Terms of service

Introduction

These purchase conditions set forth the terms and conditions governing the purchase of products from Biogaia.com.au.

Biogaia.com.au sells products via the Internet to private individuals in Australia. The products we sell have an English user manual and can only be delivered to an address in Australia.

BioGaia’s products are food supplements, and the information on Biogaia.com.au should not be interpreted as our products are intended to diagnose, treat or cure any disease.
These purchase conditions were updated on 1 October 2024 and apply to all purchases made after that date. By using this website or placing an order through it, you consent to be bound by these conditions and our Privacy Policy.

We reserve the right to amend these terms and conditions at any time, and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. You may only purchase products for your personal and non-commercial use.

This agreement is governed by Australian law.
Parties
Sellers are:

BioGaia Australia ABN 52 674 500 791
c/o Byrons, 62-64 Burwood Road
Burwood, NSW 2134
Australia

Customer Service Email: info@biogaia.com.au

The seller is hereinafter referred to as "BIOGAIA" or "we".

The buyer is the person listed as the buyer in the order. You must be 18 years of age and not under guardianship to place orders on biogaia.com.au.

The buyer is hereinafter referred to as "buyer" or "you".

Ordering

Orders are placed on our website biogaia.com.au. If you have questions about how to order you are welcome to contact customer service via email at info@biogaia.com.au. We reserve the right to correct an order if delivery for any reason cannot be made.
For orders of products valued greater than AUD1,000, please contact customer service.

Prices

Our prices are stated in Australian Dollars (AUD) including GST and excluding shipping/handling costs. The cost for each delivery method is clearly indicated during the check-out process.

Payment

The following payments are accepted: VISA, MASTERCARD, MAESTRO, APPLE PAY and GOOGLE PAY.

biogaia.com.au use Shopify Payments for secure payment.

Payment is to be made at the time of placing the Order.

Delivery

At checkout, you can choose between different shipping methods. . When the product has left our warehouse, the delivery responsibility passes to the shipping company that delivers your order within the set time for the chosen shipping method. BioGaia cannot guarantee an exact delivery date for products that are not in stock at the time of ordering or for products that have left our warehouse. This means that the total delivery time before the product reaches you can be longer than what is stated as normal for the chosen shipping method.

Subscriptions

As a customer, you can also choose to buy products on an ongoing subscription basis. The selected products will then automatically be sent based on your frequency selection and until you cancel the subscription. The subscription can be cancelled at any time. In the event of termination, the subscription is terminated immediately. You can contact our customer service at any time to change or cancel your subscription. We may make changes to our product range, delivery form and delivery interval. Notifications of changes will be sent before they take effect. Minor changes, such as a change of packaging, will not be announced in addition to the information provided by biogaia.com.au. BioGaia reserves the right to refuse subscriptions.

These purchase conditions may be amended in the event of special needs or in the event of changes in the law, regulations or recommendations. If you have an ongoing subscription you will be notified of the new amended conditions to the email address you have provided, no later than 1 month before the changes take effect.

If, based on the changed terms, you want to terminate the agreement, you can do so without any obligation. Failure to terminate the agreement means that you accept the updated conditions of the agreement. New purchase conditions will also be announced on Biogaia.com.au.

Personal information

In order to implement this purchase agreement, BioGaia will need to process certain personal information about you as a buyer. See our Privacy Policy in relation to how we process your personal information.

Intellectual property

Intellectual property rights regarding the content on Biogaia.com.au, such as texts, graphics and trademarks, are protected by intellectual property law and belong to BioGaia or its licensors. The content of Biogaia.com.au may not be copied, modified, sold, licensed or distributed or in any way exploited commercially without the permission of BioGaia.

Right of withdrawal

You have the right to withdraw from your order within 14 days, without giving any reason.

See our Refund Policy in relation to your right to return and receive a refund.

Complaint

If the product that you have received is defective, please contact us immediately. Depending on the circumstances, you can demand replacement, price reduction or compensation to repair the defect or to cancel the purchase.

If there is a defect in the product, you must notify BioGaia of the defect within a reasonable time after the defect was discovered or should have been discovered.
Notice submitted within two months after you noticed the error must always be considered to have been submitted in a timely manner.

The right to make a complaint is limited to complaints within the expiry date of the product stated on the packaging, and no later than three years after you received the product.

Disputes

Any dispute arising from or related to the use of Biogaia.com.au or the purchase agreement shall be subject to the non-exclusive jurisdiction of the Australian courts. If you are contracting as a consumer under Australian Consumer Law (being the Competition and Consumer Act 2010), nothing in this clause will affect your statutory rights as such.

Limitation of Liability

The Australian Consumer Law provides non-excludable statutory guarantees, conditions or warranties for the supply of certain goods or services. Nothing in these terms and conditions is taken to exclude, restrict or modify any guarantee, condition or warranty that we are prohibited by law from excluding, restricting or modifying.

To the maximum extent permitted by law, our aggregate liability is limited to the resupply of the relevant product or payment of the costs of resupplying the relevant product.

We do not accept liability for any indirect, special, incidental or consequential loss or exemplary damages suffered by you arising from product/s we have supplied.

Transfer of rights and disclaimer

We may transfer, assign, charge, sub-contract or otherwise dispose of this purchase agreement, or any of our rights or obligations arising under it, at any time during the term of the purchase agreement. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under this agreement or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

While we try to make sure that all prices posted here are accurate at all times, we are not responsible for typographical and other errors that may appear on the Biogaia.com.au, or delivery problems due to conditions beyond our control. Any offers apply as long as we the product in question in stock. We do not take responsibility for incorrect use of the products. The buyer is obliged to follow the stated dosage of the product.

We reserve the right to refuse or cancel your order in case you are in breach of these purchase conditions.