Terms of service

Terms of Service

Last updated: [Insert date]

 

 

1. Overview

This website is operated by The Bircher Bar Pty Ltd (ABN [insert]) (“The Bircher Bar”, “we”, “us” or “our”). By accessing our website or purchasing from us, you agree to be bound by these Terms of Service (“Terms”). These Terms apply to all users of the site, including browsers, customers, and contributors of content.

We may update these Terms at any time by posting the revised version on our Site with a “Last updated” date. Your continued use of the Site constitutes acceptance of the revised Terms.

 

 

2. Health Information & Medical Disclaimer

Content on our Site is provided for general educational purposes only and is not medical advice. Always seek the guidance of a qualified healthcare professional regarding any medical condition, diagnosis or treatment.

Our products are not intended to diagnose, treat, cure or prevent any disease.

Standard product notice: Always read the label and follow the directions for use. Read the warnings before purchase. If symptoms persist, talk to your health professional.

Use products strictly as directed on-pack. We comply with Australian advertising standards and do not make prohibited therapeutic claims.

 

 

3. Online Store Terms

By purchasing from us, you confirm that you are 18 years or older, or that you have parental/guardian consent. You must not use our products for any unlawful purpose or violate any applicable laws.

A breach of these Terms may result in termination of your access to our Services.

 

 

4. Prices, Currency & GST

All prices are displayed in Australian dollars (AUD) and include GST unless otherwise noted. Prices may change at any time without notice.

If a pricing or availability error occurs, we may cancel the affected order(s) and refund any amounts paid.

 

 

5. Promotions, Discount Codes & Gift Cards

  • Promotions and discount codes (including those provided by brand or affiliate partners) are time-limited, non-transferable and may be withdrawn, suspended or deactivated at any time, at our or the partner’s discretion, without notice.

  • Unless stated otherwise, codes cannot be combined with other offers, are not redeemable for cash, and may exclude certain products, bundles or brands.

  • We may cancel or reject orders where a code is misused, duplicated, or suspected of fraud.

  • Gift cards (if offered) are redeemable only on our Site, are non-refundable, and expire in accordance with Australian law.

 

 

6. Products & Services

We make every effort to display our products accurately; however, colours and packaging may vary slightly. Product descriptions and ingredient details are provided by us and/or suppliers — always read the label before use.

We reserve the right to limit sales of our products by customer, region or jurisdiction, and to discontinue products at any time.

 

 

7. Shipping & Delivery

Delivery timeframes are estimates only and exclude weekends/public holidays. Risk of loss passes to you on delivery to the address provided.

You are responsible for providing the correct delivery address. Re-delivery or return-to-sender fees may apply for incorrect details.

If your order is lost or damaged in transit, please contact us promptly. We will investigate with the carrier and provide a remedy in line with the Australian Consumer Law (ACL) and our Refunds & Returns Policy.

 

 

8. Ordering, Payment & Verification

We may refuse, cancel or limit any order at our discretion (e.g., suspected fraud, misuse of promotions, or resale).

Once an order has been placed, it cannot be cancelled or modified by the customer. All orders are final. Our fulfilment process begins immediately, and we are unable to stop or adjust an order once submitted.

You authorise us and our payment processors to verify and charge your selected payment method. Orders may be held pending verification (including requesting additional ID).

Chargeback disputes will be handled in accordance with relevant card network rules.

 

 

9. Consumer Guarantees (Australian Consumer Law)

Nothing in these Terms excludes, restricts or modifies any non-excludable rights or remedies under the ACL.

If there is a major failure, you are entitled to a refund or replacement. If the failure is not major, you are entitled to have the goods repaired, replaced, or refunded within a reasonable time.

See our Refunds & Returns Policy for details on how to make a claim.

 

 

10. Accuracy of Information

We aim to ensure information on the Site is accurate, but it may contain errors or omissions. We may correct errors and update information (including pricing, descriptions and availability) at any time without notice.

Any reliance on material on this Site is at your own risk.

 

 

11. Intellectual Property

All Site content (text, graphics, logos, product photography, audio-visual content and trademarks) is owned by or licensed to The Bircher Bar.

You may access and use the Site for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from or otherwise exploit our content without prior written consent.

 

 

12. Reviews, Comments & Submissions

By submitting content (including reviews, feedback or suggestions), you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify and publish such content for marketing and operational purposes.

You warrant that your submissions are accurate, lawful, non-misleading and do not infringe third-party rights. We may moderate or remove content that breaches these Terms, applicable laws or platform guidelines, including false or misleading health claims.

 

 

13. Third-Party Services & Links

We may provide access to third-party tools, apps, payment processors and shipping providers. These are offered “as is” without warranties, and their own terms apply.

Our Site may include links to third-party websites. We are not responsible for third-party content, products or services, and your use of those sites is at your own risk.

 

 

14. Prohibited Uses

In addition to other prohibitions in these Terms, you must not use the Site or its content to:

  • engage in unlawful conduct;

  • violate IP rights;

  • submit false, misleading or harmful information (including health claims);

  • upload malicious code or attempt to disrupt the Site;

  • spam, scrape or collect personal information; or

  • harass, defame, abuse or discriminate against others.

We may terminate your access if you violate these provisions.

 

 

15. Limitation of Liability

To the maximum extent permitted by law and subject to the ACL, we exclude liability for indirect or consequential loss, including lost profits or data, arising from your use of the Site or products.

Where liability cannot be excluded, our liability is limited to:

  • resupplying the services or the cost of resupply; or

  • replacing the goods or the cost of replacement,
    as permitted under the ACL.

 

 

16. Indemnity

You agree to indemnify and hold harmless The Bircher Bar, its directors, employees, contractors and affiliates from any claim or demand arising out of your breach of these Terms, your misuse of the Site, or your violation of law or third-party rights.

 

 

17. Force Majeure

We are not liable for delay or failure to perform our obligations due to events beyond our reasonable control, including natural disasters, pandemics, labour disputes, supplier shortages, government actions or carrier delays.

 

 

18. Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of NSW.

 

 

19. Severability & Waiver

If any provision of these Terms is held invalid, the remainder will continue in effect. No waiver of any right or provision will be deemed a waiver of any other right or provision.

 

 

20. Entire Agreement

These Terms, together with our Privacy Policy and Refunds & Returns Policy, constitute the entire agreement between you and us regarding your use of the Site and Services.

 

 

21. Contact Information

Questions about these Terms should be sent to:
The Bircher Bar Pty Ltd (ABN 16673377618)
📧 Email: info@thebircherbar.com.au
📮 Mail: 3217/65 Tumbalong Boulevard Haymarket NSW 2000 Australia