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Website: https://www.activnutrition.com.au
ABN: 44 110 294 676
Effective Date: 17 October 2026
Last Updated: 17 October 2026
(a) Welcome to https://www.activnutrition.com.au (the “Website”). The Website is operated by Activ Nutrition (ABN 44 110 294 676), referred to in these Terms and Conditions as “Activ Nutrition”, “we”, “us” or “our”.
(b) The Website enables customers to browse, select and purchase products offered by Activ Nutrition (the “Products”) and access associated services (the “Services”).
(c) These Terms and Conditions (the “Terms”) govern access to the Website, purchases, payments, deliveries, returns, exchanges, refunds, customer accounts and other Services provided by Activ Nutrition.
(d) By accessing the Website or using the Services, you agree to comply with the provisions of these Terms applicable to your use. By placing an order, you agree to the Terms applicable to that purchase.
(e) If you do not agree with these Terms, you should discontinue use of the Website and refrain from placing an order.
(f) Activ Nutrition may amend these Terms to reflect changes in its operations, Products, Services, legal obligations or business requirements. Updated Terms will be published on the Website with a revised effective date.
(g) Amendments will apply prospectively unless otherwise lawfully agreed. Changes will not retrospectively remove rights or alter contractual obligations attached to purchases already accepted.
(h) Nothing in these Terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law (“ACL”), contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(a) By placing an order, you acknowledge that you have had a reasonable opportunity to review these Terms.
(b) Where the Website provides a checkbox, button or other mechanism for accepting these Terms, selecting that option constitutes acceptance.
(c) These Terms operate alongside applicable Product-specific conditions disclosed before purchase and any additional terms lawfully agreed between Activ Nutrition and the customer.
(d) Where a Product-specific provision conflicts with mandatory Australian law, the applicable legal requirement prevails.
(e) Customers must have the legal capacity to enter into a binding purchase agreement or otherwise be authorised to make the purchase.
(f) Any legally required age, identity, prescription or other eligibility requirements must be satisfied before a restricted Product can be supplied.
(a) Customers may be able to purchase Products through a registered account or as a guest, depending on available Website functionality.
(b) Registration may require customers to provide information including:
(c) Customers agree to provide accurate, complete and current information.
(d) Customers are responsible for maintaining the confidentiality of their account credentials and taking reasonable precautions against unauthorised access.
(e) Customers must notify Activ Nutrition promptly where they become aware of unauthorised account activity or a suspected security breach.
(f) Activ Nutrition may take reasonable steps to verify information, investigate suspicious activity, prevent fraud and protect customer accounts.
(g) Activ Nutrition may temporarily suspend or restrict account access where reasonably necessary to investigate a security concern, unlawful activity or material breach of these Terms.
(h) Account restrictions do not extinguish statutory rights associated with previous purchases.
(i) Customers may request account closure by contacting Activ Nutrition. Relevant records may be retained where required or permitted by law.
(a) Customers must use the Website and Services lawfully, responsibly and consistently with these Terms.
(b) Customers must not:
(c) Customers are responsible for reviewing Product selections, quantities, descriptions, prices and delivery information before submitting an order.
(d) Customers should review all Product instructions, ingredient information, warnings and suitability considerations before purchase and use.
(e) Activ Nutrition may take reasonable and proportionate steps to address material breaches of these Terms.
(f) Nothing in this clause prevents customers from making legitimate complaints, publishing lawful reviews, contacting regulatory authorities or exercising statutory consumer rights.
(a) By using the Services to purchase a Product, the customer agrees to pay the purchase price displayed at checkout (the “Purchase Price”).
(b) Unless otherwise indicated, prices are expressed in Australian dollars (AUD) and include GST where applicable.
(c) Applicable shipping charges and other mandatory transaction charges will be disclosed before the customer submits an order.
(d) Payment may be processed through a nominated payment gateway or another payment method made available by Activ Nutrition.
(e) Customers agree to comply with the applicable terms of their selected payment provider.
(f) Payment options may include credit cards, debit cards, electronic payment services and direct bank transfer, subject to availability.
(g) Orders paid by bank transfer may remain pending until payment is received and verified.
(h) Following payment confirmation, Activ Nutrition will issue an acknowledgement or receipt confirming the transaction.
(i) Activ Nutrition may retain transaction information for legitimate accounting, administration, customer service, fraud prevention and regulatory purposes in accordance with applicable privacy laws.
(a) Submission of an order constitutes an offer by the customer to purchase the selected Products.
(b) An automated payment receipt or order acknowledgement does not necessarily constitute final acceptance.
(c) An order is accepted when Activ Nutrition expressly confirms acceptance or dispatches the Products, whichever occurs first.
(d) Before acceptance, Activ Nutrition may decline or cancel an order for legitimate reasons, including:
(e) Where an order cannot be fulfilled and payment has been received, Activ Nutrition will offer an appropriate alternative where practicable or provide a refund for Products that cannot be supplied.
(f) Activ Nutrition will not substitute a materially different Product without customer agreement.
(g) Once an order has been accepted, a customer does not have an automatic right to cancel it solely because they have changed their mind.
(h) Any agreed cancellation or legally required cancellation remedy will be handled according to the applicable agreement and Australian law.
(a) Activ Nutrition maintains a product selection and supplier review process intended to assess Products before approving them for sale.
(b) Depending on the Product, its category and the information available, the review process may include:
(c) The purpose of this process is to support responsible sourcing, appropriate Product representation and consistent purchasing standards.
(d) Approval of a Product for sale does not constitute a representation that Activ Nutrition independently manufactures, tests or certifies every Product or batch unless expressly stated.
(e) Activ Nutrition may rely on information supplied by manufacturers and distributors when assessing Products, while remaining responsible for its own applicable obligations as a supplier.
(f) Product selection and vetting processes do not replace statutory consumer guarantees or relieve Activ Nutrition of responsibility where a Product fails to comply with applicable law.
(g) Activ Nutrition recognises that customers are entitled to receive the Products they purchase, consistent with the descriptions, representations and guarantees applicable to those Products.
(h) Customers are entitled to Products that comply with relevant consumer guarantees, including acceptable quality, fitness for applicable purposes and correspondence with their descriptions.
(i) Where concerns are raised about Product authenticity, composition, quality or performance, Activ Nutrition may investigate using available manufacturer information, specifications, production records, testing documentation and other relevant evidence.
(a) Activ Nutrition does not provide automatic refunds for change of mind purchases.
(b) Change of mind includes circumstances where a customer:
(c) These circumstances do not, by themselves, establish a statutory right to a refund.
(d) Activ Nutrition may consider a goodwill refund under Clause 5.5 but is not obliged to provide one where no legal or contractual refund entitlement exists.
(e) Customers who select an incorrect Product or wish to receive an alternative may request a discretionary exchange under Clause 5.6.
(f) Nothing in this clause restricts a refund, replacement or other remedy required under the ACL or an existing contractual commitment.
(a) Activ Nutrition recognises and will honour all refund obligations imposed by the Australian Consumer Law and other applicable legislation.
(b) Where a refund is legally required, Activ Nutrition will provide it in accordance with the customer’s statutory rights. Such refunds are not subject to Activ Nutrition’s goodwill or commercial discretion.
(c) Activ Nutrition does not provide an automatic entitlement to a refund for change of mind, personal dissatisfaction, incorrect Product selection, financial hardship or changes in personal circumstances where no legal or contractual refund entitlement exists.
(d) Activ Nutrition may nevertheless consider a voluntary refund as a gesture of goodwill on a case-by-case basis.
(e) Goodwill refunds are subject to Activ Nutrition’s discretion, exercised lawfully and consistently with these Terms.
(f) When deciding whether to offer a goodwill refund, Activ Nutrition may consider:
(g) Activ Nutrition may approve or decline a voluntary goodwill refund after considering the relevant circumstances.
(h) The availability of funds to issue a refund does not, by itself, create an obligation to provide a discretionary refund.
(i) Customers acknowledge that completed purchases create operational and commercial commitments, including inventory allocation, product procurement, fulfilment and transaction processing.
(j) Revenue from completed purchases may be allocated towards ordinary business operations. This does not affect any legally required refund obligation.
(k) Activ Nutrition’s decision to provide a goodwill refund in one case does not create a precedent or automatic entitlement to equivalent treatment in another case.
(l) A goodwill refund does not, by itself, constitute an admission that a Product is defective, incorrectly supplied or misrepresented.
(m) Activ Nutrition may propose reasonable conditions for a voluntary goodwill refund, including Product return and inspection requirements, provided those conditions are communicated before acceptance and do not restrict statutory consumer rights.
(n) Once Activ Nutrition has considered and declined a discretionary goodwill request, it may decline to reconsider substantially identical requests in the absence of materially new circumstances or information.
(o) Any complaint alleging a failure to meet consumer guarantees will be considered separately from a goodwill refund request.
(p) Where a refund is legally required, Activ Nutrition will process it within a reasonable period using an appropriate payment method.
(q) A customer will not be required to accept store credit instead of a monetary refund where the customer is legally entitled to a monetary refund.
(r) Nothing in this clause excludes, restricts or modifies statutory consumer rights.
(a) Activ Nutrition may consider exchanges for Products purchased incorrectly or where a customer prefers an alternative Product.
(b) Exchanges for change of mind or incorrect Product selection are discretionary and require preliminary authorisation from Activ Nutrition.
(c) To be eligible for consideration, the original Product must:
(d) Customers must contact Activ Nutrition and obtain preliminary authorisation before returning a Product for a discretionary exchange.
(e) Preliminary authorisation does not constitute final approval.
(f) Activ Nutrition will make a final decision only after physically receiving and inspecting the returned Product.
(g) Photographs or customer statements supplied before return may assist with preliminary assessment but do not replace physical inspection.
(h) Activ Nutrition may decline an exchange where inspection determines that the Product does not meet the applicable conditions.
(i) Where an exchange is approved, the customer is responsible for return shipping, replacement shipping and any additional amount payable for a more expensive Product.
(j) Where the replacement Product is less expensive, Activ Nutrition will refund the relevant difference in price or otherwise resolve that difference by agreement with the customer.
(k) No replacement Product will be dispatched until:
(l) Where a discretionary exchange is declined after inspection, the customer may request the original Product be returned, subject to payment of reasonable return delivery charges disclosed and agreed in advance.
(m) Opened supplements, consumables and personal care Products will not ordinarily be accepted for discretionary exchanges because of hygiene and product safety considerations.
(n) These discretionary exchange conditions do not limit statutory remedies for defective, incorrectly described or otherwise non-compliant Products.
(a) Activ Nutrition is committed to considering Product complaints fairly, professionally and consistently.
(b) Customers who believe a Product is faulty, defective, incorrectly described, incorrectly supplied or otherwise fails to meet a consumer guarantee may contact Activ Nutrition.
(c) Activ Nutrition may request reasonable information necessary to identify and assess the issue, including:
(d) Activ Nutrition may consult manufacturers, suppliers or distributors when assessing a complaint.
(e) Relevant manufacturing, formulation and quality assurance information may be considered alongside the customer’s complaint and other available evidence.
(f) A customer’s personal experience, expectations or subjective assessment of a Product does not, by itself, necessarily establish a manufacturing defect, incorrect ingredient content or another consumer guarantee failure.
(g) Similarly, variations in Product appearance, texture, smell, taste or consistency do not automatically demonstrate that a Product is defective or missing a declared ingredient.
(h) Where relevant, Activ Nutrition may consider the Product’s manufacturing and finishing process when evaluating physical characteristics.
(i) Supplier or manufacturer information is not automatically conclusive and does not replace Activ Nutrition’s own statutory obligations.
(j) Customers are not required to obtain independent laboratory testing or expert evidence as a condition of exercising consumer guarantee rights.
(k) Activ Nutrition may reasonably seek clarification where a customer gives multiple or changing explanations for a refund request.
(l) A change in the customer’s explanation does not automatically establish dishonesty or invalidate a genuine consumer guarantee claim.
(m) Where additional information is reasonably necessary, Activ Nutrition may investigate further, provided the process does not unreasonably delay or restrict a statutory remedy.
(n) Where the available information does not establish a failure of an applicable consumer guarantee, and no other legal or contractual refund entitlement exists, Activ Nutrition may decline a refund request after reasonable assessment.
(o) Where a consumer guarantee failure is established, Activ Nutrition will provide the remedy required by applicable law.
(a) Products supplied by Activ Nutrition are subject to the Australian Consumer Law where applicable.
(b) Consumer guarantees may require Products to:
(c) Where a Product has a major failure under the ACL, an eligible consumer may be entitled to reject the Product and choose between a refund or replacement, subject to the applicable legal requirements.
(d) Where a Product has a minor failure, Activ Nutrition may be entitled to remedy the problem within a reasonable time, with further remedies available where required by law.
(e) A customer cannot be denied a statutory remedy solely because a Product has been opened, used or removed from its original packaging.
(f) A statutory remedy will not be made conditional on approval from the manufacturer or distributor.
(g) Activ Nutrition may undertake reasonable assessments to determine the nature of a reported problem.
(h) Activ Nutrition will not require customers to prove a Product defect through independent laboratory testing where such a requirement would unlawfully restrict consumer rights.
(i) Where required by law, Activ Nutrition will provide an appropriate repair, replacement, refund or other remedy.
(j) Statutory rights are independent of voluntary warranty periods and discretionary returns policies.
(a) For discretionary change-of-mind returns or exchanges, customers are responsible for the costs of returning Products to Activ Nutrition.
(b) Customers are also responsible for replacement shipping charges and any applicable price increase for discretionary exchanges.
(c) Customers must take reasonable care when packing Products for return.
(d) For discretionary returns, customers bear the risk of loss or transit damage until Activ Nutrition receives the returned Product, except where the loss is attributable to Activ Nutrition or applicable law provides otherwise.
(e) Activ Nutrition will not be responsible for postage or shipping costs arising solely from a customer’s change of mind or incorrect Product selection, unless otherwise agreed.
(f) Where Activ Nutrition has supplied a Product different from the Product ordered, Activ Nutrition will bear the reasonable costs associated with correcting the supply error.
(g) Where a Product fails to meet an applicable consumer guarantee, Activ Nutrition will reimburse reasonable return costs or arrange collection where required by the ACL.
(h) Products that can reasonably be posted may need to be returned by the customer for assessment. Where a consumer guarantee failure is confirmed, reasonable return costs already incurred will be reimbursed where required by law.
(i) Where Products are unsafe, unusually difficult or costly to return, Activ Nutrition will arrange or fund collection where required by law.
(j) Where a reported problem is reasonably assessed and no consumer guarantee failure or supply error is established, Activ Nutrition is generally not required to reimburse return shipping costs, except where otherwise agreed or required by law.
(k) Any proposed inspection or collection charges will be disclosed in advance where required by law.
(l) Nothing in this clause excludes, restricts or modifies statutory consumer rights.
(a) Where a refund is legally required or voluntarily approved, Activ Nutrition will arrange payment using an appropriate refund method.
(b) Refunds will ordinarily be processed to the original payment method where practicable.
(c) Activ Nutrition may reasonably verify transaction information where necessary to process a refund securely.
(d) Refunds will be processed within a reasonable period, taking into account the circumstances and applicable legal requirements.
(e) Where required by law, refunds will include applicable delivery charges and other recoverable amounts.
(f) Customers will not be required to accept store credit in place of a monetary refund where a monetary refund is legally required.
(a) Nothing in this Returns and Refunds Policy excludes, restricts or modifies any statutory consumer guarantee or remedy.
(b) Where these Terms conflict with mandatory Australian consumer protection legislation, that legislation prevails.
(c) Activ Nutrition maintains clear commercial boundaries around voluntary refunds and exchanges while recognising its obligation to remedy genuine failures covered by law.
Our goods 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 compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(a) Australian consumer guarantees are not restricted to a standard 30-day period.
(b) The duration of applicable consumer guarantees depends on the circumstances, including the type of Product, its price, expected durability, nature of the reported failure and applicable law.
(c) Manufacturer warranties or other voluntary warranties may apply to particular Products.
(d) These voluntary warranties operate in addition to statutory consumer guarantees.
(e) The expiry of a voluntary warranty does not automatically end statutory consumer rights.
(a) Customers seeking assistance with a warranty or consumer guarantee claim should contact contact@activnutrition.com.au.
(b) Customers may be asked to provide reasonable proof of purchase and information about the reported problem.
(c) Activ Nutrition may consult relevant suppliers or manufacturers where reasonably necessary.
(d) A statutory remedy will not depend solely on manufacturer approval.
(a) Voluntary warranties may exclude damage attributable to misuse, improper storage, accidental damage, unauthorised alteration or failure to follow reasonable instructions, to the extent permitted by law.
(b) Such exclusions do not automatically remove rights under applicable statutory consumer guarantees.
(c) Each claim will be considered according to its circumstances and applicable law.
(a) Activ Nutrition may use third-party postal, courier and logistics providers to fulfil orders.
(b) Available shipping methods, costs and delivery estimates will be provided during checkout or otherwise disclosed before purchase.
(c) Delivery availability may vary depending on destination, Product type, applicable restrictions and carrier service availability.
(a) Activ Nutrition will make reasonable efforts to process and dispatch orders within communicated timeframes.
(b) Delivery estimates are not guaranteed unless Activ Nutrition expressly agrees to a particular delivery commitment.
(c) Delivery may be affected by circumstances outside Activ Nutrition’s reasonable control.
(d) Where a significant delay becomes known, Activ Nutrition will take reasonable steps to inform the customer and assist with resolution.
(e) Customers retain all applicable rights where Products are not supplied within an agreed or legally reasonable period.
(a) Customers are responsible for providing accurate and sufficiently complete delivery information.
(b) Additional reasonable charges may apply where incorrect customer-supplied information causes unsuccessful delivery or additional delivery attempts, provided those charges are appropriately disclosed and lawful.
(c) Activ Nutrition will not impose charges inconsistent with statutory rights or obligations.
(a) Customers who receive incorrect or damaged Products, or who believe an order has been lost, should contact Activ Nutrition.
(b) Activ Nutrition may investigate delivery records, tracking information and relevant carrier communications.
(c) Customers are not required to resolve delivery problems directly with a courier as a condition of exercising rights against Activ Nutrition.
(d) Activ Nutrition will provide an appropriate remedy where required under consumer or contract law.
(a) Certain Products may be subject to age, identity, prescription, geographical or other legal restrictions.
(b) Activ Nutrition may decline a purchase or delivery where supply would be unlawful.
(c) Products requiring a particular lawful supply channel will only be supplied through that channel.
(d) These Terms do not authorise the sale, advertising or delivery of any Product in circumstances prohibited by applicable law.
(a) The Website and its contents, including written material, photographs, graphics, branding, designs, software and other original content, may be protected by copyright, trade mark and other intellectual property laws.
(b) Applicable intellectual property rights belong to Activ Nutrition or the relevant rights holders.
(c) Customers may access Website materials for lawful personal purposes associated with browsing and purchasing Products.
(d) Customers must not reproduce, distribute, modify or commercially exploit protected material without appropriate authorisation, except where permitted by law.
(e) Third-party Product names, imagery and trade marks remain the property of their respective owners.
(f) Nothing in these Terms transfers ownership of intellectual property to the customer.
(a) Activ Nutrition is committed to handling personal information responsibly and in accordance with applicable privacy laws.
(b) Personal information may be collected for purposes including:
(c) Information may be disclosed to authorised payment processors, delivery providers and other service providers where reasonably necessary for legitimate business operations.
(d) Activ Nutrition will take reasonable steps to protect personal information against misuse, loss and unauthorised access, modification or disclosure, in accordance with applicable legal requirements.
(e) Further details concerning information collection, storage, access, correction, marketing and privacy complaints are addressed in Activ Nutrition’s separate Privacy Policy.
(f) Nothing in these Terms authorises information handling that is prohibited by applicable law.
(a) Activ Nutrition makes reasonable efforts to ensure that Product descriptions, specifications, prices and images are accurate.
(b) Manufacturers may change packaging or presentation from time to time.
(c) Where a Product materially differs from its description or fails an applicable consumer guarantee, statutory remedies remain available.
(d) Customers should review Product labelling, ingredients, warnings, directions and other relevant information before use.
(a) The Website may provide general information relating to nutrition, exercise, supplements, wellbeing and related subjects.
(b) Unless expressly stated otherwise, such general information is not intended to constitute personalised medical advice, diagnosis or treatment.
(c) Customers should seek advice from an appropriately qualified health professional where necessary, particularly where existing medical conditions, medications, pregnancy, breastfeeding or other relevant circumstances may affect Product suitability.
(d) Customers should follow Product directions and warnings.
(e) Individual responses to Products may vary.
(f) Activ Nutrition does not guarantee that every customer will experience an identical outcome unless a specific lawful representation to that effect has been made.
(g) Nothing in this clause limits Activ Nutrition’s responsibility for Product representations or applicable consumer, therapeutic goods, food and product safety obligations.
(a) Product information may be supplied by manufacturers, distributors or other third parties.
(b) Activ Nutrition may use relevant supplier documentation when preparing Product listings and assessing quality concerns.
(c) Reliance on supplier information does not remove Activ Nutrition’s applicable statutory responsibilities.
(d) Links to external websites may be provided for convenience.
(e) Third-party websites operate independently and may be governed by separate terms and privacy policies.
(a) Activ Nutrition aims to maintain reliable Website functionality but does not guarantee uninterrupted access.
(b) Access may occasionally be affected by maintenance, security measures, software updates or technical faults.
(c) Activ Nutrition will take reasonable steps to address issues within its control.
(d) Nothing in this clause limits liability that cannot lawfully be excluded.
(a) Nothing in these Terms excludes, restricts or modifies any statutory consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
(b) Activ Nutrition remains responsible for obligations imposed by the Australian Consumer Law and other applicable legislation.
(c) Subject to mandatory legal requirements, Activ Nutrition is not responsible for loss or damage to the extent directly caused by:
(d) Where permitted by law, Activ Nutrition may limit liability for losses that are not reasonably foreseeable and do not arise from an obligation or liability that cannot lawfully be excluded.
(e) Nothing in these Terms excludes compensation for reasonably foreseeable loss or damage where available under the ACL.
(f) Nothing in these Terms excludes liability for fraud, wilful misconduct or other liability that cannot lawfully be excluded.
(g) Any limitation of liability will be interpreted consistently with applicable unfair contract terms legislation.
(a) Customers may discontinue using the Website at any time.
(b) Customers may request closure of their account by contacting Activ Nutrition.
(c) Activ Nutrition may suspend or terminate account access where reasonably necessary because of:
(d) Where reasonably practicable, Activ Nutrition will provide notice or an opportunity to address a remediable issue.
(e) Immediate protective action may be taken where necessary to prevent fraud, security incidents, unlawful conduct or material harm.
(f) Account termination does not automatically cancel accepted orders.
(g) Existing purchase obligations and statutory consumer rights will continue to apply.
(h) Provisions intended by their nature to survive termination will continue to operate to the extent permitted by law.
(a) To the extent permitted by law, customers may be responsible for reasonable losses directly caused to Activ Nutrition by their fraudulent, unlawful or intentionally wrongful conduct in connection with the Website.
(b) Such responsibility is limited to loss legally attributable to that conduct.
(c) Customers are not required to indemnify Activ Nutrition for losses arising from Activ Nutrition’s own negligence, unlawful conduct, contractual breaches or statutory failures.
(d) Activ Nutrition will take reasonable steps to mitigate recoverable losses.
(e) Nothing in this clause penalises a customer for making a legitimate complaint, exercising consumer rights, contacting regulators or pursuing lawful remedies.
(f) This clause is subject to applicable unfair contract terms laws.
(a) Customers who experience a problem with a purchase, delivery, Product or Service are encouraged to contact Activ Nutrition.
(b) Complaints may be submitted to contact@activnutrition.com.au.
(c) Customers should provide sufficient information to identify the order and explain the concern.
(d) Activ Nutrition may request clarification or reasonable supporting information where necessary.
(a) Activ Nutrition will make reasonable efforts to assess complaints fairly and within a reasonable timeframe.
(b) Relevant Product records, supplier documentation and other supporting information may be reviewed.
(c) Complaints concerning alleged consumer guarantee failures will be assessed according to applicable law.
(d) Activ Nutrition may distinguish between a request for goodwill and a complaint alleging a statutory failure.
(e) Where a complaint concerns a legally required remedy, Activ Nutrition will act in accordance with its obligations regardless of whether a goodwill request would otherwise have been declined.
(a) Activ Nutrition may maintain a consolidated record of communications relating to an individual complaint.
(b) Where a complaint has been reasonably assessed and a substantive response provided, Activ Nutrition may refer the customer to that response rather than repeatedly reassessing substantially identical information.
(c) Activ Nutrition will consider materially new information that may affect the outcome or the customer’s statutory rights.
(d) A customer’s repeated refund request does not, by itself, create a new entitlement to a discretionary refund.
(e) Activ Nutrition may take reasonable steps to manage threatening, abusive or harassing communications while maintaining an appropriate channel for legitimate complaints.
(f) Customers remain entitled to contact relevant consumer protection authorities and pursue lawful remedies.
(a) Where a complaint cannot be resolved directly, either party may propose further negotiation or voluntary mediation.
(b) Mediation will be undertaken by mutual agreement unless otherwise required by law.
(c) Relevant costs and procedures will be agreed before mediation begins.
(d) Nothing in these Terms prevents a customer from contacting a regulator, pursuing a permitted payment dispute, or commencing proceedings before an appropriate court or tribunal.
(e) Customers are not required to complete an internal complaints process as a condition of exercising statutory consumer rights.
(a) Activ Nutrition operates from Victoria, Australia.
(b) Subject to applicable law, the courts and tribunals of Victoria may have jurisdiction over disputes relating to these Terms.
(c) Nothing in this clause prevents a customer from commencing proceedings in another court or tribunal where lawfully entitled to do so.
(d) Applicable statutory consumer protections remain unaffected.
(a) These Terms are governed by the laws of Victoria, Australia, together with applicable Commonwealth legislation.
(b) These Terms will be interpreted consistently with the Australian Consumer Law and other applicable statutory requirements.
(c) Nothing in these Terms excludes the operation of mandatory laws applicable to a transaction.
(d) Where any provision conflicts with a mandatory legal requirement, that requirement prevails to the extent of the inconsistency.
(a) Customers are encouraged to read these Terms before purchasing Products.
(b) Customers may seek independent legal or consumer advice where appropriate.
(c) Acceptance of these Terms does not constitute a waiver of statutory consumer rights.
(d) Nothing in these Terms requires customers to declare that they have received independent legal advice.
(e) Activ Nutrition intends these Terms to operate transparently and consistently with applicable Australian law.
(a) If any provision of these Terms is determined by a court or tribunal of competent jurisdiction to be invalid, unlawful or unenforceable, it will be severed to the extent required.
(b) The remaining provisions will continue to operate to the extent legally possible.
(c) A failure or delay by either party to exercise a contractual right does not necessarily constitute a waiver of that right.
(d) Any lawful waiver applies only to the circumstances to which it relates.
(e) These Terms, together with applicable Product-specific conditions and policies lawfully incorporated into the purchase agreement, govern the relevant transaction.
(f) Nothing in these Terms overrides express representations or obligations that cannot lawfully be excluded.
(g) Headings are included for convenience and do not affect interpretation.
(h) These Terms apply prospectively from their effective date and do not retrospectively extinguish rights or obligations arising under earlier accepted purchase agreements.
For enquiries concerning these Terms, orders, Product returns, exchanges, warranty claims or complaints, please contact:
Activ Nutrition
ABN: 44 110 294 676
Website: https://www.activnutrition.com.au
Email: contact@activnutrition.com.au
Effective Date: 17 October 2026
Last Updated: 17 October 2026
© 2026 Activ Nutrition. All rights reserved.
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