Terms and Conditions
Terms and Conditions
TERMS AND CONDITIONS FOR GOODS SOLD BY OZHEALTH PHARMA FROM OZHEALTHPHARMA.COM.AU
By checking the box, you agree to and acknowledge the following:
This agreement is governed by the laws of New South Wales, Australia.
These Terms and Conditions constitute a legally binding contract between the customer ("you") and OzHealth Pharma Pty Ltd (ABN 16864274110) ("OzHealth") and apply to the ordering purchase, fulfilment and delivery of goods ("Goods") from ozhealthpharma.com.au. By placing an order for Goods from OzHealth you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
"Account" means a personal account created by you on the Website;
"Additional Delivery Charge" has the meaning given in Section 3(d);
"Delivery Charge" has the meaning given in Section 3(c);
"International Delivery Charge" has the meaning given in Section 3(e);
"Order" means an order for Goods, placed on the Website;
"Password" means the password needed to access your Account;
"Restricted Goods" means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age; and
"Website" means ozhealthpharma.com.au.
2. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that OzHealth represents they will be fit for and that the Goods will correspond with any description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. PRICING & TAXES
(a) Prices for Goods are as shown on the Website.
(b) OzHealth reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by OzHealth.
(c) In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) ("Delivery Charge"). Any Delivery Charge will appear in your shopping cart.
(d) In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service ("Additional Delivery Charge"). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having "free delivery", "free freight" or something similar. If you believe that you might live in such an area, you can email Customer Service via www.ozhealthpharma.com.au/contact-us for more information
(e) If OzHealth agrees to deliver Goods outside of Australia, international delivery charges will apply ("International Delivery Charges"). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
(f) By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
(g) All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
(a) You can place an Order by following the instructions on the relevant OzHealth website.
(b) An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. OzHealth may accept or reject your offer in its absolute discretion. In particular, but without limitation, OzHealth may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact 1300 077 707.
(c) Each Order that you place will, if accepted by OzHealth, be a separate and binding agreement between you and OzHealth with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
(d) If you place an Order for someone else to receive the Goods you must obtain their consent before providing OzHealth with their personal information and, by placing an Order, you confirm to OzHealth that you have done this.
(e) Please ensure that you enter all information carefully when placing an Order. You warrant to OzHealth that all information provided by you in relation to each Order is complete, true and accurate.
(f) Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by OzHealth. OzHealth will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
(g) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), OzHealth will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by OzHealth, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
(h) Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. OzHealth cannot consolidate separate Orders into one delivery.
(i) Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types (e.g a mixture of hardware and software).
(j) You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
(k) The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
(l) You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
(m) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), OzHealth will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Clause 4(k) or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
(a) When you submit an Order you will receive an email which includes an Order reference number. Please note that this is not a confirmation that your Order has been accepted. At this time OzHealth will take a pre-authorisation from your payment method (excluding gift cards). However, actual payment is not taken at this time and is made in accordance with clause 5(d) below.
(b) If OzHealth is unable to fulfil your Order it will send you an email cancelling your Order as soon as practicable.
(c) In the event that your Order is cancelled following the taking of the pre-authorisation, the pre-authorisation will be cancelled. The time that it takes for the pre-authorisation to be cancelled is likely to be between 1 and 10 days and will depend upon how quickly your financial institution/payment provider processes the cancellation.
(d) OzHealth will process payment for your Order immediately before dispatch of the Goods to you. At this time OzHealth will send you an email confirming that payment has been made and that the Goods have been dispatched. This email represents confirmation that your Order has been accepted.
(e) When OzHealth accepts an Order it represents an agreement by OzHealth to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
(f) You must pay for Goods by credit card (Visa or Mastercard). The name on the credit card/payment card must match the name on the Order. By providing your credit card/payment card you authorise OzHealth to deduct the price and the applicable delivery charge(s) from such card.
(g) OzHealth reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
(h) OzHealth may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your Order will be placed on hold and OzHealth will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with OzHealth's requests within the timescale specified, OzHealth may cancel your Order.
(i) Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
6. CANCELLATION OF ORDERS
(a) OzHealth reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. OzHealth may do this for example, but without limitation, where:
(i) OzHealth's suppliers are unable to supply Goods that they have previously promised to supply;
(ii) an event beyond OzHealth's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that OzHealth is unable to supply the Goods within a reasonable time;
(iii) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(iv) you ask OzHealth to cancel your Order in accordance with section 4(f); or
(v) in the circumstances set out in Section 5(h).
(b) You may cancel your Order where OzHealth:
(i) has breached a material term of this Agreement;
(ii) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; (ii) which was outside OzHealth's control including the situations set out in Clause 6(a)(i) and 6(a)(ii) above;
(iii) In the unlikely event of OzHealth or you cancelling your Order after payment has been processed, OzHealth will refund any money paid in respect of that Order. Clause 12 of these Terms and Conditions sets out further information about refunds.
(c) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, OzHealth will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7. AVAILABILITY OF GOODS/REFURBISHED STOCK
(a) As OzHealth is dependent upon its Suppliers to provide stock, OzHealth cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. OzHealth reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), OzHealth will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
(b) Goods that are shown on the Website as "Refurbished Stock" are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer's warranty.
(a) Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
(b) Goods will generally only be delivered to addresses within Australia. OzHealth will deliver to PO Boxes in Australia where possible based on the size of the Goods.
(c) OzHealth may, in its absolute discretion, agree to accept Orders for delivery outside Australia but is under no obligation to do so.
(d) Following dispatch of your Goods, OzHealth will email you with confirmation of dispatch and an invoice for your Order.
(e) On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
(f) If you require Goods that you have ordered to be re-directed to an address which is not the original Order address OzHealth may charge you a reasonable fee for doing this.
(g) Special Order - the goods will need to be ordered from the supplier. The time that it takes to source such Goods will vary significantly from 1 week to 12 weeks.
(h) Delivery of software products should occur within standard Australian Post delivery times.
(i) For consumer electronics products stock will be labelled on the Website as either: "In Stock" or "Awaiting Stock":
(i) In Stock - OzHealth aims to have the Goods dispatched to you within 24 hours.
(ii) Awaiting Stock - the Goods will need to be ordered from the supplier or transferred from another OzHealth store. OzHealth aims to have the Goods dispatched to you within 4 business days.
(j) For consumer electronics products, please allow 2-5 days from dispatch for metro courier delivery and 3-7 days for regional areas. Remote deliveries are subject to local transport schedules and may take longer .
(k) Where an Order is to be delivered outside Australia, delivery is likely to take between 2-4 weeks by air mail.
(l) OzHealth's arrangements with its suppliers means that OzHealth is only permitted to dispatch online pre-orders no earlier than one day prior to the official release date of the Goods offered for pre-order. Goods ordered up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our Melbourne warehouse no later than one day prior to the official release date via standard post, and may therefore arrive at designated addresses within Australia up to five working days after despatch. Delivery outside Australia or to locations covered by clause 3(d) above is likely to take longer. Goods ordered within 7 days prior to the official release date may not be despatched until after the official release date.
9. PICK-UP OF GOODS IN STORE
(a) Many Goods can be picked up from a OzHealth store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order.
(b) Only the relevant OzHealth Account holder may pick-up in-store Goods ordered on that Account.
(c) If you choose to pick up your Order in store, you have the following two options:
"Same day" - Goods ordered before 3 pm on a business day should be available for pick up in store after 3 pm on the same business day and Goods ordered after 3 pm on a business day should be available for pick up in store on the next business day; or
"Next Day" - Goods ordered before 3 pm on a business day should be available for pick up in store the next business day and Goods ordered after 3 pm on a business day should be available for pick up in store the business day after the next business day.
(d) When picking up Goods in store:
(i) you must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that you are the purchaser. If requested, you must allow OzHealth to take a copy of this identification for fraud prevention purposes. The copy will not be used by OzHealth for any other purpose or disclosed to any person outside of OzHealth;
(ii) store staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;
(iii) you will also need to bring the email that OzHealth has sent to you confirming that the stock is available for pick-up; and
(iv) store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event OzHealth will contact the person who placed the Order using the contact details provided.
(e) In respect of the estimated time for collection, references to "same day" or "next day" on the Website refer to weekdays and exclude weekends.
10. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
(a) You agree and acknowledge that:
(i) OzHealth does not guarantee the delivery or availability of Goods within the timeframes set out in clauses 8(h), 8(i), 8(j) or 9(c) above or otherwise specified by OzHealth or any of its staff;
(ii) events outside OzHealth's control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
(iii) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(iv) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither OzHealth nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
11. REFUNDS OF YOUR MONEY
(a) Where OzHealth is obliged to refund your payment pursuant to these Terms and Conditions, OzHealth aims to initiate your refund within 2 business days (Monday - Friday 9 a.m to 5 p.m Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
(b) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), OzHealth will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. RETURNS/FAULTY OR DAMAGED GOODS
(a) You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact OzHealth via 1300 077 707 as soon as possible.
(b) If you have a problem with any Goods or otherwise wish to return them please contact us on 1300 077 707
(c) When returning Goods:
(i) please provide OzHealth with your proof of purchase;
(ii) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
(d) You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
(e) You are not entitled to any refund simply because you changed your mind or if there is anything regarding the Goods that you simply did not like (such as taste or colour).
(f) Some Goods such as the Cefaly are medical devices and as such the result they can achieve may vary from person to person. Therefore we cannot guarantee that these devices will achieve the desired result on everyone. If you are not achieving the desired result please see our website on some useful tips or consult your medical professional. Unfortunately we cannot guarantee that we can provide you with a refund when you fail to achieve the desired results.
13. MORE INFORMATION ABOUT OZHEALTH LIABILITY TO YOU
To the full extent permitted at law, OzHealth is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Goods.
14. 16. PRIVACY
OzHealth policy on the collection, use and disclosure of customers' personal information is set out in its Privacy Statement which forms part of these Terms and Conditions.
15. WEBSITE TERMS
(a) OzHealth reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
(b) Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
(c) These Terms and Conditions are governed by the laws of New South Wales, Australia.