Terms & Conditions

SUP Foods – Global Terms & Conditions

Effective Date: 30/11/2025
Last Updated: 30/11/2025
Website: www.supfoods.co
Contact Email: hello@supfoods.co

These Terms & Conditions (“Terms”) govern your use of SUP Foods websites and your purchase of SUP Foods products (“Products”).
By browsing our sites, creating an account, or placing an order, you agree to these Terms.

1. Who We Are & Where These Terms Apply

SUP Foods operates through region-specific entities:

• SUP Foods LLC – a Wyoming-registered limited liability company serving customers in the United States.
  
• SUP Foods Pty Ltd – an Australian proprietary limited company registered in New South Wales, serving customers in Australia.
  

These Terms apply to purchases made from our official websites and online stores (together, the “Websites”), including any regional domains we operate for the US and Australia.

We currently focus on Australia and the United States. If you access our Websites from another country, you are responsible for ensuring our Products are lawful to import/consume where you live.

2. Orders, Pricing & Payments

• An order is accepted when payment is successfully processed and you receive an order confirmation email.
  
• We may cancel or refuse an order (and refund you) if there are stock issues, errors in pricing or descriptions, suspected fraud, or shipping restrictions.
  
• Prices:
  
  • US: shown in USD, plus any applicable sales tax.
    
  • Australia: shown in AUD. Some soups are currently GST-free under Australian food law; where GST applies, it will be shown at checkout.
    
• We use secure third-party payment providers (e.g. Shopify Payments, PayPal, Apple Pay). We don’t store full card numbers.
• Your bank may charge currency conversion or international transaction fees. These are your responsibility.
  

You are responsible for entering correct contact, address, and payment details. We are not liable for issues caused by incorrect information.

3. Food Safety, No Returns & No Change of Mind

Our Products are edible food items. Once they leave tightly controlled storage, they cannot safely be returned, re-stocked, or resold.

For that reason:

• No change-of-mind refunds or returns – even if unopened.
  
• No refunds for:
  • taste preference (“don’t like the flavour/spice/texture”)
  • disappointment or expectation mismatch,
  • ordering the wrong item or quantity,
  • failing to read ingredients, allergens, or instructions.
    

We may provide a remedy (replacement, credit, or refund) only where:

• the Product arrives damaged, faulty, or incorrect, and
  
• you notify us within 7 days of delivery with clear photos and your order number.
  

Remedies are at SUP Foods’ sole discretion, subject to your non-excludable statutory rights (see Section 8 – Consumer Law).

4. Allergens, Ingredients & Proposition 65 (USA)

Our soups are made from real ingredients and may include or be processed in facilities that handle:

• soy, sesame, gluten, shellfish/crustaceans, mushrooms, and other potential allergens.
  

You must always:

• read the ingredient list and allergen statement on the packaging before consuming, and
  
• avoid our Products if you are unsure or have serious allergies unless advised otherwise by your healthcare professional.
  

We comply with applicable food labelling rules in each region.

Proposition 65 (California, USA):
Some natural ingredients may contain trace levels of substances covered by California’s Proposition 65. Where required, we include appropriate warning statements. The presence of these warnings does not mean a Product is unsafe; it reflects California’s specific regulatory approach.

SUP Foods is not liable for allergic reactions or health issues where:

• • allergens and warnings were correctly declared; or
    
  • Products were misused, stored incorrectly, or consumed against medical advice.
    

5. Shipping, Delivery & Risk of Loss

We use independent third-party carriers and 3PL warehouses to store and ship our Products.

Once your order is:

1. Collected by the carrier and tracking is generated, and
   
2. Marked as “Delivered” or equivalent by that carrier,
   

then:

• Risk of loss, theft, or damage transfers to you.
  
• We are not responsible for parcels that are lost, stolen, or damaged after delivery is confirmed by the carrier.
  
• If your parcel is missing but marked delivered, you’ll need to lodge a claim directly with the carrier. We’ll help with information where we reasonably can.
  

You are responsible for:

• providing a safe, accurate delivery address,
  
• monitoring tracking (via links we send), and
  
• collecting the parcel promptly once delivered.
  

Shipping times shown at checkout are estimates only and may be affected by carrier delays, weather, customs, or other factors outside our control.

6. Subscriptions & Auto-Renewals

You can choose to receive Products on a subscription basis.

By starting a subscription, you:

• authorise recurring automatic charges to your chosen payment method,
  
• accept the delivery frequency and pricing shown at the time of sign-up, and
  
• agree that your subscription will continue until you cancel.
  

Managing or cancelling your subscription:

• You can manage or cancel any time through your online account or by emailing us.
  
• To avoid being charged for the next shipment, you must cancel at least 48 hours before your next billing date.
• If a subscription order has already entered processing, packing, or shipping, it cannot be cancelled, changed, or refunded, even if you cancel the subscription after that point.
  

We may update subscription prices, eligible products, or shipping fees from time to time. If we make a material change to your active subscription, we’ll notify you before your next renewal. If you keep your subscription active after that, you are taken to have accepted the new terms.

7. Returns, Damaged Items & Refunds 

We know things can sometimes arrive less than perfect. If:

• your parcel arrives badly damaged,
  
• the wrong Product was sent, or
  
• the Product is faulty or unsafe,
  

please contact us within 7 days of delivery with:

• your name and order number,
  
• photos of:
  
  • the shipping box and label,
    
  • internal packaging,
    
  • the affected Product(s), and
    
• a short description of the issue.
  

We will review your claim and, if approved, provide one of the following (at our choice, subject to consumer law):

• a replacement,
  
• a store credit, or
  
• a refund of the affected item(s).
  

We cannot provide remedies where damage or issues arise from:

• incorrect storage (e.g. extreme heat, moisture, pests),
  
• misuse, tampering, or modification of the Product,
  
• using Products after the date shown on the pack, or
  
• shipping to an address entered incorrectly at checkout.
  

8. Consumer Law (Australia) & Other Mandatory Rights

Australia – Australian Consumer Law (ACL)
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees or rights that cannot be excluded under the Australian Consumer Law. If you are an Australian consumer and your Product has a major failure or is otherwise not in accordance with the ACL, you may be entitled to a repair, replacement, or refund as required by law.

United States
Some states do not allow certain limitations on implied warranties or exclusions of liability. To the extent local law prohibits exclusions in these Terms, they apply only up to the maximum limit permitted by that law.

Where there is a conflict between these Terms and mandatory local consumer law, local law wins – but only to the minimum extent necessary.

9. Product Recalls & Safety

Although rare, food recalls do happen. If a recall affects one of our Products:

• we will follow applicable food safety regulations (such as FDA rules in the US or FSANZ requirements in Australia),
  
• we will use reasonable efforts to contact affected customers using the details you provided at checkout, and/or
  
• we may publish recall information on our Website or via official channels.
  

If you are notified of a recall, you must:

• stop using the Product immediately, and
  
• follow the instructions we or regulators provide.
  

Where you bought affected Products directly from us, we may offer a refund, replacement, or store credit for the recalled item(s), in line with regulatory requirements. Our responsibility is limited to the recalled Products themselves and does not extend to consequential or indirect losses, except where required by law.

10. Accessibility & Disability

We want as many people as possible to be able to use our Websites.

• We aim to follow WCAG 2.1 AA accessibility principles.
  
• We design and test our sites with tools and best practices to support screen readers, keyboard navigation, readable contrast, and mobile access.
  
• Some third-party content (such as embedded apps or payment widgets) may not fully meet these standards, as they are outside our direct control.
  

If you experience an accessibility barrier or need support:

• please contact us and let us know what you were trying to do and what went wrong;
  
• we’ll do our best to offer an alternative or fix it in a reasonable time.
  

We will not charge extra fees or discriminate against users because they request accessibility support.

11. Third-Party Services, 3PLs & Chargebacks

We rely on trusted third parties for:

• website hosting and checkout (e.g. Shopify),
  
• payment processing (e.g. Stripe, PayPal, Apple Pay),
  
• warehousing and fulfilment (3PLs), and
  
• shipping and tracking (carriers/couriers).
  

They are independent providers, not our employees.

We’re not liable for:

• outages, bugs, or downtime in external platforms,
  
• delays caused by carriers or warehouses, or
  
• errors or losses caused by third-party systems we do not control.
  

If you have an issue with an order, please contact us on hello@supfoods.co first so we can help. Filing a bank dispute or chargeback:

• instead of contacting us, or
• for reasons that conflict with these Terms (e.g. change of mind, taste, carrier delay after dispatch),
  

may be treated as misuse of the dispute process. We may contest such chargebacks and, where necessary, decline future orders from that customer.

12. Limitation of Liability

To the fullest extent allowed by law:

• We are not liable for:
  
  • indirect, incidental, special, or consequential loss,
    
  • loss of profit, revenue, business, or goodwill,
    
  • loss or damage caused by carriers after delivery is confirmed,
    
  • loss arising from your misuse, mishandling, or incorrect storage of the Products.
    
• Our total liability for any claim relating to a Purchase will not exceed the amount you actually paid for the affected Products, unless consumer law requires more.
  
  

Nothing in these Terms seeks to exclude liability for:

• death or personal injury caused by our gross negligence,
  
• fraud, or
  
• any other liability that cannot legally be excluded.
  

13. Force Majeure (Events Outside Our Control)

Sometimes things happen that no one can reasonably control – for example:

• natural disasters, extreme weather, fires, floods, earthquakes,
  
• pandemics or public health emergencies,
  
• factory or supplier shutdowns, raw ingredient shortages,
  
• port closures, transport disruptions, or customs delays,
  
• power outages, major internet or platform failures, cyber-incidents,
  
• government restrictions, regulatory actions, or embargoes.

If such an event prevents or delays us from fulfilling your order or performing our obligations, we are not liable for that delay or failure. We will:

• make reasonable efforts to resume normal operations as soon as we can, and
  
• keep you informed where practical.
  

14. Governing Law & Disputes

• For orders delivered within the United States, these Terms are governed by the laws of the State of Wyoming, USA (subject to any mandatory local rights you have).

• For orders delivered within Australia, these Terms are governed by the laws of New South Wales, Australia.
  

If we have a dispute, we both agree to try to resolve it in good faith first by contacting each other. If that doesn’t work:

• U.S. customers may have disputes resolved through arbitration or small claims court as permitted by local law.
  
• Australian customers may raise complaints under the ACL or with local consumer agencies where applicable.
  

15. Changes to These Terms

We may update these Terms from time to time, for example if we:

• launch in new regions,
  
• change how we sell or ship Products, or
  
• need to reflect new laws or regulations.
  

When we do, we’ll change the “Last Updated” date above. Continuing to use our Websites or buy Products after an update means you accept the revised Terms.

16. Contact Us

If you have questions about these Terms, your order, accessibility, or Product safety, you can reach us at:

SUP Foods
Email: hello@supfoods.co

SUP Foods LLC (USA)
32N Gould Street, Sheridan, WY 82801, USA

SUP Foods Pty Ltd (Australia)
1/457 Elizabeth Street, Surry Hills NSW 2010, Australia