TERMS & CONDITIONS
Last updated: [insert date]
1. About these Terms
These Terms and Conditions govern your use of the New You Brew website and your purchase of products from New You Brew. In these Terms, “New You Brew”, “we”, “our” and “us” refer to:
Business name: New You Brew
ABN:88 212 870 277
Business address: [insert address]
Contact email:customersupport@newyoubrewau.com
By accessing our website or placing an order, you agree to these Terms, together with our: Privacy Policy; Shipping & Delivery Policy; Returns & Refunds Policy; any product-specific instructions, warnings or terms displayed at checkout. Nothing in these Terms excludes, restricts or replaces any rights or remedies that cannot legally be excluded, including rights under the Australian Consumer Law.
2. Website use
You must not use our website: for unlawful or fraudulent purposes; to interfere with the operation or security of the website; to introduce malicious software or harmful material; to access another person’s account or information without permission; to copy, scrape or commercially exploit website content without permission; to make false, misleading or unauthorised representations about New You Brew or its products. We may restrict access to the website where reasonably necessary to protect the website, our customers or the business.
3. Product information
We aim to ensure that product descriptions, prices, images, ingredients, brewing instructions and availability information are accurate. Product appearance, colour and packaging may vary slightly from website images due to screen settings, photography, supplier production and packaging updates. Ingredient lists, warnings, caffeine information and brewing directions shown on the final product packaging should be checked before use. New You Brew products are food products intended to form part of a daily routine. Website content is general product information and is not medical advice or a substitute for professional medical care. Read the product information and warnings carefully. Seek advice from a qualified health professional before use where appropriate, including if you are pregnant, breastfeeding, taking medication, sensitive to caffeine or managing a medical condition. We will not publish product claims, ingredient information or benefit statements unless we have a reasonable basis for doing so. Australian businesses must provide truthful information about products and must not use misleading descriptions or claims.
4. Prices
All prices are displayed in Australian dollars. Prices include GST where GST is applicable, unless clearly stated otherwise. Shipping charges are calculated separately and displayed at checkout. We may update prices from time to time. Price changes will not affect an order that has already been accepted and paid for, except where a genuine pricing or technical error has occurred and the order has not yet been dispatched. If an obvious pricing error affects your order, we will contact you before dispatch. You may choose to proceed at the correct price or cancel the affected item for a full refund.
5. Orders
Placing an order is an offer to purchase the selected products under these Terms. An order is not accepted until: payment has been successfully processed; and we have issued an order confirmation or otherwise accepted the order. We may contact you if further information is required to process the order. We may decline or cancel an order before dispatch where reasonably necessary, including because: a product is unavailable; there is an obvious pricing or website error; payment has not been authorised; fraud or unauthorised activity is reasonably suspected; the delivery address is incomplete or cannot be serviced; fulfilling the order would breach a legal or safety requirement. If we cancel a paid order, we will refund the affected amount to the original payment method.
6. Payment
Payment must be made using a payment method available at checkout. Available payment methods will be displayed on the website and may include: credit or debit card; [PayPal, Afterpay or other provider, if enabled]. Payment processing may be provided by third-party payment services. You are responsible for ensuring that your payment, billing and contact information is accurate and that you are authorised to use the payment method submitted. We do not generally receive or store complete payment-card details where payments are processed by an external payment provider.
7. Product availability
Products are subject to availability. Adding an item to a cart does not reserve the product. If an item becomes unavailable after an order is placed, we will contact you and offer an appropriate option, which may include: waiting for stock where agreed; selecting an alternative product; removing the unavailable product and refunding it; cancelling and refunding the affected order. We will not substitute a product without your agreement.
8. Shipping and delivery
New You Brew currently ships within Australia. Current shipping charges are: standard tracked shipping: $9.95; express shipping: $15.00; free standard shipping: orders of $79 or more, calculated after discounts. Orders are generally dispatched within 1–2 business days after being received by our fulfilment partner. Delivery estimates begin after dispatch and may vary according to destination, carrier conditions, peak periods, public holidays and external disruptions. Tracking information will be provided after dispatch where available. We will work with our fulfilment and delivery providers to investigate qualifying lost, damaged, missing or incorrectly delivered orders. These Terms do not remove any consumer rights or remedies relating to delivery. Standard online consumer rights continue to apply when goods are sold online. Full shipping information is available in our Shipping & Delivery Policy.
9. Incorrect delivery information
You are responsible for checking that the name, address and contact details supplied at checkout are accurate. Contact us as soon as possible if you identify an error. We will try to correct the details before dispatch, but changes may not be possible once the order has entered the delivery network. Additional postage may apply where an order must be resent because incorrect or incomplete delivery information was supplied by the customer. This does not apply where the error was caused by New You Brew, our fulfilment provider or the carrier.
10. Returns, refunds and consumer guarantees
Returns and refunds are handled under our Returns & Refunds Policy. New You Brew products come with guarantees that cannot be excluded under the Australian Consumer Law. Where a product does not meet an applicable consumer guarantee, you may be entitled to a replacement, refund or another remedy depending on the circumstances and seriousness of the problem. Nothing in these Terms or our Returns & Refunds Policy limits those rights. Businesses cannot use store terms or policies to override consumer-guarantee rights.
11. Change-of-mind returns
We may accept a change-of-mind return for tea where the pouch: remains unopened and sealed; is in a condition suitable for resale; is returned in accordance with our Returns & Refunds Policy. Opened tea cannot be returned for change of mind or taste preference. This restriction does not apply where an opened product is faulty, unsafe, incorrect or otherwise does not meet an applicable consumer guarantee. Brew Gear change-of-mind arrangements will be set out in the Returns & Refunds Policy once finalised.
12. Promotions and discount codes
Promotions and discount codes may be subject to additional conditions displayed with the offer. Unless otherwise stated: promotions cannot be combined; discounts do not apply retrospectively; discount codes must be entered before checkout is completed; free-shipping thresholds are calculated after discounts; promotions are subject to product availability; promotions do not apply to previous purchases. We will not alter the conditions of a promotion after an eligible order has been accepted.
13. Pre-orders
Where a product is offered for pre-order, the expected production or dispatch timing and any specific pre-order conditions will be disclosed on the relevant product page. Estimated pre-order dates may change due to production, supplier or delivery delays. If a material delay occurs, we will provide updated information and any options required by law. Pre-orders will only be used where they are clearly identified and close to a reasonably confirmed launch or production date.
14. Intellectual property
Unless otherwise stated, the website and its content are owned by or licensed to New You Brew. This includes: the New You Brew name and logos; product and blend names; website text; photographs and graphics; label designs; downloadable material; page designs and brand elements. You may view and use the website for personal, non-commercial purposes. You must not reproduce, modify, distribute, sell, publish or commercially exploit our content without written permission, except where permitted by law.
15. Reviews and submitted content
Where you submit a review, testimonial, photograph or other content, you confirm that: it reflects your genuine experience; it is not false, misleading, unlawful or offensive; it does not infringe another person’s rights; you have permission to submit any included personal information or images. We may choose not to publish or may remove content that does not meet these requirements. We will not materially edit a customer review in a way that changes its meaning.
16. Third-party links and services
Our website may contain links to third-party websites or use services provided by third parties. New You Brew does not control external websites and is not responsible for their content, availability or privacy practices. Your use of third-party services may also be governed by the provider’s own terms and policies.
17. Website availability
We aim to keep the website available and operating correctly, but continuous or error-free access cannot be guaranteed. We may temporarily suspend or restrict parts of the website for: maintenance; security; technical repairs; system changes; circumstances outside our reasonable control. Where practical, we will seek to minimise disruption.
18. Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability arising under the Australian Consumer Law. To the extent permitted by law, New You Brew is not responsible for loss caused by: misuse of a product; failure to follow product instructions or warnings; unauthorised access to an account caused by the customer’s failure to protect their login information; circumstances outside our reasonable control where we have otherwise met our legal obligations. This section does not limit any entitlement to compensation for reasonably foreseeable loss caused by a failure to meet a consumer guarantee. The Australian Consumer Law may provide compensation rights in addition to repair, replacement or refund remedies.
19. Changes to these Terms
We may update these Terms to reflect changes to: our products or services; website functionality; suppliers or systems; business practices; legal or regulatory requirements. Updated Terms will apply from the date they are published and will not retrospectively alter an order already accepted unless required by law or agreed with the customer. The latest update date will be displayed at the top of this page.
20. Severability
If part of these Terms is found to be invalid or unenforceable, that part will be read down or removed to the extent necessary. The remaining Terms will continue to operate.
21. Governing law
These Terms are governed by the laws of [insert Australian state or territory] and the applicable laws of the Commonwealth of Australia. The parties submit to the courts and tribunals with jurisdiction in that state or territory, subject to any rights the customer may have under applicable consumer law.
22. General product information
Information provided on the New You Brew website is for general product and educational purposes only.
New You Brew products are food products and are not intended to diagnose, treat, cure or prevent any disease or medical condition.
Website content is not medical advice and should not replace advice from a qualified health professional.
Always read the product ingredients, directions and warnings before use. Seek professional advice before use if you are pregnant, breastfeeding, taking medication, sensitive to caffeine or managing a medical condition.
Individual suitability may vary.
Nothing in this section excludes or limits rights under the Australian Consumer Law.
23. Contact
Questions about these Terms may be sent to: New You Brew
Email: customersupport@newyoubrewau.com
Privacy enquiries: privacy@newyoubrew.com.au
Business address: [insert address]
ABN:88 212 870 277