Products) is subject to the following terms.

By using the Website (and/or buying Products), you signify you agree to these terms and condition and consent/agree to our Privacy Policy (available on the Website) and Medical Disclaimer including as may be updated by us from time to time (Terms and Conditions). Your affirmative act of using the Website constitutes your electronic signature in respect of these Terms and Conditions and your consent to enter into agreements electronically with us.  Our Privacy Policy and Medical Disclaimer each form part of the Terms and Conditions. A breach of our Privacy Policy constitutes a breach of the Terms and Conditions. You also consent to resolve any disputes with us in New South Wales, Australia.  

If you do not agree with the Terms and Conditions, that is your decision.  You must, however, stop accessing and using our Website and you must not purchase any Products through our Website.

By using this Website and purchasing any Products you warrant that you are over 18 years old or have obtained the consent of your parent or guardian if you are under 18 years of age, and have the capacity to enter into a legally binding contract with us. If you access our Website from outside Australia, you do so at your own risk and you are responsible for following applicable laws and regulations where you access our Website.

The terms set out below constitute an agreement between you and us and these Terms and Conditions govern you use of the Website.  

PART A: Terms and Conditions for the Sale of Products on our Website

General

The Products (defined below) sold by us are sold on these Terms and Conditions and any additional terms and conditions which may be notified to you at the time of placing your order, for example, promotional terms and conditions.

All purchases are for personal use only. You must not make any purchases for any commercial purpose.

If you set up an account to purchase Products, it is your responsibility to keep your account details and password private.

Definition - Products

Products” (plural or singular) means complementary medicine products including dietary supplements, nutritional supplements and herbal medicines and other products including but not limited to skin care preparations, cosmetics, toiletries, cleansers and lubricants, which are available for purchase on the Website from time to time. 

Placing an order

To be able to buy Products you must:

  • follow all instructions on the Website;
  • provide the information as requested including your name, email, payment details; and
  • provide a delivery address.

You will be directed to the checkout page where you will be provided details of your order.  The fees for our Products are set out on the Website or will otherwise be provided to you in writing from time to time.  All fees are in Australian dollars (AUD) and will include GST (where applicable).  You should review your order carefully, check the total price and the other information you have provided to ensure it is all correct. 

Once you have submitted and confirmed your order using the Website, we will send an email to the email address you provided, acknowledging receipt of the order, and setting out details of the ordered products or services (Confirmation Email). Your order constitutes an offer to purchase the Products on these Terms and Conditions and as set out in the Confirmation Email.

We may choose not to accept your order for any reason.

If, after receiving your order, we are unable to provide all or part of your order for any reason, we may need to cancel your order.  We will notify you of this and refund any money paid for the part of the order that we cannot provide.

A contract between us for the purchase of the Products will not be formed until we accept your order, your payment has been approved by us and your credit or debit card has been debited.

We will endeavour to email you to confirm that your order has been dispatched (Shipment Email).

Payment

You must pay for the order in full at the time of ordering by using one of the payment methods available on the Website, which may change without notice from time to time.  Each of the payment methods are also subject to the terms and conditions of the payment processor (including any fees and charges they apply to your transaction – which are your sole responsibility to pay), and by proceeding with an order on the Website you expressly warrant you have read, understand and agree to those terms (Processor Terms).  We are not a party to the Processor Terms and are not liable to you in any way as a result of the Processor Terms (including any fees and/or charges they may apply to your transaction).

By placing an order on our Website, you consent to us performing any reasonable security, credit, and other checks including by transmitting details about you to or from third parties to verify the information provided.

If a payment cannot be processed, you will be notified. You will then need to contact the card issuer or payment processor directly and endeavour to resolve the issue directly. You will be solely liable for any fees and/or charges incurred in respect of the failed transaction. 

If we do not receive the authorisation that the payment has been processed, we will cancel your order.

Price

  • The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Confirmation Email.
  • If you place additional or separate orders after receiving the Confirmation Email these will be separate transactions and you may incur additional shipping and handling charges for such additional orders.
  • Prices for the Products as shown on the Website include GST or other applicable taxes unless stated otherwise. Separate charges for shipping, handling and their related GST or other taxes will be identified on the Website.
  • Prices are in Australian Dollars, unless otherwise specified.
  • If you are located outside of Australia, any and all customs fees, duties, bank fees/charges and/or import taxes which are imposed on your Product orders are your sole responsibility.

Shipping

Please refer to our Shipping Policy to better understand the timeframes and costs associated with shipping your order. This shipping policy forms part of these Terms and Conditions.

Delivery

We aim to deliver our Products to you in the timeframes set out in our Shipping Policy or as otherwise advised to you.  We may use delivery partners to deliver your order. 

We, or our delivery partner, will try to let you know if we expect to be unable to meet our estimated delivery date or time, but to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges, or expenses arising out of late or delayed delivery.

The Products will be at your risk from the time of delivery to the address that you provided.  We are not liable for any loss or damage to the Products after delivery.

When you place an order, you provide authority to leave the items purchased at the address specified in your Order.  If the delivery driver deems the area unsafe at their discretion, you will be advised of the next steps of where you can collect your order. If you do not collect your order within a reasonable period of time, your order will be returned to us, and you will need to contact us to make arrangements. We reserve the right to apply further delivery charges.

Cancellations and Returns

Please refer to our Returns Policy which forms part of these Terms and Conditions.

To avoid doubt, nothing in our Returns Policy restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law (ACL). We encourage you to learn more about your rights and the consumer guarantees in respect of the ACL on the ACCC website:

https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees

Correcting errors

We try to make sure that all descriptions and prices which appear on our Website are accurate, however, sometimes there may be information that contains typographical errors, inaccuracies, or omissions relating to matters including but not limited to Product descriptions, pricing, availability and offers.  We reserve the right to correct errors in pricing, Website content and product descriptions and we reserve the right to refuse or cancel any order if any information on the Website is inaccurate at any time without prior written notice (including after you have submitted your order).  

PART B: Warranties - Products

Subject to your rights set out in the ACL, we make no express warranties or guarantees in respect of the Products and exclude all liability to you (to the fullest extent permitted by law).  Nothing set out in these Terms and Conditions precludes, impedes, inhibits or modifies any terms, conditions or warranties that are permitted by law (including the ACL). 

Some of our Products may contain substances that contain potential allergens which could give rise to an allergic reaction, illness or adverse outcome for the user/consumer.  Some ingredients such as herbs, vitamins and minerals or other substances can be contraindicated for persons who are pregnant, breastfeeding or otherwise have a medical condition or disease.   You should review the ingredients in respect of our Products prior to purchase.  If you are unsure about any ingredient listed in our Products, please contact us for further information.   If you use and/or consume our Products and experience an adverse (including allergic) reaction you should contact us and seek medical assistance as soon as possible (as necessary).   You agree that we are not liable in any way for an adverse (including allergic) reaction to a Product and any such reaction does not give rise to a basis for refund or Product replacement. 

We warrant that our Products will be free from defects in materials and fit for purpose up to the expiry date listed on the Product and/or product packaging.   Product descriptions or specifications are for information purposes and product identification only and do not constitute and should not be misconstrued as a warranty.  

You consume our Products at your own risk and we do not warrant any specific health or wellness result or outcome.  We do not warrant that use and/or consumption of any of our Products will cure, alleviate, mitigate or relieve any disease, sign, symptom, syndrome and/or condition.  

Any information or guidance provided by us on our Website or elsewhere (including social media platforms) in respect of the Products is not intended and should not be misconstrued as a substitute for a consultation, diagnosis and/or medical treatment of your medical practitioner.   You are advised not to delay obtaining medical advice or treatment, ignore medical advice/treatment recommendations and/or cease any medical treatment based on the information provided on our Website or any other materials that we provide or communicate to you from time to time.   You are responsible for decisions you make in respect of your health and wellness and we encourage you to discuss and inform your medical practitioner (and/or other health professionals) of your use of the Products.  

To the fullest extent of the law, we are not liable for any consequential loss suffered by you or any person.  

The total liability applicable to our Products for failure to comply with Part B Warranties is the replacement of the Products, refund of purchase price of the Products acquired by you in the relevant transaction or substitution of equivalent Products to the same value as the relevant transaction.  The remedy provided to you is at our sole discretion.    

In the event that you contravene these Terms and Conditions, you will be solely responsible for any liabilities we incur arising in respect in respect of your use of the Products (including any costs and expenses we incur in this respect).     

We recommend you review our Medical Disclaimer which can be found at [include link] on the Website which also forms part of the Terms and Conditions.  

PART C: General Terms and Conditions

Changes to the Terms and Conditions

We may amend these Terms and Conditions from time to time with or without further notice to you and without giving you any explanation or justification for such change. Amendments will be effective immediately upon being published on this Website.

You should check this page regularly to ensure you are aware of our current Terms and Conditions.

Your continued use of this Website constitutes your acceptance to these Terms and Conditions, including any amended terms and conditions as and when they are published on this Website.

Unavailability of Website

Access to this Website is permitted on a temporary basis. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website for business or operational reasons.

What you must not do on our Website

You may only use this Website for lawful purposes and in accordance with these Terms and Conditions. You must not misuse this Website and you agree that you will not:

  • Reproduce, distribute, re-transmit, re-post to any other website, or “frame” on any other website, the Website or the materials contained in the Website, or link to our Website in a way that damages us or implies that you are associated, affiliated with, endorsed or approved of by us, when we have not agreed to you doing so, or otherwise in a manner that infringes our rights or is contrary to law;
  • corrupt any data or knowingly send a virus or other disabling features including using trojan horses, or programming routines that may damage our Website;
  • infringe any other person's proprietary rights;
  • annoy, harass, or defame other users, or send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
  • attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Cookies

Cookies are described as information that is sent to your computer from a website for the purposes of record-keeping.   While most browsers will accept cookies, you do not have to (and can opt out of cookies by amending your browser accordingly).  Acceptance of cookies can increase the user experience on a website.   Cookies do not identify you personally but may identify your browser.  We use cookies to try and improve our Website and the user experience.   By using our Website, you consent to our cookies (unless you opt out) in accordance with our Privacy Policy.   

Linked sites

This Website may contain links to other websites (Linked Sites), which are not operated by us. We do not control the Linked Site and we are not responsible for the information on any Linked Site. The existence of a link to other sites does not imply any endorsement, affiliation with or approval by us of the contents of the linked site. You must decide if the Linked Sites are suitable for you and accept all risk associated with those Linked Sites.

Linking to this Website

If you wish to establish a link to this Website, you must first seek our approval. If we agree to your proposed link, you must comply with any terms and conditions imposed by us as a condition of such agreement. 

User Content

Unless you tell us otherwise, we will assume that any material you post, upload, publish, submit or transmit to us on or via the Website and/or via any platform including social media platforms (User Content) is not confidential or proprietary in nature.

This includes any data, reviews, questions, comments, suggestions, ideas, or other information or content. You allow us to use any User Content that you submit for any purpose without compensation to you, including the right to reproduce, copy, adapt or change the User Content.

Where you submit any material (including User Content) to us, you warrant that you are authorised to provide the material, that the material is not fake, obscene or defamatory, does not infringe any third party intellectual property rights or rights of any person or corporation, and is not unlawful in either Australia or any other country where the material is or will be available electronically to users of this Website.

Licence to Use User Content

By uploading or posting any User Content to the Website, you warrant you are authorised to, and do, grant us a perpetual, non-exclusive and payment-free (royalty-free) licence throughout the world to:

(a) reproduce, use, modify, publish, sub-licence to others and otherwise exploit the User Content; and

(b) modify or remove any part of the User Content at any time.

You also consent to the infringement of your moral rights in the User Content. Moral rights are personal rights afforded to creators of copyright works. Further details are available in the Copyright Act 1968.  

Limit of liability for User Content

We reserve the right to remove any User Content at any time for any reason including if it breaches these Terms and Conditions.

We are not responsible for any loss you or any third party may suffer as a direct or indirect result of uploading User Content. This includes if we remove any of your User Content from this Website.

Intellectual property

Unless we state otherwise, we own all right, title and interest in or licence all intellectual property rights on our Website.  Your use of our Website, purchase of Products and/or submission of personal information to us does not transfer any of these rights to you. 

The Website content is protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors.

You may store, print, and display the content supplied solely for your own personal and non-commercial use. You are not allowed to publish or reproduce, in any format, any of the content supplied to you or which appears on this Website, and you may not use any content for any business or commercial purposes unless we agree.

Disclaimers - Website

You use and access our Website at your own risk. To the maximum extent allowed by law, we make no representations or warranties about our Website or the content of the Website (including any information) including:

  • the content supplied by this Website is provided on an “as is” and “as available” basis. We make no representation about the accuracy, reliability, adequacy, completeness or timeliness of the content or that it is suitable or appropriate for any particular purpose;
  • we cannot guarantee that our Website will be secure or that it will not be subject cyberattacks, hacking or other adverse online/cyber incidents; and
  • we cannot guarantee that access will be uninterrupted, error-free or virus-free.

Warranties - Website

We do not warrant that our Website (including any relevant or related software or apps) will be virus free, operate without interruption, be free of errors, be free from hacking and/or cyberattacks and/or provide a minimum level of performance.

You accept all risk for use of our Website (including any material or information on or accessible through our Website) and accept all responsibility for loss, costs, damage and other consequences as a direct or indirect consequence of your use of the Website.   You release us (including but not limited to our directors, officers, employees, agents and affiliates) from any loss or damage (including any indirect, special or consequential loss or damage) suffered from the use and/or reliance on any information, content or materials on or accessible through our Website. 

Liability

To the maximum extent allowed by law, we exclude any liability suffered by you or any third party in connection with your use of our Website or any of its information, content or materials and/or any loss or corruption of data.

To the maximum extent permitted by law, under no circumstances will we be responsible for any consequential or indirect loss, suffered by you or any third party in connection with the Website, our Products or services or these Terms and Conditions.

Certain laws such as the ACL contain guarantees that protect the purchasers of goods and services in certain circumstances (“non-excludable consumer guarantees”). Nothing in these Terms and Conditions or in our Refunds Policy alters any protection available to you under the ACL. 

Our liability to you under or in connection with these Terms and Conditions, our Products or a breach of any non-excludable consumer guarantee is limited, at our option, to resupplying the goods or re-performing the services or the cost of resupplying the goods or performing the affected part of the services again.  Where the ACL applies and there is a major failure in the goods or services, we will provide you with another remedy as required by the ACL. 

Release and Indemnity

To the maximum extent allowed by law, you agree to release and indemnify (and keep us indemnified), defend and hold us harmless for any loss or damage you cause us arising out of or relating to your breach of or failure to comply with these Terms and Conditions, your breach of applicable laws or your use of the Website and/or Products. 

To the maximum extent allowed by law, you agree to release and indemnify (and keep us indemnified), defend and hold us harmless from and against all losses, damages, cost and expenses suffered by you and all third party claims, liability losses, damages, costs or expenses arising out of or relating to your breach of or failure to comply with these Terms and Conditions, your breach of applicable laws or your use of the Website or Products. 

Termination

We may terminate this agreement at any time on notice to you. All disclaimers, warranties, indemnities and limitations of liability will survive termination.

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Other Terms

  • We have the right, in our absolute discretion, to amend, remove or vary any page (and/or information contained within a page) of this Website at any time and without notice.
  • These Terms and Conditions (including any changes or amendments of the Terms and Conditions from time to time) form the entire agreement between you and us and supersede any and all previous written and/or oral agreements/contracts between you and us.
  • A term or part of a term of these Terms and Conditions that is illegal or unenforceable may be severed from the Terms and Conditions and the remaining terms or parts of the terms under the Terms and Conditions continue in force.
  • In the event of a dispute between you and us for any reason, you agree to cooperate with us in respect of any complaint, investigation, mediation or litigation that may arise as a result of your use of the Products at your own expense.
  • We are not liable in anyway whatsoever by reason of failure in the performance of our obligations in these Terms and Conditions by reason of acts of God, warfare, strikes, plagues, pandemics, governmental action, third party technology failure, blackout, fire, storm, cyberattacks, hacking or explosion or any other cause which is beyond our reasonable control.
  • These Terms and Conditions are governed by the laws of New South Wales, Australia. The parties (you and us) submit to the non-exclusive jurisdiction of the courts and tribunals of that state.

Medical Disclaimer

Gentil Pty Ltd (ACN 658 180 173) (“We”, “Our” or “Us) operates the www.gentilhealth.com website (Website).  Our provision of information and content on the Website including in respect of our Products is for the purpose of education only and is not intended to diagnose, treat, manage, prevent or cure any disease, syndrome or health condition. It is not intended to replace or serve as a substitute for the diagnosis, treatment regime, recommendations, care and/or advice of a registered medical practitioner (and/or other registered, qualified or licensed health practitioner or professional).

Our Website (including its owner and our directors, officers, employees, agents and/or affiliates) and any information or content contained therein (or provided by us to you via other means including via social media platforms) does not provide and should not be misconstrued as providing a second opinion or alternative view or diagnosis in respect of your health and/or any medical condition or complaint and should not be relied upon in any way for the purposes of self-diagnosis.  In no way does the Website (including its owner and our directors, officers, employees, agents and/or affiliates) and any information or content contained therein attempt to alter, change, diminish, critique and/or replace any diagnosis, treatment regime and/or health or therapeutic goals provided by your registered medical practitioner (or other registered or licensed health practitioner or professional).

Before commencing any new health, complementary medicine, dietary and/or nutritional supplement-oriented treatment and/or program, we recommend that you obtain advice from a registered medical practitioner (and/or other registered, qualified or licensed health practitioner or professional) which carefully takes account of your personal circumstances, health status and health and wellbeing goals.  We also recommend that you ask questions of that medical practitioner (and/or other registered, qualified or licensed health practitioner or professional) in respect of whether any proposed new health, complementary medicine, dietary and/or nutritional supplement-oriented treatment and/or program is appropriate for you and/or whether it might impact any health or medical treatments you are using or undertaking or have used or undertaken in the past. 

Your access, use and/or reliance on any information or content on our Website (or other materials or content we provide including on social media platforms) does not, in any way, create a practitioner-patient relationship, privileged or confidential relationship with us or any other relationship that would give rise to any duties on our behalf in your favour.  

Products available for purchase on the Website (or by way of any other means that we communicate to you from time to time including social media platforms) may contain substances that should be avoided or not consumed by persons on certain types of prescription medications, having certain health conditions or who are pregnant or breastfeeding. These include but are not limited to immunosuppressants, blood thinning medications including warfarin, selective serotonin reuptake inhibitors, monoamine oxidase inhibitors and other psychiatric or neurological medicines. You should ensure that any consultation with your registered medical practitioner (or other registered or licensed health practitioner or professional) deals with this issue and any possible interactions between our Products and any medication or treatment regime that you are using/consuming and/or are engaged in.   You should always read the label and follow any directions for use in respect of any of our Products.   If you suffer any adverse reaction, side-effects or symptoms persist after using/consuming one or more of our Products, immediately cease use and please consult a registered medical practitioner (and/or other registered, qualified or licensed health practitioner or professional), if required. 

You should not ignore, disregard, change or amend any advice provided by a registered medical practitioner (or other registered or licensed health practitioner or professional) based on information or content provided by us to you including but not limited to as set out on the Website. 

We do not make any warranties, representations, promises, guarantees or health claims regarding the Products (including but not limited to dietary and/or nutritional supplements, herbal medicines and/or other complementary medicines) and health care practices set out, referred to and/or mentioned on the Website. We do not endorse, support or recommend any health care procedures, opinions, tests or health care professionals that appear on our Website from time to time.  Any information or content you rely on that is on our Website or we communicate to you by other means is solely at your risk.     

All the information and content on the Website is presented without any warranty, guarantee or promise including no warranty in respect of the accuracy, completeness, applicability and/or reliability of that information. Any action undertaken based on the information or content set out on the Website or any of our related sites, materials, Products, social media posts or information is solely at your own discretion and any risk lies solely with you. To the extent allowable by law, we assume no liability or responsibility whatsoever for any use or misuse of any information or content provided on the Website, our other online offerings including social media posts and/or any of our related sites, materials, Products or any specific information or content provided to you. 

We are not liable for any course of action you may or may not take after reviewing our Website, associated marketing platforms, our other online offerings including social media posts and/or any of our related sites, materials, Products or any specific information provided to you. 

We are not liable for any adverse impacts, effects, outcomes or consequences that may result from the use or reliance on any information or content on our Website and/or any associated marketing platforms, our other online offerings including social media posts and/or any of our related sites, materials, products or any specific information provided to you. 

Our Products should not be used or consumed by children under 18 years of age.  

Questions

For any questions about this Medical Disclaimer please contact us at:

Gentil Pty Ltd – info@gentilhealth.com

These Terms and Conditions of Use were last updated on 2 April 2023.