Blend Well Terms and Conditions
This page tells the customer (“You”) the terms and conditions on which Blend Well (“We”, “Us” or “Our”) will supply to You the products (Products) listed on our website www.blendwell.com.au (Our Site) via our subscription services (Services).
We provide access to our Services subject to the following terms and conditions, which may be updated by us from time to time without notice to you.
Please read these terms and conditions carefully before ordering any Products from Our Site or subscribing to one of Our Services. By ordering and subscribing to our Services, You agree to be bound by these terms and conditions.
We reserve the right to amend Our Terms and Conditions at any time without express notice to You.
WHAT YOU ABSOLUTELY MUST KNOW AND UNDERSTAND
- Blend Well is a subscription service. Once an order is placed, We will continue to deliver based on your selected smoothie packs, quantity of smoothies, and frequency of delivery until you cancel or pause your selected subscription.
- You can cancel/pause your subscription at any time. There is no minimum term.
- The cut-off for subscription adjustments (pauses, cancellations, change of selection of smoothies, number of smoothies, frequency of delivery, and order reactivation) is between one (1) and seven (7) days depending on your subscription renewal date, which is stated in your “My Account” page.
- You may cancel your smoothie subscription at any time by or via your “My Account” login page or by emailing us at email@example.com from the email address associated with your account, requesting that your account be cancelled. Depending on your weekly renewal date, which is available on your “My Account” page, your cancellation will be effective between one (1) and seven (7) days after you request cancellation. You are responsible for all smoothie subscription charges incurred before the effective date of your cancellation.In the event you cancel your smoothie subscription, please note that we may still send you promotional communications about Blend Well, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
INFORMATION ABOUT US
Blend Well (ABN 17787289700) delivers frozen, ready-to-blend smoothie packs filled with fruits, vegetables, nuts and superfoods. We operate the website www.blendwell.com.au.
- Delivery is only available to our designated postcode areas. It is your duty to confirm that We delivery to your address by inputting your post code into the form on www.blendwell.com.au as part of the registration process. If We do not presently deliver to your area, please contact us as we are constantly expanding our delivery areas.
- We deliver between 5.00pm and 9.00pm each Tuesday and Friday. If you will not be home to receive a delivery, you can make arrangements for an alternate receiver to accept the delivery on your behalf, or our driver will leave it at your address, unless expressly directed not to as part of the delivery process, or through contact with our customer service team.
- Ownership of the goods will transfer to you once we have delivered in accordance with your delivery instructions.
- We cannot commit to a smaller delivery window. We will try to accommodate specific requests for delivery times but cannot guarantee that these will be fulfilled.
- If a re-delivery is required due to no fault of Blend Well or our logistics partners a redelivery fee of $18 will be charged.
- You understand that Blend Well may need to change your delivery date and time from time to time. We will notify You as soon as reasonably practicable if your delivery date and time changes for any reason.
- Our site and the Services We provide are only intended for use by people in designated postcode areas within Australia (“Service Areas”). We do not accept orders from individuals outside those Service Areas and it is your duty to check if your postcode is within a designated area prior to making a purchase. If We do not, please contact us as we are constantly expanding our delivery areas. Customers must provide a valid email address and credit card for all orders accepted. Only online orders are accepted.
- Each box is securely and carefully packaged, to maintain the freshness of the product for 2-3 hours after delivery, however we recommend that the product be placed into a freezer immediately after delivery.
- If you are not home when a delivery arrives, our delivery person will leave the package for you at your door, unless we have been expressly informed not to do so as part of the order process, or through subsequent contact with our customer service team via firstname.lastname@example.org.
- If you would prefer that someone have to sign for the delivery, please provide us with specific instructions as part of the order process on our website or through direct communication with our customer service team. In cases where an alternate receiver of your delivery is nominated, they will take full responsibility for receipt of your order and ensuring it is received by You, and shall accept the delivery under all of the same terms and conditions that would apply had You accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery.
- If You or your alternate receiver is not present at the time of delivery, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case our standard redelivery fee of $18 shall apply). If we are unable to reschedule the order for any reason, the order will be cancelled and you will be charged the applicable fee for the order and the redelivery fee.
- During the registration process for our Services, You will be required to create an account which requires You to provide your name (“Name”), password (“Password”), and email address (“Email”), and additional information that will assist in authenticating your identity when you log-in in the future.
- When creating your account, you must provide true, accurate, current, and complete information. Unique login information can be used by only one Buyer. You are solely responsible for the confidentiality and use of your login information, as well as for any use, misuse, or communications entered through Our Site. We reserve the right to delete or change your login information at any time and for any reason. Blend Well will not be liable for any loss or damage caused by any unauthorized use of your account.
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- your delivery location is in one of our Service Areas; and
- we reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in Your order; and
- if we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- When you sign up to become a Buyer, and if you choose to purchase a subscription, your subscription will automatically renew until you cancel it. You can pause a delivery or cancel your membership at any time.
- After completing the subscription or order process on www.blendwell.com.au you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
- The Contract will relate only to the Product you have subscribed to. Each order placed for Products through the Site that we accept results in a separate binding agreement between You and Us for the supply of those Products. For each order accepted by Us, we will supply the Products to you in accordance with these terms and conditions.
- Subscription to our Services consists of an initial charge followed by recurring charges on a weekly, fortnightly or monthly basis, as agreed to by you. By entering into an agreement to subscribe to our Services, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. To terminate your authorisation or change your payment method log into your account and update your information or email email@example.com.
- By subscribing to the Services of Blend Well you are agreeing to pay a recurring subscription fee for an indefinite period until cancelled by You or Us. The subscription amount and billing interval are set out by You on the checkout page and the ‘My Account’ customer login area on www.blendwell.com.au. You can cancel your subscription at any time. You will not be charged for any cancellation however You will be subject to the terms of Our Cancellation Policy. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where We have previously elected to terminate a subscription by You.
- We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for Our decision.
- You may cancel your smoothie subscription at any time by or via your “My Account” login page or by emailing us at firstname.lastname@example.org from the email address associated with your account, requesting that your account be cancelled. Depending on your weekly renewal date, which is available on your “My Account” page, your cancellation will be effective between one (1) and seven (7) days after you request cancellation. You are responsible for all smoothie subscription charges incurred before the effective date of your cancellation.
- In the event you cancel your smoothie subscription, please note that we may still send you promotional communications about Blend Well, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
- You may suspend your subscription at any time by logging into your ‘My Account’ page on www.blendwell.com.au or by emailing email@example.com.
- Your suspension request will take effect in between one (1) and seven (7) days depending on your subscription renewal date, which is stated on your “My Account” page.
- You can reactivate your subscription at any time free of charge by logging into your ‘My Account’ page on www.blendwell.com.au or by emailing firstname.lastname@example.org.
CHANGE OF REGISTRATION DETAILS
- You must promptly advise us of any changes to your information provided to us as part of the customer registration process.
- Changes to address details and/or delivery instructions must be communicated by 11.59pm Friday the week prior to the effective date.
- Changes to payment details must be communicated at least 5 days prior to the effective date. Blend Well will not be liable for any charges you incur as a result of out of date payment information. If Blend Well incurs an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.
- If delivery is made to an address associated with your account that is no longer your delivery address, and you have failed to inform Us of your change of address, Blend Well is not responsible for redelivery to your new address, nor are We responsible for reimbursing You for any costs associated with your failure to inform us of your change of address.
PRICING AND PAYMENT
- Product prices include applicable taxes including GST.
- Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page.
- Recurring payments will be made on the a billing cycle selected by You during the registration process until payment is discontinued by either You or Us.
- On occasion Blend Well may need to increase or decrease the price of its products.Where price adjustments are to be made Blend Well will provide notice by email no less than 14 days before the changes take effect. After such time, Blend Well will apply the revised pricing for your subscribed service to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate your subscription before items are delivered under the new pricing plan.
- If you are dissatisfied with a smoothie or smoothie ingredient for any reason, please contact us at email@example.com within seven (7) days of the date You received your smoothie delivery and we will either replace the smoothie at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that smoothie. We may require the return or photographic evidence of the smoothie pack or ingredient that You are dissatisfied with before we provide You a replacement, credit or refund.
- Our products come with guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The consumer guarantees that apply to goods you purchase:
- Goods will be of acceptable quality
- Goods will be fit for a particular purpose
- Goods will match their description
- Any express warranties will be honoured
- You will have title to the goods
- You acknowledge that the products and images displayed on www.blendwell.com.au are indicative only and that the products you receive may vary from those displayed according to seasonal availability. In particular, images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- Free blender promotional offer subject to a customer minimum purchase of $139 per month over a 12-month period (total minimum value $1,668). The blender awarded under the promotional offer is the Ninja Nutri Ninja Blender DUO – BL642NZ or an equivalent blender. Blend Well cannot guarantee the make and model of the blender at time of redemption of the offer as it is subject to stock at the time. The customer will receive the blender at the commencement of a 12-month contract signed by an appointed company representative. Offer available only to Australian businesses with an Australian Business Number (ABN) or Australian Company Number (ACN). Promotional offer only available once per business.
- Corporate discounts only available on orders of 21 or more smoothies per month.
LIMITATION OF LIABILITY
- To the maximum extent permitted by law, Blend Well provides our Service and content on an “as-is” and “as available” basis. While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of Our Site, we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected.
- This limitation applies to all direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses You or others may suffer, including for loss of profits, business interruption or loss or corruption of data or information.
- To the maximum extent permitted by law, Blend Well expressly disclaims all warranties and conditions with regard to any portion of our Service, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all responsibility for any loss, injury, claim, liability or damage of any kind, including resulting from, arising out of or any way related to errors in or omissions from the Our Site; any third party contents therein directly or indirectly accessed through links on Our Site, the unavailability of the Service, or any portion; or computer viruses, system failure or malfunction which may occur in connection with your use of the Our Site, including during hyperlink to or from third party content.
- Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
- You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Blend Well in relation to the Products or Service or their use or application.
INTELLECTUAL PROPERTY RIGHTS
- We are the owner or the licensee of all intellectual property rights on Our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
- You acknowledge and agree that all content, coding, graphics, and information available on Our Site are protected by copyright, trade mark or other intellectual property rights and laws and remains the property of Blend Well or third party suppliers as the case may be.
- You may print off copies or download extracts of any pages from Our Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from Us.
If we fail at any time during the term of the Contract between You and Us to enforce these Terms and Conditions, this shall not be construed as a waiver of Blend Well’s rights and will not relieve You from compliance with the obligations contained herein. No waiver by Us of these Terms and Conditions will be effective unless expressly stated in writing by Us and communicated to You directly.