Last Updated: 20 September 2024 

 Overview 

• The Gennue Lab website, located at https://gennuelab.com.au/ (Website), is owned, controlled and operated by Gennue Lab Pty Ltd (ACN: 666 911 673) (Gennue Lab, we, our, and/or us). 
• As a condition of using our Website, you agree to the following terms and conditions (Terms) and to be legally bound by these Terms. 
• If you do not agree with the Terms, you should stop using the Website.  
• Gennue Lab the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time. 

Pricing And Ordering  

• Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change product and shipping pricing at our discretion and without notice.  
• Unless otherwise stated, all prices are in Australian Dollars. GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is added to the order total for all shipments within Australia. 
• By placing an order via the Website (Order), you are offering to purchase the products on and subject to these Terms.  
• While we try our best to fulfil all Orders, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant products. If we cancel an Order, we will provide a full refund of all monies paid to us in relation to the cancelled Order. 
• An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to the Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with our written approval.  
• To purchase products via our Website, you must use a valid credit and debit card. We use Shopify, PayPal and Afterpay, third party payment processors, to process payments and we do not collect or record any credit card details provided by you when making purchases via the Website. We may use other third party payment processors to process payments in our discretion from time to time. You are responsible for any credit card fees or surcharges that apply to your payment.  
• We may offer sales and discount codes (each a Promotion) from time to time, and you agree that: 
• Where set out in the Promotion details on our Website or otherwise, we may limit the application of Promotions to full priced items only, in our discretion;  
• only one discount code can be used in connection with an Order; 
• discount codes are not transferable, unless the Promotion details on our Website or otherwise expressly state that the discount code is transferable; 
• discount codes must be used by the date specified (where applicable);  
• Promotions cannot apply retrospectively to previous Orders; and 
• we may change or cancel any Promotion at any time and without notice within its sole discretion.

Shipping And Delivery 

• We aim to process and ship Orders within 7-14 days (dependant on stock levels) of the Order being placed.  
• When placing an Order, you agree that it is your responsibility to provide accurate information to us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you.  
• Any date or period of time given by us in relation to the processing and shipping of an order (either in these Terms or otherwise) is intended as an estimate only and may be subject to change. You agree that we are not responsible for any Loss suffered by you where an Order is not processed or delivered within the estimated time frame. We will notify you via email if there are any significant processing or delivery delays in relation to your Order.  
• We ship within Australia.  
• All purchases are posted via suitable delivery partners as determined by us from time to time. You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs will be outlined at the checkout prior to payment.  
• Once an Order is dispatched, we will send you a confirmation email with tracking information.  
• We kindly request that you inspect all products on delivery to confirm they are what you ordered and do not have any faults or defects.  If required by our delivery agent, you must also note any damage on the delivery docket presented to you by the delivery agent for signature. If you believe that your Order has been lost or damaged in transit, please contact sales@gennuelab.com.au.   

Title And Risk 

• Title in the product(s) comprising an Order is retained by us and will not pass to you until full payment in cleared funds is received by us.  
• To the extent permitted by law, all risk of loss or damage to the product(s) passes to you when the Order is delivered to you at your nominated delivery address.  

Australian Consumer Law 

• Our goods come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.   
• Nothing in these Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law. 

Refund Policy For Change Of Mind 

Subject to your rights under clause 5 above, we accept returns for ‘change or mind’ strictly on the following conditions: 

• to be eligible for a return, you must return your item(s) within 30 days of the date of purchase; 
• the item(s) to be returned must be unopened and unused; 
• the item(s) to be returned must be returned to us in the original packaging; and 
• you are responsible for paying all return shipping costs.  

Returns Policy For Faults And Incorrect Products  

• If you believe any of the products purchased on or through the Website are faulty, defective, have a problem or are not what you ordered, please notify us by email at sales@gennuelab.com.au (this is referred to as a Fault Notice) with the following information: 
• customer name;  
• date of purchase;  
• order number; 
• product(s) being returned;  
• reason for return;  
• photos of any fault or defect (if applicable); and 
• the outcome you request. 
• So that we can best deal with the relevant issues, we kindly request that you email all Fault Notices to us within 14 days of the products being delivered to you.  
• Upon receiving a Fault Notice, we will promptly assess and discuss all Fault Notices with you, and:  
• where we agree there is an issue with your product, we will ask you to return the product to us and you will be entitled to receive a remedy listed below; and 
• where we are unable to determine whether there is an issue with your product, we will ask you to return the product to us for further assessment.  
• Where a product is returned under clause 7 and the product is not the product ordered, you are entitled (at your election) to a replacement product to the same value or a full refund and we will pay for return shipping costs. 
• Where a product is returned under clause 7 and the product has a minor or major problem (as defined in the Australian Consumer Law), you are entitled (at your election) to a replacement product to the same value or a full refund and we are responsible for paying return shipping costs.  

User Accounts 

• We may assign you a username and/or password and account information in order for you to access and use certain areas of the Website or require you to establish your own account access using a username and password chosen by you (Login). Each time you use your Login, you will be deemed to be authorised to access and use the Website in accordance with the Terms.  
• It is your sole responsibility to protect the security and confidentiality of your Login and for all activities on the Website using the Login, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your Login.  
• You must immediately notify us of any unauthorised use of your Login or any other actual or threatened breach of the Website’s security that you may be aware of.  

Personal Information 

• We are committed to the transparent management of your personal information.  
• So that we can fulfil your Orders, we will need to collect certain personal information from you.  
• We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy.  

Product Disclaimers 

Subject to clause 5, by purchasing any products from our Website, you acknowledge and agree: 

• To review all instructions, warnings or other directions provided with the products or on the product packaging, prior to using any of our products;  
• If you are pregnant or breastfeeding – to seek the advice of a healthcare professional prior to using our products;  
• That you are 18 years of age or older, or, if you are not, that you have sought the advice of a healthcare professional prior to using our products, and they have expressly approved such use; 
• That you will not provide our products to persons under the age of 18 unless you have sought the advice of a healthcare professional prior to doing so, and they have expressly approved such use; 
• That the products may not be suitable to your particular circumstances – you should make your own inquiries and seek relevant independent advice before using our products, as well as acting on any information or material made available to you via the Website in relation to the products or otherwise;  
• That the products should not be used if, upon receipt of product: 
• Any seals are missing, broken or open; or  
• Any sachets are damaged or open.  
• To store the products in accordance with any instructions or directions provided with the products or on the product packaging; and 
• To use the products in accordance with the expiration date provided with the products or on the product packaging. 

Intellectual Property 

• GenBalance is a trade mark of Gennue Lab Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners. 
• We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content).  
• While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.  

Third Party Links  

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free. 

Limitation Of Liability  

Subject to clause 5 of these Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree: 

• your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from your use of or reliance on this Website (including all Content), however incurred;  
• Gennue Lab does not make any representations, warranties or guarantees in relation to the supply of goods or services by Gennue Lab via the Website; and 
• to the extent permitted by law, Gennue Lab hereby disclaims all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website. 

Indemnity  

• You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms.  
• We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us. 
• Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.   

Governing Law 

• The Terms are governed by and are to be construed in accordance with the laws of the State of Queensland, Australia and you agree that the courts of the State of Queensland, Australia will exclusively adjudicate over any dispute in relation to these Terms.   
• If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.  
• This Website may be accessed from outside Australia.  We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located. 

Definitions 

• Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise. 
• Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business. 
• Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, however it expressly excludes Consequential Loss.