Wholesale Customer Website Terms

(Update 26 Aug 2025)

This AGREEMENT is between Elektra Life Pty and its registered Wholesale Purchasers (Purchaser).

This WEBSITE www.elektramagnesium.com.au (Site) is operated by Elektra Life Pty Ltd, ABN 54133877693, an Australian company which manufactures and owns the brand Elektra Magnesium® (we, our or us).
Postal address: P.O. Box 1347 Nerang QLD 4211 or
Office: 26 Goldmine Court, Advancetown QLD 4211, Australia. Ph: 61 7 55020865.
admin@elektramagnesium.com.au

WHOLESALE PURCHASE AGREEMENT

1) Elektra Life Pty Ltd does not offer credit terms. Online orders can be paid for at the time of purchase online via Visa, Mastercard, or Paypal. Alternatively, the OPTION ‘Purchase Order’ can be selected for the purpose of direct bank deposit or cheque payment, after which an order acknowledgement is emailed to your registered email with bank deposit details.
2) If for any reason products have been supplied and the customer's cheque or credit card payment is dishonoured, and the amount owing remains unpaid, the products remain the property of Elektra Life Pty Ltd until the outstanding amount is paid.
3) Prices are subject to change without notice.
4) Minimum wholesale order value is AUD$300.
5) Orders are processed within 48 hours (2 business days) of receipt of order and payment.
Dispatch is usually via Australia Post (or Toll Express for palletised road freight). If you wish
to organise pick up from our warehouse please notify our office at the time of order.
6) Elektra Life Pty Ltd makes all reasonable efforts via website, email or flyers to advise of any product changes or additions, price changes or other product information, however it does not take responsibility if a customer for any reason has not received the updates.
7) Purchaser agrees to adhere to Elektra Magnesium® brand copyright requirements and brand style guide in all representations and promotions. Purchaser understands that it is an infringement of copyright to refill Elektra Magnesium products into any other packaging, with or without branding, and to pass off or imply any association with the Elektra Magnesium brand.
8) Purchaser agrees to take appropriate steps to ensure correct storage and handling of Elektra
Magnesium® products so that their consumer receives them in good condition.
9) CREDIT POLICY - RETURNS and REPLACEMENTS:
a) Elektra Life Pty Ltd must be advised of any items that are damaged or incorrectly supplied
within 48 hours of receipt of goods.
b) QUALITY GUARANTEE: Any errors made by Elektra Life Pty Ltd will be promptly rectified. In the event of a defective or damaged product being supplied in error by Elektra Life Pty Ltd it will be promptly replaced at its cost (photographic evidence of the received product and packaging should be supplied in this case). The Purchaser is required to take all reasonable precautions to ensure correct storage and handling of Elektra Magnesium® products so that the consumer receives them in good condition, for example, storage under 30 degrees centigrade (as per product package instructions).

c) Errors made by clients when placing their order can be returned if reported within 7 days and products are unopened. This will incur the 20% restocking fee. This includes change of mind returns also. Goods must arrive in re-saleable condition. Return freight will be at customer’s expense. 20% Restocking Fee covers costs of time and labour involved with returning goods to the warehouse. Goods must be re-packed carefully for return and the package must include a letter identifying your invoice number, name, contact information as well as why the goods are being returned. Whether you require a credit or a replacement, it is extremely important to provide as much detail as possible about what you are returning so that the return can be processed accurately and promptly.

d) For credits relating to Purchaser error that involve return of stock, Purchaser’s own return freight can be arranged, or Elektra Life can invoice the cost of using its carrier if no other arrangements are made. All returned stock must be in fully saleable condition. Any damage incurred in transit back to Elektra Life Pty Ltd is solely the responsibility of the Purchaser.

10) WEBSITE (SITE) USE

a) Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy, available on our Site (Terms and Conditions). Please read these Terms and Conditions carefully and immediately cease using our Site if you do not agree to them.

b) Variations: We may, at any time and at our discretion, vary these Terms and Conditions by
publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not guarantee to keep our Site up-to-date at all times and we are not liable if any Content is inaccurate or out-of-date.

c) Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide,
non-transferable licence to use our Site in accordance with these Terms and Conditions. All other uses are prohibited without our prior written consent.

d) Prohibited conduct: You must not do or attempt to do anything that is: unlawful or prohibited by any laws applicable to our Site; considered inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
(i) Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(ii) Using our Site to defame, harass, threaten, menace or offend any person;
(iii) Interfering with any user using our Site;
(iv) Tampering with or modifying our Site, knowingly transmitting viruses or other disabling
features, or damaging or interfering with our Site, including (without limitation) using trojan
horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(v) Using our Site to send unsolicited email messages; or
(vi) Facilitating or assisting a third party to do any of the above acts.

e) Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

f) Information: The Content is not comprehensive and is for general information purposes only. It is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.

Any information or recommendation contained on the Site is general only and does not constitute medical, health wellness or nutritional advice. You acknowledge that it is not reasonable for you in the circumstances to have, and you are not relying on the information on the Site in deciding to purchase the products and will be relying on your own enquiries and advice in deciding whether the
products are right for you. We accept no responsibility and will not be liable for any harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of any advice, information or recommendation contained on the Site being inaccurate, incomplete, unsuitable or incorrect.

We provide no warranty as to, and to the extent permitted by law expressly disclaim any liability for harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of a product listed on the Site being unsafe, unsuitable for you or them or unfit for your or their purposes and/or use, because of your or their particular circumstances or condition, and/or the products not providing an expected therapeutic or otherwise desired or beneficial effect, improvement or enhancement in physical performance or appearance, even if you disclosed that purpose to us before purchasing the product, as you acknowledge that you are not relying on our skill or judgement of the product in that regard.

g) Intellectual Property rights: We own or licence all rights, title and interest (including
intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not without written permission:

(i) Copy or use, in whole or in part, any Content;
(ii) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any
Content to any third party; or
(iii) Breach any intellectual property rights connected with our Site or the Content, including
(without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

h) User Content: You may be permitted to post, upload, publish, submit or transmit relevant
information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or
through our Site. You represent and warrant that:

(i) You are either the sole and exclusive owner of all User Content or you have all rights,
licences, consents and releases that are necessary to grant to us the rights in such User

Content (as contemplated by these Terms); and
(ii) Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

i) Third party sites: Our Site may contain links to websites operated by third parties. Unless
expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

j) Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

k) Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(i) They are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(ii) Access will be uninterrupted, error-free or free of viruses; or
(iii) Our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

l) Limitation of liability: To the maximum extent permitted by law, we are not responsible for
any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of- date.

m) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

n) Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

o) Disputes: In the event of any dispute arising from, or in connection with, these Terms
(Dispute), the party claiming there is a Dispute must give written notice to the other party
setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving
the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.

If the relevant Parties are unable to resolve the Dispute with 15 Business Days, any Party involved in the Dispute may (by written notice to the other Parties) submit the Dispute to mediation administered by the Australian Commercial Disputes Centre (ACDC), with such mediation to be conducted:
(i) In good faith;
(ii) In New South Wales; and
(iii) In accordance with the ACDC Mediation Guidelines.
The costs of mediation are to be split between the relevant Parties, provided that each Party will bear its own costs in relation to the mediation.

If the Dispute has not been settled within 20 Business Days after the appointment of a mediator, or such other period as agreed in writing between the Parties, the Dispute may be referred by any Party involved in the Dispute (by written notice to the other Parties) to litigation.

If the parties do not resolve the Dispute, within 21 days after receipt of the notice, the Dispute
may be referred by either party (by notice in writing to the other party) to litigation.

p) Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that
provision (or that part of that provision) is severed from these Terms and Conditions without
affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms and Conditions.

q) Jurisdiction: Your use of our Site and these Terms and Conditions are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

SHIPPING

Elektra Life has accounts with a number of major courier companies and Australia Post. We will arrange freight through these accounts for you unless you require shipping through your own courier. If you wish to use your own courier we cannot be held responsible for loss or damage once goods leave our warehouse. Please advise your national or international account number and contact details of your preferred courier with your order.
Freight calculation is based on weight, volume and destination. Sales consultants are happy to provide freight quotes before processing payment if requested at the time the order is placed.
The customer assumes all risk upon delivery to Australian destinations. It is assumed that authority is given to leave freight at the nominated address if no one is there to receive it. If the customer wishes not to have the freight left at the address if no one is in attendance, then the customer accepts responsibility for any second delivery charges from the courier company. If the nominated receiver does not accept the freight and it is returned, the customer is responsible for freight charges to send to a further nominated address.
International shipping may require legal documents for export purposes, depending on country of destination. Elektra Life Pty Ltd will do its best to provide service support, however the customer accepts full responsibility for customs clearance in their country if applicable. If for any reason the order is not able to be shipped to the destination country, the customer will be advised by email, with order refunded if the payment had been made.

PRICING and TAXES

All prices are quoted in Australian Dollars (AUD).
GST is applied to all orders within Australia on taxable items including freight. We cannot waive GST unless required documentation is supplied for Australian EXPORT orders.
International orders may incur import duties and taxes applicable to the destination of shipment that Elektra Life cannot be responsible for. Once the freight arrives in your country via the postal system, it is your responsibility, including any applicable local duties or taxes. If you have questions about these taxes please contact your local customs office.
All online product prices are quoted ex warehouse at Nerang, Queensland (4211), and do not include shipping and transportation costs to destination.

PRIVACY POLICY

Elektra Life is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on/sell/swap any of your personal details with anyone. We use this information to identify your orders, provide you with our monthly newsletter (if applicable) and to personalise your shopping experience with us; that’s all. Elektra Life uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from Elektra Life only last while you’re browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable shopping experience.

Whenever you use our website, or any other website, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.

We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.

SECURITY POLICY

When purchasing from Elektra Life your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre at Contact Page

DISCLAIMER

The information contained in this website is obtained from current and reliable sources. Elektra Life Pty Ltd provides the information contained herein in good faith but makes no representation as to its comprehensiveness or accuracy. This website summarises our best current knowledge of the health and safety hazard information of the product. Individuals receiving this information must exercise their independent judgement in determining its appropriateness for a particular purpose. As the ordinary or otherwise use(s) of this product is outside the control of Elektra Life Pty Ltd., no representation or warranty, expressed or implied, is made as to the effect(s) of such use(s), (including damage or injury), or the results obtained.

Elektra Life Pty Ltd expressly disclaims responsibility as to the ordinary or otherwise use(s). Furthermore, nothing contained herein should be considered as a recommendation by Elektra Life Pty Ltd as to the fitness for any use. The liability of Elektra Life Pty Ltd is limited to the value of the goods and does not include any consequential loss. Elektra Life Pty Ltd shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Elektra Life Pty Ltd shall not be responsible for any damages resulting from use of or reliance upon this information. The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the products, including intellectual property rights of third parties.

MANUFACTURED PRODUCTS INGREDIENT DISCLAIMER

As the availability of ingredients and raw materials is not always certain whether due to changes in nature or otherwise, Elektra Life Pty Ltd reserves the right to substitute alternative ingredients/raw materials in the manufacture of its products in order to maintain supply to its customers. Customers should always refer to the ingredients label as affixed to each product or to specification sheets which are current at the time of supply of the product.