Terms of service

Terms of Service

Effective Date: 8th of April 2025
Website: www.pouchmax.com

These Terms of Service govern the use of the website operated by Pouchmax ("Company") under the domain www.pouchmax.com ("Website"). By accessing or purchasing from the Website, you ("Customer," "You," or "They") agree to be bound by the following terms and conditions.

1. Definitions

• "Company" refers to Pouchmax, the entity that owns and operates this website.

• "Customer," "You," and "They" refer to any person or entity placing an order through the Website.

• "Products" means all items available for sale on the Website.

• "Website," "We," and "Us" refer to the online platform operated by Pouchmax.

2. Medical Use Disclaimer

By purchasing any Products from the Website, you acknowledge and accept full responsibility for your use of those Products. You confirm that you have either:

• Conducted your own due diligence into the risks and potential side effects of the Products; or

• Are purchasing the Products with a recommendation or prescription from a licensed healthcare provider.

Pouchmax is not liable for any adverse medical reactions, side effects, or health issues that may occur as a result of consuming or using our Products. Customers are solely responsible for checking ingredient lists, expiry dates, allergens, and the condition of the packaging before using any Product.

Product descriptions, images, ingredient lists, and packaging may be updated or changed by suppliers without notice. Therefore, the item you receive may differ slightly from the listing on the Website. While we aim to keep our listings accurate and up to date, Pouchmax does not guarantee the completeness or accuracy of all product information at all times and reserves the right to correct errors or omissions at its sole discretion.

3. Orders and Payments

To place an order, customers must provide accurate, complete, and up-to-date information, including billing and shipping details. By submitting an order, you agree that:

• All orders are subject to acceptance and availability.

• Pouchmax reserves the right to cancel, refuse, or amend any order at its sole discretion, including but not limited to cases of pricing errors, stock unavailability, or suspected fraudulent activity.

• Full payment is required at the time of purchase. Accepted payment methods include credit/debit cards and any other options listed on the Website.

• If an issue arises with your payment method, we will contact you using the email address provided in your order details to resolve the matter.

We aim to process and dispatch orders within 1–2 business days; however, this is subject to change based on factors such as stock availability, order volume, and courier schedules.

4. Shipping and Delivery

Customers are responsible for ensuring that shipping details entered at checkout are correct. Pouchmax is not liable for any losses, delays, or delivery failures resulting from inaccurate or incomplete shipping information.

Once an order has been dispatched, a tracking number will be provided via email. While we strive for timely delivery, Pouchmax is not responsible for courier-related delays, including those by Australia Post. We may, at our discretion, offer a replacement order at no charge only if the original parcel is confirmed lost and unrecoverable through a formal investigation with the courier.

Delivery times provided on the Website are estimates only. Delayed deliveries do not constitute grounds for cancellation, refund, or guaranteed compensation. However, customers may be eligible for a discount or store credit based on the circumstances, at the sole discretion of Pouchmax.

For international orders (e.g., New Zealand), customers acknowledge the risk of customs delays or seizures. While seizures for caffeine products are rare, they may still occur. Pouchmax will assist by launching an enquiry with the courier, but we do not guarantee recovery or offer compensation for parcels seized by customs.

5. Refunds and Order Changes

Customers may request a refund or make changes to their order only if the order has not yet been dispatched. If you wish to do so, please contact our support team as soon as possible via live chat or by emailing support@pouchmax.com.

Once an order has been dispatched, we are no longer able to issue a refund or make changes to the contents or delivery details. Please refer to our Returns & Refunds Policy for further information, including the process for handling incorrect or defective items.

6. Intellectual Property

All content on the Pouchmax Website—including but not limited to text, images, graphics, logos, product descriptions, and trademarks—is the exclusive property of Pouchmax and is protected by applicable intellectual property laws. You may not copy, reproduce, republish, distribute, or use any content from the Website without prior written permission from the Company.

Any unauthorised use of our intellectual property is strictly prohibited and may result in legal action.

7. Limitation of Liability

To the fullest extent permitted by law, Pouchmax shall not be held liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or misuse of the Website or our Products. This includes, but is not limited to:

• Health-related issues arising from consumption or misuse

• Loss of data or digital content

• Damage to personal property

• Business interruption or loss of income

In any case, the total liability of Pouchmax shall not exceed the total amount paid by the customer for the specific Product(s) involved.

8. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Czechoslovakia. By using this Website, you agree to submit to the exclusive jurisdiction of the courts located in Czechoslovakia for the resolution of any disputes arising under these Terms.

9. Updates and Modifications

Pouchmax reserves the right to amend or update these Terms and Conditions at any time, without prior notice. Any changes will take effect immediately upon being posted to this page. We encourage all customers to review this section periodically. Continued use of the Website following any updates constitutes your acceptance of the revised Terms.