The terms and conditions below (Purchase Terms) apply to the purchase of products or services from the website (Website) of Glaucoma Australia Incorporated (ARBN 087 400 646) (Glaucoma Australia, we, our or us).
(a) To place an order on the Website, you must provide:
(i) a valid shipping address;
(ii) a valid email address and a telephone number; and
(iii) payment details which are acceptable to us or the relevant payment processor you have selected on our Website, such as credit card details.
(b) A contract is formed between us on acceptance of your order and receipt of your payment that we (or the relevant payment processor) receive from you for the order.
(c) Title to and risk in the products that you have ordered passes to you on delivery of the products to the nominated delivery address.
(d) You may pay for your order using any of the payment methods set out on the Website. Payments made using a payment processor are subject to that payment processor’s terms and conditions. Please review the relevant payment processor’s terms and conditions before making a payment.
(e) You must ensure that the information you provide to us in connection with an order is accurate, complete and current.
(f) We will send you an email confirming your purchase. If you purchase a HOME2 product in the iCare range, you will also be sent tracking details by email from our shipping partner, Design for Vision (DFV).
(g) We reserve the right to refuse any order you place with us for any reason, including if the products are not available or if there is an error in the price of the products displayed on the Website.
(h) If we accept an order from you, the applicable version of the Purchase Terms will be the version of the Purchase Terms that was in place at the time your order was accepted.
2. Pricing and availability
(a) All prices are in Australian dollars and include GST.
(b) Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any products which we have advertised, we will correct the error straight away.
(c) Delivery costs will be charged in addition to the product’s price; such additional charges are clearly displayed where applicable and are included in the “Total” cost.
3. Delivery of products
(a) We only accept orders in Australia. We do not ship to overseas addresses. Orders are processed within 2 to 3 business days of acceptance.
(b) All standard orders are sent by Australia Post. Please allow 7 to 10 business days for delivery. Where you have requested express shipping, please allow 3 business days for delivery.
(c) Our partner, DFV is responsible for fulfilling orders for products in the iCare range. DVF will use Australia Post or a courier service.
(d) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by carriers that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
(e) For non-delivery of products, please notify us by email as soon as possible.
4. Returns policy
If you are not completely satisfied with your purchase, we offer an exchange or refund within 35 days of receipt of your order with proof of purchase (except for iCare products). iCare products may also be returned within 14 days of delivery and with proof of purchase provided that the product seal is unbroken. We recommend you obtain insurance and a tracking number for any products you return to us. This returns policy is not intended to limit or exclude the rights and remedies available under the Australian Consumer Law when a product does not comply with a statutory guarantee.
Postage costs are not reimbursed unless the product is faulty or damaged.
Exchange or Refund
Please contact us on 1800 500 880 or email email@example.com.
Once we have received the returned product including proof of purchase, we can either send an alternative or a refund can be processed using your original payment method. All purchases and refunds are transacted in Australian Dollars (AUD).
Faulty or Defective Product
Please contact us on 1800 500 880 or email firstname.lastname@example.org and we will send you a returns envelope. Once we have received the returned product, a replacement can be sent or a refund can be processed using your original payment method. All purchases and refunds are transacted in Australian Dollars (AUD).
5. iCare products
Where iCare products are covered by an express warranty, the warranty information (including the warranty period and conditions) will be supplied with the product.
After sale product support is available for the iCare product range.
For iCare product user and software queries, please contact us in the first instance on 1800 500 880 or email email@example.com. If we are unable to resolve your problem, then your query may be escalated to iCare via email to firstname.lastname@example.org.
If hardware support is required, please contact us on 1800 500 880 or by email to email@example.com. Depending on the nature of the problem, product testing, servicing, repair or replacement may be organised.
6. Limitation on claims
(a) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, government order or decree, industrial action and action or inaction by a government agency.
(b) We have no liability to the extent that a failure of a product is attributable to any act or omission on your part.
(c) Our liability for failure to comply with a consumer guarantee is limited to:
(i) in the case of products supplied by us, the replacement of the products or the supply of equivalent products (or the payment of the cost of the replacement or supply), or the repair of the products (or the payment of the cost of the repair); and
(ii) in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
(d) Subject to the above, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
(e) In all other respects, our total liability for loss or damage of every kind, whether:
(i) arising pursuant to these Purchase Terms; or
(ii) arising in any other way out of or in relation to the supply of the products, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the products.
(f) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Purchase Terms, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of products or services supplied pursuant to these Purchase Terms.
7. Warranty disclaimer
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Purchase Terms is hereby excluded.
Any waiver of any provision of the Purchase Terms will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
9. Entire agreement
The above Purchase Terms constitute the entire agreement of the parties concerning the purchase and supersede any and all preceding and contemporaneous agreements between you and us.
10. Governing law
These terms of service are governed by the laws in force in New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.