Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Poveda Olea.

The terms "we", "us" and "our" refer to Poveda Olea, a trading name of Iberify Pty Ltd (ABN 33 701 438 422).

Poveda Olea operates this online store and website, including all related information, content, features, tools, products and services made available through the website (the "Services").

Poveda Olea is powered by Shopify, which provides the technology and infrastructure that enables us to operate our online store.

These Terms of Service, together with any policies referenced in them, set out the terms that apply when you access or use our Services or purchase products from us.

Please read these Terms of Service carefully before using our Services or placing an order. By accessing or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree with these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 0 — YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER 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.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

The Australian Consumer Law (ACL) is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot lawfully be excluded, restricted or modified.

To the extent that any provision of these Terms of Service is inconsistent with a right or remedy that cannot lawfully be excluded, restricted or modified, that right or remedy will prevail and the inconsistent provision will not apply.

Where permitted by law, and only where the ACL allows us to limit our liability for goods or services that are not of a kind ordinarily acquired for personal, domestic or household use, our liability may be limited to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing so, at our option.

This limitation does not apply where the law does not permit us to limit our liability, including in relation to goods ordinarily acquired for personal, domestic or household use, or liability for death or personal injury.

SECTION 1 — ACCESS AND ACCOUNT

By using our Services, you represent that you are at least 18 years of age.

If you allow a minor to access or use our Services using a device or account that you own, purchase or manage, you are responsible for supervising that use and ensuring that the minor uses the Services appropriately and in accordance with these Terms.

To use certain features of our Services, including placing an order, you may be required to provide information such as your name, email address, billing information, payment information and shipping address.

You agree that information you provide to us will be accurate, current and complete, and that you have the right to provide that information.

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account.

You must not sell, transfer, assign or otherwise provide your account to another person without our written permission.

SECTION 2 — OUR PRODUCTS

Poveda Olea offers food, olive oil, skincare and other lifestyle or wellness-related products.

We make reasonable efforts to ensure that product descriptions, photographs, ingredients, packaging information and other product information displayed on our website are accurate and up to date.

However, colours and the appearance of products may vary depending on your device, screen settings, lighting and other factors.

Packaging, labels, ingredients, product descriptions and other product details may change from time to time. Where applicable, the information provided on the product packaging supplied with your order should be treated as the most current product information.

For food and cosmetic products, you should read the product label, ingredient information, directions and warnings before consuming or using the product.

If you have a known allergy, intolerance, sensitivity or other concern about an ingredient, you should review the relevant product information and, where appropriate, seek professional advice before consuming or using the product.

Our products are intended to be used in accordance with their stated directions and intended purpose.

Nothing on our website is intended to constitute medical advice or to diagnose, treat, cure or prevent any disease or medical condition.

We reserve the right to discontinue products, change product specifications or limit quantities available for purchase at any time, subject to applicable law.

SECTION 3 — ORDERS

When you place an order through our store, you are making an offer to purchase the products listed in your order.

An order is not accepted until we have confirmed acceptance of the order.

We may decline or cancel an order where permitted by law, including where:

  • a product is unavailable;

  • there is an error in the product description or price;

  • we reasonably suspect fraudulent or unauthorised activity;

  • payment cannot be processed;

  • an order appears to be placed for prohibited resale or other unauthorised purposes; or

  • circumstances arise that prevent us from fulfilling the order.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled order.

We will generally use the contact information provided with your order to notify you of material changes, cancellations or other matters relating to your order.

Please review your order carefully before submitting it. Once an order has been accepted, we may not be able to accommodate cancellation requests.

Your purchases are subject to our Refund Policy and your rights under the Australian Consumer Law.

Orders placed through this store are intended primarily for personal or household use.

If you wish to purchase products for resale, wholesale, corporate gifting, commercial use or export, please contact us through our Wholesale & Corporate Gifting page. Separate terms, pricing and minimum order requirements may apply.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions displayed on our website may change from time to time.

The price charged for an order will generally be the price displayed at the time the order is placed and will be confirmed in your order confirmation.

All prices are displayed in Australian dollars (AUD) and include GST where applicable.

Shipping and delivery charges are displayed separately at checkout before payment is completed.

Promotions may be subject to additional terms and conditions. Where there is a conflict between promotion-specific terms and these Terms of Service, the promotion-specific terms will apply to the extent of the inconsistency.

You agree to provide accurate and complete billing, payment and account information.

You confirm that you are authorised to use the payment method provided and agree to pay all charges applicable to your order, including product prices, shipping charges and applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

We currently ship Australia-wide from Brisbane, Queensland. We do not currently deliver outside Australia.

Delivery timeframes displayed on our website or at checkout are estimates provided for convenience and are not guaranteed unless expressly stated otherwise.

Delivery times may be affected by factors including carrier delays, weather, public holidays, incorrect delivery information and events outside our reasonable control.

We will take reasonable steps to assist you where an order is delayed, lost or damaged during delivery.

Title in the goods passes to you on payment in full. Risk in the goods passes to you when the goods are delivered to you or to a person you have authorised to receive them, subject to your rights under applicable law.

If you provide instructions for a particular delivery location, safe-drop arrangement or other delivery method, you acknowledge that these instructions may affect how delivery is completed.

If an order does not arrive, arrives damaged or arrives with products missing, please contact us as soon as reasonably possible so that we can investigate and, where appropriate, arrange a replacement, refund or other remedy in accordance with our Refund Policy and your rights under the ACL.

Because some of our products are packaged in glass, if a parcel appears visibly damaged or leaking, we recommend photographing the exterior of the parcel before opening it, together with the damaged contents, and contacting us promptly.

This photographic information may assist us when investigating a delivery or product damage claim.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

SECTION 6 — INTELLECTUAL PROPERTY

All intellectual property contained in or relating to our Services, including our trade marks, logos, brand names, product names, text, photographs, images, graphics, videos, audio, designs, layouts, product descriptions and other content, is owned by or licensed to Poveda Olea, Iberify Pty Ltd or the relevant third-party rights holder.

Our content is protected by applicable intellectual property laws, including the Copyright Act 1968 (Cth) and Trade Marks Act 1995 (Cth).

You may access and use our Services for personal and lawful purposes.

You must not, without our prior written permission:

  • reproduce substantial parts of our content;

  • modify or create derivative works from our content;

  • commercially exploit our content;

  • republish our content;

  • distribute or sell our content;

  • use our trade marks or logos in a way that suggests an association or endorsement; or

  • systematically copy or collect our content for commercial purposes.

Nothing in these Terms grants you ownership of any intellectual property belonging to Poveda Olea, Iberify Pty Ltd, Shopify or any third party.

All rights not expressly granted are reserved.

SECTION 7 — THIRD-PARTY SERVICES AND TOOLS

Our Services may include features, applications, payment services, shipping services, analytics, marketing tools or other functionality provided by third parties.

We do not control all third-party services and, where permitted by law, we are not responsible for the independent operation, availability or terms of those third-party services.

Your use of third-party services may be subject to the relevant provider's terms and policies.

Where a third-party service is necessary for us to provide a particular feature of our Services, we may modify, replace or discontinue that feature from time to time.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to websites, applications or services operated by third parties.

These links are provided for convenience and do not necessarily constitute an endorsement by Poveda Olea.

We are not responsible for the content, availability, security, privacy practices or accuracy of third-party websites or services that we do not operate.

If you choose to access a third-party website or service, you do so at your own discretion and subject to that third party's terms and policies.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Our online store is powered by Shopify, which provides the technology and infrastructure used to operate our Services.

However, purchases made through our store are transactions between you and Poveda Olea / Iberify Pty Ltd.

Shopify is not the seller of the products offered by Poveda Olea and is not responsible for fulfilling your order, providing refunds or replacements, or addressing product-related claims between you and Poveda Olea.

Nothing in this section limits or excludes any rights or remedies that you may have under applicable law.

SECTION 10 — PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our online store is powered by Shopify, Shopify may collect and process information relating to your access to and use of our Services in order to provide its services to us and to operate and improve its platform.

Information provided through our Services may also be processed by third-party service providers that assist us with payments, fulfilment, delivery, marketing, analytics, customer support and other business functions.

Some of these service providers may be located outside Australia.

We handle personal information in accordance with applicable Australian privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles, to the extent those laws apply to us.

Please refer to our Privacy Policy for further information about how we collect, use, disclose and protect personal information.

SECTION 11 — REVIEWS AND FEEDBACK

If you submit, upload, post, email or otherwise provide reviews, comments, photographs, suggestions, ideas or other feedback to us ("Feedback"), you grant Poveda Olea a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish and display that Feedback for purposes including operating, marketing and improving our Services, products and business.

We may use Feedback in different formats and channels, including our website, social media, advertising and other marketing materials.

You remain responsible for the Feedback you provide.

By submitting Feedback, you represent that:

  • you have the right to provide it;

  • you have disclosed to us any payment, discount, free product or other incentive you received in connection with providing it;

  • it is not unlawful, misleading, defamatory, abusive or otherwise inappropriate;

  • it does not infringe the intellectual property, privacy or other rights of another person; and

  • it does not contain malicious software or other harmful material.

We may, but are not required to, monitor, edit or remove Feedback where we reasonably consider it inappropriate, unlawful, misleading or inconsistent with these Terms.

We are not required to publish or retain any Feedback.

Where a review has been incentivised, we will disclose that fact when publishing it. We will not imply that a review is genuine, independent or provided by a particular person where that would be misleading.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our website may contain typographical errors, inaccuracies or omissions relating to products, prices, promotions, shipping charges, availability or other information.

We may correct errors and update information where reasonably necessary.

If an error affects an order that you have placed, we may contact you to explain the error and, where appropriate, offer you the option to proceed with the corrected information or cancel the affected order.

If we cancel an order because of an error in the displayed price or other material information after payment has been received, we will refund the amount paid for the cancelled order.

Nothing in this section limits your rights under applicable consumer law.

SECTION 13 — PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use our Services:

  • for an unlawful or fraudulent purpose;

  • to violate any applicable law or regulation;

  • to infringe the rights of Poveda Olea or another person;

  • to transmit false or misleading information;

  • to distribute spam or unsolicited advertising;

  • to impersonate another person or entity;

  • to interfere with the security or operation of our Services;

  • to introduce viruses, malware or other harmful code;

  • to attempt to gain unauthorised access to our systems;

  • to scrape, copy or systematically collect information from our Services for commercial purposes without our permission; or

  • to circumvent security, access-control or other technical measures used to protect our Services.

You must not use automated tools, bots, crawlers, scrapers or AI agents to access or interact with our Services in a way that:

  • places an unreasonable burden on our systems;

  • circumvents technical restrictions;

  • collects personal information;

  • copies substantial amounts of our content; or

  • otherwise interferes with the operation of our Services.

We may suspend or terminate access to our Services where we reasonably believe these Terms have been breached, subject to applicable law.

SECTION 14 — AUTOMATED ACCESS AND AGENTS

An "Agent" means software or a service that takes autonomous or semi-autonomous actions on behalf of, or at the instruction of, a person or entity without direct supervision for each individual action.

Agents must not access or interact with our Services in a manner that violates these Terms or applicable law.

Where an Agent accesses our Services, it must:

  1. identify itself as an automated system where technically practicable;

  2. not deliberately disguise automated activity as human activity;

  3. not circumvent CAPTCHAs or other access-control measures;

  4. not bypass technical restrictions designed to limit automated access; and

  5. comply with any reasonable technical instructions we publish concerning automated access.

We may restrict, suspend or block automated access where reasonably necessary to protect the security, performance or integrity of our Services.

SECTION 15 — TERMINATION

We may suspend or terminate your access to our Services where permitted by law, including where you materially breach these Terms or use our Services unlawfully.

Termination will not affect any rights or obligations that arose before termination.

Any order that has already been accepted will generally remain subject to these Terms and the applicable policies relating to that order.

Sections which by their nature should continue after termination will remain effective, including provisions relating to intellectual property, Feedback, liability, indemnification, privacy and governing law.

Nothing in this section affects rights that cannot lawfully be excluded or terminated.

SECTION 16 — DISCLAIMER OF WARRANTIES

This section is subject to Section 0 and does not exclude, restrict or modify any consumer guarantee or other right that cannot lawfully be excluded.

Information provided through our Services is intended for general information purposes.

To the extent permitted by law, we do not guarantee that:

  • the Services will always be available or uninterrupted;

  • the Services will be completely error-free;

  • information on the website will always be current or complete; or

  • the website will always be free from technical issues or interruptions.

Subject to Section 0 and applicable law, our Services are provided on an "as available" basis.

Nothing in this section affects the consumer guarantees that apply to products and services under Australian law.

SECTION 17 — LIMITATION OF LIABILITY

This section is subject to Section 0.

Nothing in these Terms limits or excludes our liability for:

  • death or personal injury caused by our negligence where such liability cannot lawfully be excluded;

  • fraud or fraudulent misrepresentation;

  • liability that cannot legally be excluded or limited; or

  • your rights and remedies under the Australian Consumer Law.

To the fullest extent permitted by law, we will not be liable for indirect, incidental, special or consequential loss arising from your use of our Services.

This may include loss of profits, revenue, business opportunity, savings or data, except where such loss cannot lawfully be excluded.

Where our liability may lawfully be limited, our total aggregate liability arising from a particular product or service will not exceed the amount paid by you for that product or service, except where a greater amount is required by law.

Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Poveda Olea and Iberify Pty Ltd against reasonable losses, liabilities and third-party claims arising directly from:

  1. your material breach of these Terms;

  2. your unlawful use of our Services; or

  3. your infringement of the intellectual property or other rights of another person.

This indemnity does not apply to the extent that the relevant loss or claim was caused by our negligence, wilful misconduct, breach of these Terms or violation of applicable law.

We will provide reasonable notice of any third-party claim for which we seek indemnification, where practicable.

You agree to provide reasonable cooperation in responding to such claims.

Nothing in this section requires you to indemnify us for matters that cannot lawfully be transferred to you.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be modified or severed to the extent necessary, without affecting the validity of the remaining provisions.

Where possible, the affected provision will be interpreted in a way that gives effect to its intended purpose while remaining consistent with applicable law.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms of Service, together with our Privacy Policy, Refund Policy and any other policies expressly incorporated into these Terms, constitute the agreement governing your use of our Services and your purchases from us.

If there is an inconsistency between these Terms and a specific promotion or other special terms that expressly apply to a particular transaction, the specific terms will apply to the extent of the inconsistency.

Nothing in these Terms prevents you from relying on representations or rights that cannot lawfully be excluded.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.

We may transfer or assign our rights and obligations under these Terms in connection with a sale, restructuring, merger, acquisition or transfer of our business, provided that doing so does not unlawfully reduce your rights.

SECTION 22 — GOVERNING LAW

These Terms of Service are governed by the laws of Queensland, Australia.

You and Poveda Olea submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.

Nothing in this section prevents you from bringing a claim or seeking a remedy in another forum where you are legally entitled to do so, including under the Australian Consumer Law.

SECTION 23 — HEADINGS

The headings used in these Terms are provided for convenience only and do not affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You can review the most current version of these Terms of Service on this page.

We may update, amend or replace these Terms from time to time by publishing an updated version on our website.

Where required by law, we will provide appropriate notice of material changes.

Changes will apply from the effective date stated in the updated Terms or notice and will not retrospectively alter orders that have already been accepted, unless required by law.

Your continued use of our Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 25 — CONTACT INFORMATION

If you have questions about these Terms of Service, an order or our Services, please contact us.

Poveda Olea
A trading name of Iberify Pty Ltd
ABN 33 701 438 422
Contact: contact form
Brisbane, Queensland, Australia

Last updated: 30 October 2026