Terms and Conditions

LOW CARB EMPORIUM TERMS AND CONDITIONS OF USE

LOW CARB EMPORIUM WEBSITE TERMS AND CONDITIONS OF USE

  1. About the Website

1.1.        Welcome to www.lowcarbemporium.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

1.2.        The Website is operated by Low Carb Emporium Pty Ltd (acn: 625 024 419) (‘Low Carb Emporium’). Access to and use of the Website, or any of its associated Products or Services, is provided by Low Carb Emporium. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3.        Low Carb Emporium reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Low Carb Emporium updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

  1. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Low Carb Emporium in the user interface.

  1. Personal Information

3.1.        When purchasing a Product, you will be required to provide personal information such as your name, address, e-mail address and telephone number.

3.2.       To access certain features of the Application you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

  • Name
  • Email address
  • Preferred username
  • Mailing address
  • Telephone number
  • Password

3.3         You agree that all details that you have provided in completing the purchase are true and correct.

3.4.        Your personal information is kept in accordance with the Low Carb Emporium Privacy Policy (‘Privacy Policy’) which can be accessed on our Privacy Policy page.

  1. Use of the Purchase Services

4.1    You may not use the Purchase Services and may not accept the Terms if:

          (a) you are not of legal age to form a binding contract with Low Carb Emporium; or

          (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

  1. Your obligations

5.1     If you have set up an account with the Application, you agree to comply with the following:

         (a) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

         (b) you will not impersonate another person or use another person’s details without their permission when using the Application;

         (c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Low Carb Emporium of any unauthorised use of your password or email address or any breach of security of which you have become aware;

         (d) access and use of the Application through your account is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Low Carb Emporium providing the Purchase Services.

  1. Purchase of Products

6.1.        In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

6.2.        Payment of the Purchase Price may be made through Paypal, AfterPay, ZipPay or Stripe (the 'Payment Gateway Providers')

6.3.        In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

6.4.        Low Carb Emporium endeavours to ensure all product information displayed on the Website is up to date and current.  However, from time to time suppliers do change product details, and these may not be updated on the Website at the time You purchase.  You agree and acknowledge that it is Your responsibility to check all packaging of products when received for up to date and current information, prior to consumption. 

6.5.        Following payment of the Purchase Price being confirmed by Low Carb Emporium, you will be issued with a receipt to confirm that the payment has been received and Low Carb Emporium may record your purchase details for future use.

6.6.        Low Carb Emporium reserves the right to accept or reject your order for any reason, including if the requested Product is not available.

6.7.        You understand and agree that it is Your responsibility to provide correct and current delivery address details when placing an order with Low Carb Emporium.

6.8.        Low Carb Emporium will send email notifications to You in relation to Your order.  You understand and agree that it is Your responsibility to check your email spam/junk folder for any email notifications. 

  1. Refunds and Returns

7.1.        Low Carb Emporium wants you to be satisfied with your Product. If you have any issues with Low Carb Emporium Products, please e-mail  hello@lowcarbemporium.com.au.

7.2.        If You have received an incorrect Product, Low Carb Emporium will provide a refund on the return of the Products. To request a refund and organize a return please e-mail hello@lowcarbemporium.com.au with your proof of purchase and photographs of the Product you have received within 2 business days of receiving the Product. If you have received a damaged product, please e-mail hello@lowcarbemporium.com.au with photographs of the damaged Product you have received within 2 business days of receiving the Product.

7.3. If there is a product missing in your order, please e-mail hello@lowcarbemporium.com.au to let us know within 2 business days of receiving the order. Low Carb Emporium will either refund or send out the missing item at it's own discretion.  

7.4.        Low Carb Emporium does not provide refunds for change of mind or taste disappointment.

7.5.       Low Carb Emporium will not be responsible for any loss (including theft) of delivered products or spoilage following an unattended delivery and no refund will be provided for such cases.

7.6.        Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.

7.7.        In the following circumstances, no refund or return will be available:

(a)          Denied acceptance of delivery by receiver;

(b)          Inaccurate delivery address;

(c)           Absent receiver -  If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it may be returned to Low Carb Emporium. An additional return fee will be charged to the receiver by Low Carb Emporium to reimburse Low Carb Emporium for postage costs charged to it by the delivery provider for the return of the parcel.

7.8.        If items have been returned to Low Carb Emporium for any of the reasons set out in 7.7 above, and You wish to arrange for a re-send, Low Carb Emporium will charge you for additional postage costs to do so, in addition to the costs outlined at 7.7(c). If you wish to arrange for a refund please note that refunds will not be provided for any perishable items (such as Palena Fresh), any Essentially Keto products or any chocolate or confectionary products and the original shipping fees and the return to sender fees charged to us by AusPost will be deducted from any refund value. 

7.8       If you purchase any perishable items such as the Alpine or Palena Fresh ranges with the intention of picking your order up from our warehouse we will pack your order with at least 3 days remaining before the Use By date on the perishable items. If you do not collect your order within this time and the Use By date on these items pass, we will have to discard such items and provide the order to you without them. You acknowledge that you will not be eligible for a refund in such cases as these perishable items were specifically reserved for you.    

 

  1. Cancellations

8.1.        Once payment for an order has been accepted, cancellation is at the discretion of Low Carb Emporium. If you wish to cancel your order, please contact Low Carb Emporium immediately on 03 7018 4130 or via hello@lowcarbemporium.com.au

8.2.        Cancellation of orders must be made within 1 hour of the time of order.

8.3.        Where a Product has been listed at an incorrect price, or has incorrect written information or images, Low Carb Emporium reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.

  1. Shipping

9.1.        You acknowledge that the Purchase Services offered by Low Carb Emporium integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers'). Please see our Shipping Information Page for more information. By accepting these Terms and Conditions you are accepting and agreeing to the Low Carb Emporium Shipping Terms and Conditions

9.2.        In providing the Purchase Services, Low Carb Emporium may provide you with a variety of delivery options as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Low Carb Emporium is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

9.3.        In the event that an item is lost or damaged in the course of the Delivery Services, Low Carb Emporium asks that you:

(a)          In the event of delivery delays: contact the Delivery Service Provider directly to request an update on the delivery status and/or for them to launch an investigation about the delay; or

(b)          In the event of a damaged item or parcel: contact Low Carb Emporium by sending an email to hello@lowcarbemporium.com.au outlining in what way the products were damaged in transit. Please provide all relevant photographs outlining the damage. Please note that no refund will be provided for chocolates that melt in transit even if purchased with an ice pack. 

9.4. The default shipping option for the Frozen Courier Service is Authority to Leave. Please note that any frozen items, whether packed in an esky or not, may spoil if left unattended. We recommend being home to accept your order if purchasing via the Frozen Courier Service. Low Carb Emporium will not be responsible for any loss (including theft) of delivered products or spoilage following an unattended delivery.

Please note that condiments, sauces, drinks and other items in glass containers are unsuitable for frozen shipping and we kindly ask that you do not order such items via the Frozen Courier Service. If any such items are included in your order, we will, at out discretion, remove and refund those items prior to shipping and will not be able to split the order or offer reduced cost or complimentary shipping for such items.

9.5. The default shipping option for all other deliveries at Low Carb Emporium require a signature on delivery. The Delivery Service Providers (such as Australia Post) may contact you for alternate delivery authorisations. If you choose to authorise a "leave in a safe place" delivery, Low Carb Emporium is unable replace the package in case of loss or damage. Delivery Service Providers, may at their own discretion, decide if the "leave in a safe place" delivery option is appropriate. If it is inappropriate, they may leave a card in the event that no one is able to accept delivery. In such event you may be required to collect your parcel from a nominated location such as a post office.

9.6 Please note hours and days of operation during holiday periods. Orders will not be processed during times when the warehouse is closed and will be processed in order received once the warehouse reopens from holiday periods. Deliveries for frozen goods are guides only and may be subject to change during public holidays.

  1. Warranty

10.1.        Low Carb Emporium’ 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 of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). To make a warranty claim, please contact hello@lowcarbemporium.com.au with a proof of purchase and photographs of the Product you have received.

10.2.        The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

  1. Copyright and Intellectual Property

11.1.        The Website, the Purchase Services and all of the related products of Low Carb Emporium are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Low Carb Emporium or its contributors.

11.2.        Low Carb Emporium retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a)          the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Low Carb Emporium; or

(b)          the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c)           a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

11.3.        You may not, without the prior written permission of Low Carb Emporium and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

  1. Mailing List

12.1       When making a purchase, you will be given the opportunity to sign up for the Low Carb Emporium Mailing List. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from Low Carb Emporium via e-mail.

12.2       You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing hello@lowcarbemporium.com.au.

  1. Low Carb Emporium Loyalty Rewards Program

13.1.      Low Carb Emporium offers a complimentary Loyalty Rewards Program (‘Rewards Program’) administered through Smile (the ‘Rewards Program Service Provider’).

13.2.      Benefits of the Rewards Program can only be used for online purchases.

13.3.      Rewards points are valid for 12 months only.

13.4.      In creating a Rewards Program account, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Rewards Program Service Provider found at https://smile.io/.

13.5.      The Rewards Program does not apply to wholesale customers.

  1. Discounts

14.1.   Low Carb Emporium may offer and make available discounts codes from time to time for customers to use for their purchases.

14.2    Discount codes cannot be used with other discount codes and are not applicable to shipping charges or for the purchase of gift cards.

14.3    Discount codes are issued for single use only

14.4    A discount code for a customer’s first purchase, as may be issued for time to time via the web-based mailing list sign-up, is issued for customers that have previously not made a purchase at Low Carb Emporium and is valid for 7 days only.

14.5    Any unique discount codes issued to customers cannot be replaced in case of misplacement

14.6    Discount codes are only for online purchases and do not apply to instore purchases

14.7    Low Carb Emporium may discontinue and cancel any discount codes at any time at its own absolute discretion.

  1. Mutual Respect

We understand that the world is a stressful place at the moment. Our commitment to you is to treat you courteously and with respect. We ask that you please treat our staff, customers and suppliers with the with the same courtesy and respect. We have adopted a zero-tolerance approach to rude or aggressive behaviour. In the even that our staff, suppliers or customers are treated in a rude or aggressive manner, we reserve the right to:

  • Cancel your order and provide a refund; and/or
  • Not accept future orders from you by cancelling and refunding any such future orders; and/or
  • Not publishing any product review that display rude, aggressive or disparaging language directed towards any specific brand or staff
  1. Privacy

Low Carb Emporium takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Low Carb Emporium’ Privacy Policy.

  1. General Disclaimer

17.1.      You acknowledge that Low Carb Emporium does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

17.2.      Low Carb Emporium will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.

17.3.      Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

17.4.      Subject to this clause, and to the extent permitted by law:

(a)          all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b)          Low Carb Emporium will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

17.5.      Use of the Website, the Purchase Services, and any of the products of Low Carb Emporium is at your own risk. Everything on the Website, the Purchase Services, and the Products of Low Carb Emporium, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Low Carb Emporium make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Low Carb Emporium) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a)          failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)          the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(c)           costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(d)          the Content or operation in respect to links which are provided for the User's convenience;

(e)          any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f)           any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

  1. Affiliate Link Disclosure

18.1.      Low Carb Emporium may receive compensation for recommendations made in reference to the products or services on the Website.

18.2.      This compensation may be in the form of money, services, products, discounts, or special access and could exist without any action from a website visitor. Should you purchase a product or service that was recommended and/or linked on the Website, it is understood that some form of compensation may be made to us by the owners of that product or service.

  1. Limitation of Liability

19.1.      Low Carb Emporium' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Low Carb Emporium is the resupply of information or Purchase Services to you.

19.2.      You expressly understand and agree that Low Carb Emporium, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

19.3.      Low Carb Emporium is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Low Carb Emporium, by third parties or by any of the Purchase Services offered by Low Carb Emporium.

  1. Food and Nutrition Information Disclaimer

20.1.      The information contained on this Website and within all associated Products is for general information purposes only and is not meant to substitute professional treatment. You agree to consult a medical practitioner prior to following any advice or utilizing information or Products offered by Low Carb Emporium. Any statements regarding food and nutrition are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.

20.2.      Views expressed by guest bloggers are their own and do not necessarily the views of Low Carb Emporium.

  1. Force Majeure

21.1.      If circumstances beyond Low Carb Emporium’s control prevent or hinder its provision of the Products, Low Carb Emporium is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Low Carb Emporium may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

 

21.2.      Circumstances beyond Low Carb Emporium’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

  1. Indemnity

22.1.      You agree to indemnify Low Carb Emporium, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)          all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b)          any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c)           any breach of the Terms.

  1. Venue and Jurisdiction

The Purchase Services offered by Low Carb Emporium is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

  1. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  1. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  1. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

 

LOW CARB EMPORIUM APPLICATION TERMS AND CONDITIONS OF USE

  1. About the Application

1.1. Welcome to the Low Carb Emporium Australia Mobile Application (the 'Application'). The Application is a shopping application that provides you with an opportunity to browse and purchase various products that have been listed and advertised for sale through the Application (the 'Products'). The Application provides this service by way of granting you access to the content on the Application (the 'Purchase Services').
1.2. The Application is operated by Low Carb Emporium Pty Ltd (acn: 625 024 419) (‘Low Carb Emporium’). Access to and use of the Application, or any of its associated Products or Services, is provided by Low Carb Emporium. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or accessing the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of Services, immediately.
1.3. Low Carb Emporium reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Low Carb Emporium updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

  1. Acceptance of the Terms

You accept the Terms by remaining on the Application or using the Purchase Services. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Low Carb Emporium in the user interface.

  1. Personal Information


3.1. When purchasing a Product, you will be required to provide personal information such as your name, address, e-mail address and telephone number.
3.2. To access certain features of the Application you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
(a) Name
(b) Email address
(c) Preferred username
(d) Mailing address
(e) Telephone number
(f) Password

3.3. You agree that all details that you have provided in completing the purchase are true and correct.
3.4. Your personal information is kept in accordance with the Low Carb Emporium Privacy Policy (‘Privacy Policy’) which can be accessed on our Privacy Policy page.

  1. Use of the Purchase Services


4.1. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Low Carb Emporium; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.


  1. Your obligations

5.1. If you have set up an account with the Application, you agree to comply with the following:
(a) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(b) you will not impersonate another person or use another person’s details without their permission when using the Application;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Low Carb Emporium of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Application through your account is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Low Carb Emporium providing the Purchase Services.

  1. General Application Restrictions

6.1. You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
6.2. You agree to comply with the following Application use restrictions:
(a) you will not use the Purchase Services or Application for any illegal and/or unauthorised use or unauthorised framing of or linking to the Application;
(b) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Low Carb Emporium for any illegal or unauthorised use of the Application;
(c) you agree and acknowledge that you will not knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Application;
(d) you agree not to reformat or frame any portion of the Application;
(e) you acknowledge and agree that any automated use of the Application or its Purchase Services is prohibited.

  1. Purchase of Products

7.1. In using the Purchase Services to purchase the Product through the Application, you will agree to the payment of the purchase price listed on the Application for the Product (the 'Purchase Price').
7.2. Payment of the Purchase Price may be made through Paypal, AfterPay, ZipPay or Stripe (the 'Payment Gateway Providers')
7.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
7.4. Low Carb Emporium endeavours to ensure all product information displayed on the Application is up to date and current. However, from time to time suppliers do change product details, and these may not be updated on the Application at the time You purchase. You agree and acknowledge that it is Your responsibility to check all packaging of products when received for up to date and current information, prior to consumption.
7.5. Following payment of the Purchase Price being confirmed by Low Carb Emporium, you will be issued with a receipt to confirm that the payment has been received and Low Carb Emporium may record your purchase details for future use.
7.6. Low Carb Emporium reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
7.7. You understand and agree that it is Your responsibility to provide correct and current delivery address details when placing an order with Low Carb Emporium.
7.8. Low Carb Emporium will send email notifications to You in relation to Your order. You understand and agree that it is Your responsibility to check your email spam/junk folder for any email notifications.

7.9 If you purchase any perishable items such as the Alpine or Palena Fresh ranges with the intention of picking your order up from our warehouse we will pack your order with at least 3 days remaining before the Use By date on the perishable items. If you do not collect your order within this time and the Use By date on these items pass, we will have to discard such items and provide the order to you without them. You acknowledge that you will not be eligible for a refund as these perishable items were specifically reserved for you.    

  1. Refunds and Returns

8.1. Low Carb Emporium wants you to be satisfied with your Product. If you have any issues with Low Carb Emporium Products, please e-mail hello@lowcarbemporium.com.au.
8.2. If You have received the incorrect Product, Low Carb Emporium will provide a refund on the return of the Products. To request a refund and organize a return please e-mail hello@lowcarbemporium.com.au with your proof of purchase and photographs of the Product you have received within 2 business days of receiving the Product. 

8.3. If there is a product missing in your order, please e-mail hello@lowcarbemporium.com.au to let us know within 2 business days of receiving the order. Low Carb Emporium will either refund or send out the missing item at it's own discretion.  
8.4. Low Carb Emporium does not provide refunds for change of mind.

8.5.       Low Carb Emporium will not be responsible for any loss (including theft) of delivered products or spoilage following an unattended delivery and no refund will be provided for such cases.
8.6. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Application or by the Delivery Service Providers.
8.7. In the following circumstances, no refund or return will be available:
(a) Denied acceptance of delivery by receiver;
(b) Inaccurate delivery address;
(c) Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it may be returned to Low Carb Emporium and a return fee will be charged to the initial payment method to reimburse Low Carb Emporium for postage costs charged to it by the delivery provider.
8.8. If items have been returned to Low Carb Emporium for any of the reasons set out in 8.7 above, and you wish to arrange for a re-send, Low Carb Emporium will charge you for additional postage costs to do so, in addition to the costs outlined at 8.7(c). If you wish to arrange for a refund please note that refunds will not be provided for any perishable items (such as Palena Fresh), any Essentially Keto products or any chocolate or confectionary products and the original shipping fees and the return to sender fees charged to us by AusPost will be deducted from any refund value. 

  1. Cancellations

9.1. Once payment for an order has been accepted, cancellation is at the discretion of Low Carb Emporium. If you wish to cancel your order, please contact Low Carb Emporium immediately on 03 7018 4130.
9.2. Cancellation of orders must be made within 1 hour of the time of order.
9.3. Where a Product has been listed at an incorrect price, or has incorrect written information or images, Low Carb Emporium reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.

9.4 The default shipping options at Low Carb Emporium require a signature on delivery. The Delivery Service Providers (such as Australia Post) may contact you for alternate delivery authorisations. If you choose to authorise a "leave in a safe place" delivery, Low Carb Emporium is unable replace the package in case of loss or damage. Delivery Service Providers, may at their own discretion, decide if the "leave in a safe place" delivery option is appropriate. If it is inappropriate they may leave a card in the event that no one is able to accept delivery. In such event you may be required to collect your parcel from a nominated location such as a post office.

  1. Shipping

10.1.        You acknowledge that the Purchase Services offered by Low Carb Emporium integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers'). Please see our Shipping Information Page for more information. By accepting these Terms and Conditions you are accepting and agreeing to the Low Carb Emporium Shipping Terms and Conditions

10.2.        In providing the Purchase Services, Low Carb Emporium may provide you with a variety of delivery options as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Low Carb Emporium is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

10.3.        In the event that an item is lost or damaged in the course of the Delivery Services, Low Carb Emporium asks that you:

(a)          In the event of delivery delays: contact the Delivery Service Provider directly to request an update on the delivery status and/or for them to launch an investigation about the delay; or

(b)          In the event of a damaged item or parcel: contact Low Carb Emporium by sending an email to hello@lowcarbemporium.com.au outlining in what way the products were damaged in transit. Please provide all relevant photographs outlining the damage. Please note that no refund will be provided for chocolates that melt in transit even if purchased with an ice pack. 

10.4. The default shipping option for the Frozen Courier Service is Authority to Leave. Please note that any frozen items, whether packed in an esky or not, may spoil if left unattended. We recommend being home to accept your order if purchasing via the Frozen Courier Service. Low Carb Emporium will not be responsible for any loss (including theft) of delivered products or spoilage following an unattended delivery.

Please note that condiments, sauces, drinks and other items in glass containers are unsuitable for frozen shipping and we kindly ask that you do not order such items via the Frozen Courier Service. If any such items are included in your order, we will, at out discretion, remove and refund those items prior to shipping and will not be able to split the order or offer reduced cost or complimentary shipping for such items.

10.5. The default shipping option for all other deliveries at Low Carb Emporium require a signature on delivery. The Delivery Service Providers (such as Australia Post) may contact you for alternate delivery authorisations. If you choose to authorise a "leave in a safe place" delivery, Low Carb Emporium is unable replace the package in case of loss or damage. Delivery Service Providers, may at their own discretion, decide if the "leave in a safe place" delivery option is appropriate. If it is inappropriate, they may leave a card in the event that no one is able to accept delivery. In such event you may be required to collect your parcel from a nominated location such as a post office.

10.6 Please note hours and days of operation during holiday periods. Orders will not be processed during times when the warehouse is closed and will be processed in order received once the warehouse reopens from holiday periods. Deliveries for frozen goods are guides only and may be subject to change during public holidays.

  1. Warranty

11.1. Low Carb Emporium’ 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 of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). To make a warranty claim, please contact hello@lowcarbemporium.com.au with a proof of purchase and photographs of the Product you have received.
11.2. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

  1. Copyright and Intellectual Property

12.1. The Application, the Purchase Services and all of the related products of Low Carb Emporium are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Application content and compilation of the Application (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Low Carb Emporium or its contributors.
12.2. Low Carb Emporium retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Low Carb Emporium; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
12.3. You may not, without the prior written permission of Low Carb Emporium and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

  1. Mailing List

13.1 When making a purchase, you will be given the opportunity to sign up for the Low Carb Emporium Mailing List. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from Low Carb Emporium via e-mail.
13.2 You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing hello@lowcarbemporium.com.au.

  1. Low Carb Emporium Loyalty Rewards Program

14.1. Low Carb Emporium offers a complimentary Loyalty Rewards Program (‘Rewards Program’) administered through Smile (the ‘Rewards Program Service Provider’).
14.2. Benefits of the Rewards Program can only be used for online and Application purchases.
14.3. Rewards points are valid for 12 months only.
14.4. In creating a Rewards Program account, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Rewards Program Service Provider found at https://smile.io/.

  1. Discounts

15.1 Low Carb Emporium may offer and make available discounts codes from time to time for customers to use for their purchases.
15.2 Discount codes cannot be used with other discount codes and are not applicable to shipping charges or for the purchase of gift cards.
15.3 Discount codes are issued for single use only
15.4 Any unique discount codes issued to customers cannot be replaced in case of misplacement
15.5 Discount codes are only for online purchases and do not apply to instore purchases
15.6 Low Carb Emporium may discontinue and cancel any discount codes at any time at its own absolute discretion.

  1. Mutual Respect

We understand that the world is a stressful place at the moment. Our commitment to you is to treat you courteously and with respect. We ask that you please treat our staff, customers and suppliers with the with the same courtesy and respect. We have adopted a zero-tolerance approach to rude or aggressive behaviour. In the even that our staff, suppliers or customers are treated in a rude or aggressive manner, we reserve the right to:

  • Cancel your order and provide a refund; and/or
  • Not accept future orders from you by cancelling and refunding any such future orders; and/or
  • Not publishing any product review that display rude, aggressive or disparaging language directed towards any specific brand or staff
  1. Privacy

Low Carb Emporium takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Low Carb Emporium’ Application Privacy Policy.

  1. General Disclaimer

18.1. You acknowledge that Low Carb Emporium does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
18.2. Low Carb Emporium will make every effort to ensure a Product is accurately depicted on the Application, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Application.
18.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
18.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Low Carb Emporium will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
18.5. Use of the Application, the Purchase Services, and any of the products of Low Carb Emporium is at your own risk. Everything on the Application, the Purchase Services, and the Products of Low Carb Emporium, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Low Carb Emporium make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Low Carb Emporium) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Application);
(c) costs incurred as a result of you using the Application, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

  1. Affiliate Link Disclosure

19.1. Low Carb Emporium ay receive compensation for recommendations made in reference to the products or services on the Application.
19.2. This compensation may be in the form of money, services, products, discounts, or special access and could exist without any action from an Application visitor. Should you purchase a product or service that was recommended and/or linked on the Application, it is understood that some form of compensation may be made to us by the owners of that product or service.

  1. Limitation of Liability

20.1. Low Carb Emporium' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Low Carb Emporium is the resupply of information or Purchase Services to you.
20.2. You expressly understand and agree that Low Carb Emporium, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
20.3. Low Carb Emporium is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Application or in connection with the Purchase Services, whether posted or caused by users of the Application of Low Carb Emporium, by third parties or by any of the Purchase Services offered by Low Carb Emporium.

  1. Food and Nutrition Information Disclaimer

21.1. The information contained on this Application and within all associated Products is for general information purposes only and is not meant to substitute professional treatment. You agree to consult a medical practitioner prior to following any advice or utilizing information or Products offered by Low Carb Emporium. Any statements regarding food and nutrition are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
21.2. Views expressed by guest content providers are their own and do not necessarily the views of Low Carb Emporium.

  1. Force Majeure

22.1. If circumstances beyond Low Carb Emporium’s control prevent or hinder its provision of the Products, Low Carb Emporium is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Low Carb Emporium may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

22.2. Circumstances beyond Low Carb Emporium’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

  1. Indemnity

23.1. You agree to indemnify Low Carb Emporium, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Application;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.

  1. Venue and Jurisdiction

The Purchase Services offered by Low Carb Emporium is intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

  1. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  1. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  1. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Mobile Terms of Service

Low Carb Emporium Australia

Last updated: July 12, 2024

The Low Carb Emporium Australia mobile message service (the "Service") is operated by Low Carb Emporium Australia (“Low Carb Emporium Australia”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Low Carb Emporium Australia’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Low Carb Emporium Australia through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Low Carb Emporium Australia. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to LowCarbEmp or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Low Carb Emporium Australia mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to LowCarbEmp or email hello@lowcarbemporium.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.