Website Terms of Sale

These terms and conditions (‘Terms of Sale’) set out the agreement between Milky Goodness Pty Ltd ACN 638 038 516 (‘we’, ‘us’ or ‘our’) and you in relation to the ordering, sale and delivery of products from this website. By placing an order on this website, you agree to these Terms of Sale. If you do not agree to these Terms of Sale, you must not place an order on this website.

We may change these Terms of Sale at any time by publishing the changed terms on this website. Changes will not apply retrospectively. The Terms of Sale that apply at the time that you place an order will govern that order.

• Orders

Each order you place on this website is an offer to purchase the products specified in the order for the price specified on this website at the time the order was placed. We only accept orders from mainland Australia, Tasmania and New Zealand. You must not purchase any products from this website for the purpose of resale.

You should ensure that your order is correct (including delivery address) as you cannot cancel an order once it has been placed.

We reserve the right to accept or reject an order at any time for any reason, including product unavailability, pricing error, error in your order or problems with your payment. If we reject an order, you will receive a refund of any money paid. We may contact you for additional details or verification before accepting an order. If we are unable to contact you or obtain the details or verification we require, we may reject your order.

Each order that we accept is a separate contract under these Terms of Sale.

• Subscriptions

Some products may be purchased as a subscription. By purchasing a subscription, you are agreeing to place orders for the product on an ongoing periodic basis. Each order in a subscription is subject to these Terms of Sale (including in relation to acceptance and rejection).

For more information about subscriptions and how to pause, cancel and amend a subscription see: www.sealsubscriptions.com/articles/how-subscriptions-work.

• Customer account

You do not need to register a customer account to place an order. If you register an account, you promise that all information you provide is accurate and complete and will be kept up-to-date. You are solely responsible for maintaining the security of your username and password and are liable for all orders placed and activity under your account.

• Product availability

While we do our best to ensure that products listed on our website are available for purchase, from time-to-time products may be out of stock or unavailable. Where you have placed an order for a product that is out of stock or unavailable for any reason, we will notify you within a reasonable period and refund any money paid.

• Price and payment

All prices and delivery fees listed on this website are in Australian Dollars and inclusive of GST. We may change the prices and delivery fees on this website at any time.

You must pay for products ordered at the time of placing your order using the payment methods specified on this website. If you pay using Afterpay, the [Afterpay terms] also apply. If you pay using Zip, the [Zip terms] also apply. Orders will only be dispatched for delivery or available for collection once we have received payment for the order.

You must not pay or attempt to pay for an order through any fraudulent or unlawful means.

• Title and risk

Risk and title in products pass to you once they are delivered to your delivery address or a collection point or, in the case of an order for pick up, collected by you or on your behalf.

• Delivery

See our Delivery Policy.

• Returns

See our Returns Policy.

• Privacy

See our Privacy Policy.

• Liability

The Australian Consumer Law sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. Nothing in these Terms of Sale excludes, restricts or modifies any consumer rights or remedies where it would be unlawful to do so.

Subject to the preceding paragraph and to the maximum extent permitted by law:

• we exclude all implied representations, warranties, conditions and guarantees of any kind;
• our liability to you in connection with these Terms of Sale and any goods and services that we supply or fail to supply is limited as follows: (i) we are not liable for any special, indirect, incidental or consequential loss or damage however caused (including by negligence); and (ii) our liability for any loss or damage will be reduced to the extent that you caused or contributed to the loss or damage.

• Website Terms

In addition to these Terms of Sale, our [Terms of Use] apply to your access and use of this website.

• Governing law

The law of New South Wales, Australia, governs these Terms of Sale and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.