Terms of service

This site is owned operated by Hitex Confectionery Pty Ltd ACN 146 009 145.

 

Agreement: The following Terms & Conditions (Site Terms), together with our Privacy Policy located at https://www.hitexconfectionery.com.au/policy/ and any delivery, returns, refund or other policy displayed on the Site and expressly stated to form part of these Site Terms, are the complete terms of a legal agreement between you and Hitex Confectionery Pty Ltd ACN 146 009 145 ("Hitex", "we", "us" or "our") and Hitex's related entities in relation to your access to and use of the Site and your purchase of Products through the Site. By accessing, browsing or using the Site or placing an Order, you acknowledge that you have read, understood and agreed to be bound by these Site Terms. If you do not agree to these Site Terms, do not use the Site or place an Order.

 

Definitions: In these Site Terms:

"ACL" means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth);
"Delivery Address" means the address nominated by you for delivery of an Order;
"Order" means an order for Products submitted through the Site;
"Product" means a retail product advertised or available for purchase through the Site; and
"Site" means the website through which you access these Site Terms, including its online store.

 

Variation: Hitex may alter these Site Terms from time to time by posting the varied version on the Site. You should review the Site Terms displayed on the Site regularly. By continuing to use the Site, you accept the Site Terms current at the time you access and use it. The Site Terms applying to an Order are those in effect when you submit the Order, unless a change is required by law or agreed with you.

 

Relationship with Other Agreements with Hitex: If you are a supplier or customer of Hitex, or have entered into any other contract with Hitex, that relationship is governed by the separate agreement between you and Hitex. These Site Terms also apply to your use of the Site and any Order placed through it. If there is any inconsistency, the separate agreement will prevail to the extent of the inconsistency.

 

Information on the Site and Products: Hitex takes reasonable care with Site information, but it may change or contain inaccuracies. Product images are illustrative, and packaging, size, colour and appearance may vary. To the extent permitted by law, Hitex does not warrant that Site information is current, complete or error-free. The Site may contain technical inaccuracies or typographical errors. Hitex does not represent or warrant that the information will be correct, current or complete.

 

Intellectual property: Material and content displayed on or comprised by the Site including text, graphics, logos, button icons, images, the website layout and software is subject to copyright owned by Hitex (or any of its related bodies corporate) or its suppliers. That material and content is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the Site may be the subject of registered or unregistered trade marks of Hitex, its group companies, its licensors, or its suppliers and protected by law including the Trade Marks Act 1995 (Cth). You may access, display, download and print portions of the Site only for personal non-commercial use or for good faith commercial dealings with Hitex, and subject to these Site Terms. This permission is subject to you not modifying or republishing the content displayed on this site, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website. Any other use of material on the Site including the reproduction, modification, distribution, transmission, communication, re-publication or display of the content on the Site is strictly prohibited.

 

No advice: The Site may contain tips, insights, data and information including in relation to nutrition and legislation that may be applicable to our customers, consumers, suppliers or service providers. Those tips and information are of a general nature only and do not constitute legal or other advice. They should not be relied on as applying to your specific situation or as legal or other advice. Obtain specialist advice including legal advice in appropriate situations.

 

Third-party material: The Sites may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a customer, supplier or consumer) (Third Party Material). Hitex is not responsible for and does not endorse: (a) the content of Linked Sites or Third Party Material; (b) any use or misuse of information you may supply to or obtain from a Linked Site or any Third Party Material; or (c) any goods or services offered via Linked Sites. Hitex does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. Hitex is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Sites.

 

Viruses: In accessing the Sites, you are responsible for protecting your computer and information from malicious or destructive content and programs such as viruses as you consider appropriate, including by using appropriate firewalls, anti-virus and anti-spying software.

 

Use of the Site: You agree to comply with all domestic and international laws applicable to your use of the Site. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, including by uploading or transmitting through the website any viruses, worms, Trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Site or any computer. You must not post on the Site any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. Hitex may block or delete from the Site any material you post that Hitex decides contravenes those requirements. You must not impersonate or misappropriate the identity of another person. Use of the Site in contravention of these Site Terms may result in you being banned from the Site and being liable to Hitex for breach of contract and/or infringing applicable law.

 

Ingredients and allergens: Ingredient, allergen, nutritional, origin and other Product information may change. Before using or consuming a Product, read its supplied label and independently check suitability for any allergy, intolerance or dietary requirement. This does not limit any right under the ACL.

 

Availability and substitutions: Products are subject to availability. If a Product becomes unavailable after ordering, Hitex may reject or cancel the affected item and will not charge you or will provide an applicable refund. Hitex will not substitute without your consent. Report missing, incorrect or damaged Products under the Site's delivery, returns or refund policy.

 

Customer details: You must provide current, complete and accurate billing, payment, contact and delivery details, be authorised to use the selected payment method and check your Order before submitting it. Hitex may request information reasonably required to process an Order.

 

Order offer and Hitex acceptance: An Order is your offer to buy the selected Products at the displayed prices and terms. An automated acknowledgement or payment authorisation confirms receipt only. A binding contract arises only when Hitex expressly accepts the Order, including by an acceptance or dispatch confirmation. Each accepted Order is a separate agreement.

 

Rejection: Hitex may accept or reject all or part of an Order for a lawful reason, including unavailability, error, suspected fraud, payment or verification failure, breach or an applicable quantity limit. Hitex will endeavour to notify you at the time of ordering or within a reasonable time afterwards.

 

Quantity limits and no resale: Hitex may apply limits displayed on the Site or at checkout. Products are for personal or household use, not resale or trade unless Hitex agrees in writing. Hitex may reject or cancel Orders reasonably believed to circumvent a limit.

 

Pricing and GST: Prices and applicable charges are displayed before submission and include GST where applicable unless stated otherwise. Hitex may change prices before accepting an Order and need not price-match. An accepted price will not change except to correct an obvious error with your agreement or as required by law.

 

Payment and fraud checks: Pay using a method offered at checkout. Hitex or its payment provider may process payment and conduct reasonable identity, fraud and risk checks. Fraudulent or unlawful payment is prohibited. Payment or verification failure may result in rejection or cancellation. Refunds will use the original payment method or another lawful method where reasonably necessary.

 

Cancellation and refunds: Your cancellation or change request is governed by details displayed on the Site and may not be possible after processing or dispatch. Hitex may cancel for unavailability, error, failed payment, suspected fraud, circumvention of limits or breach. Hitex will not charge for Products it cancels or, if paid, will provide the applicable refund under the Site policy and ACL.

 

Delivery: Delivery methods, service areas, estimates, charges and restrictions displayed on the Site or at checkout form part of the Order. Estimates are indicative only. You must provide an accurate, accessible Delivery Address and comply with displayed delivery requirements. A recipient at the Delivery Address is authorised by you.

 

Unattended delivery: Where the selected method and Site details permit, you authorise the carrier to leave the Order unattended at the Delivery Address if it reasonably considers it safe. Otherwise, the carrier may use its applicable redelivery or collection process.

 

Risk and title: Risk passes on delivery to the Delivery Address, including authorised unattended delivery. Title passes on the later of full payment and delivery. This does not limit ACL rights.

 

Returns and Australian Consumer Law rights: The returns and refund policy displayed on the Site forms part of these Site Terms and operates in addition to rights that cannot lawfully be excluded. Hitex's goods come with guarantees that cannot be excluded under the ACL. Remedies may include repair, replacement, refund, cancellation or compensation. Hitex does not offer change-of-mind returns.

 

Limitation of liability: Nothing in these Site Terms is intended to exclude, restrict, or modify rights which you may have under any law (including the Australian Consumer Law (ACL), and consumer guarantees relating to goods or services under the ACL) which may not be excluded, restricted or modified by agreement. Notwithstanding the above, you agree that we are not liable for any loss or damage which is suffered or sustained in connection with the use of any of the Site other than with respect to your rights under the Australian Consumer Law. To the maximum lawful extent, Hitex excludes implied terms and is not liable for unforeseeable loss, loss caused by your non-compliance or business loss from a personal or household purchase. Liability is reduced to the extent you contributed to loss. Nothing excludes fraud, wilful misconduct, negligently caused death or personal injury, or other non-excludable liability.

 

Indemnity: You agree to indemnify, defend and hold harmless Hitex from and against all losses, expenses, claims, proceedings, liability and damages of every kind due to or arising out of any violation of these Site Terms, any other wrongful acts or misuse of the Site related to your account connected with the Site, except to the extent any such losses, expenses, claims, proceedings, liability and damages is caused or contributed to by Hitex's breach, negligence or other wrongful act or omission. The indemnity in this clause extends to and applies for the benefit of Hitex's officers, directors, employees, agents, contractors, licensors and suppliers.

 

Promotions: Separate displayed promotion terms prevail for that promotion. Unless stated otherwise, promotional benefits are not transferable, cash-redeemable or combinable. Subject to law, Hitex may verify eligibility and reverse a benefit obtained through error, misuse, fraud or breach.

 

Optional accounts: If accounts are available and you create one, provide accurate information, secure your credentials and do not share or transfer the account. Notify suspected unauthorised use through the Site contact method.

 

Suspension and termination: Hitex may reasonably suspend or terminate an account or Site access for fraud, misuse, security risk or breach. This does not affect accrued rights or an accepted Order unless Hitex is otherwise entitled to cancel it.

 

Acceptable use: Do not breach law, interfere with the Site, transmit malicious code, post unlawful or abusive material, impersonate others, misuse details, make fraudulent purchases, scrape the Site or impose unreasonable loads. Hitex may remove material and suspend or terminate access for breach.

 

Site availability: Hitex does not promise uninterrupted, error-free or virus-free operation and may suspend or change the Site for maintenance, security or operational reasons.

 

 

 

Privacy: Your privacy is important to Hitex. By providing your details to Hitex via the website, you consent to Hitex maintaining, recording, holding and using that information in accordance with the Hitex Privacy Policy and for the purpose the information was provided. Further information about the collection and use of your personal information is contained in our Privacy Policy located at https://www.hitexconfectionery.com.au/policy/

 

Applicable law: These Site Terms are governed by the laws of Victoria, Australia.