These Terms and Conditions govern the relationship between Promedela Australia, hereinafter referred to as “Merchant”, on the one hand, and the Users of Internet pages and services located on the https://promedela.com.au/ website, hereinafter referred to as users, on the another.
The current terms and conditions only apply to consumers from the Commonwealth of Australia.
Promedela Australia is a company registered in the Commonwealth of Australia, having it’s incorporation address at <address goes here>.
Please read the published Terms and Conditions in their entirety before using the information and commercial services offered on the Site (the Services for short).
This document contains information about the activities of the Merchant and the general conditions for using the services provided by the Merchant, which regulate the relationship between us and each of our users.
Confirmation of the Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and the Merchant.
By accepting the Terms and Conditions, the User agrees to have his personal data processed on the basis of the contract concluded between him and the Merchant.
Definitions
For the purposes of these terms and conditions, the following concepts should have the following meaning:
Site/Website – https://promedela.com.au/ and all its subpages.
User – any individual who acquires goods or uses services that are not intended for commercial or professional activity, and any individual who, as a party to a contract under this law, acts outside the scope of his commercial or professional activity.
Terms & Conditions – these Terms and Conditions, which include terms of use, cookies, registration and delivery policies, voluntary dispute resolution, contract cancellation and exchange forms, and any other legally binding information found on the Site.
Private data – information about an individual that reveals his physical, psychological, mental, family, economic, cultural or societal identity.
Good(s) – movable material property, with the exception of items sold under forced execution or through other measures by authorities authorized by law, as well as items abandoned or confiscated for the benefit of the state, announced for sale by state authorities.
Sales contract – a contract under which the Merchant transfers or undertakes to transfer the ownership of goods to the User and the User pays or undertakes to pay the price for them, including contracts having as their object both goods and services.
Service – any material or intellectual activity, which is carried out independently, is intended for another person and does not have as its main subject the transfer of possession of an object.
Service contract/Contract for service – a contract, other than a contract of sale, under which the Merchant provides or undertakes to provide a service to the User and the User pays or undertakes to pay the price for it.
Procedure for alternative resolution of consumer disputes – a procedure for out-of-court resolution of consumer disputes, meeting the requirements of this law and carried out by an authority for alternative resolution of consumer disputes.
Services provided
1. On the Site, Users can enter into contracts for service, purchase and sale and delivery of goods and services offered by the Merchant.
1.1. The services and goods offered by the Merchant through the website are intended for individuals and/or legal entities.
Order
2. Users use the website interface to enter contracts with the Merchant for the goods and services offered.
2.1. The contract for the purchase and sale of goods or services is considered concluded from the moment the order is confirmed by the Merchant.
2.2. In case of non-availability of a given product or inability to perform a given service, the Merchant reserves the right to refuse the order.
2.3. After selecting one or more goods or services offered on the Merchant’s website, the User must add the same to his list of goods or services for purchase.
2.4. It is necessary for the User to provide data for making the delivery and to choose a method and moment of payment of the price, and then to confirm the order through the site interface.
2.5. When placing an order, the User receives confirmation by email that his order has been accepted.
3. The Merchant has the right to refuse to conclude a contract with an incorrect User.
3.1. The Merchant has the right to treat a User as incorrect in cases where:
- there is non-compliance by the User with the Terms and Conditions;
- an incorrect, arrogant or rude attitude towards the Merchant’s representatives has been established;
- systematic abuses by the User towards the Merchant have been established.
3.2. Once the user places an order, a withdrawal from the contract is permissible only before the payment of the respective order has been made or initiated by the user.
Subcontractors
4. The user agrees that when ordering a product from the Merchant’s website, the latter can assign the execution of the contract to a third party, who will deliver the ordered goods to the user. The use of a subcontractor does not require user consent.
4.1. The subcontractors that the Merchant uses are not a party to the contract between the Merchant and the User.
Prices
5. The prices of the goods or services offered are those indicated on the Merchant’s website at the time of placing an order, except in cases of obvious error.
5.1. The Merchant is not responsible for any customs and taxes applied to the orders of customers in Australia or abroad. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes).
5.2. The Merchant reserves the right to change the prices of the goods and services offered on the site at any time and without notice, such changes will not affect orders already made.
6. The Merchant may provide discounts for the goods and services offered on the site, in accordance with Australian legislation and rules determined by the Merchant. The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided in various forms (eg promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey).
6.1. Different types of discounts cannot be combined when ordering and purchasing the same product/service.
Payment
7. When the User returns a product or service with the right to a refund of the amount paid for any reason, the price subject to a refund is reduced by the value of the received discount applied to the product, and only the amount actually paid is subject to a refund.
8. The user can pay the price of the ordered goods/services by using one of the options listed on the website. On the Site, payment is possible through the following methods:
- payment by bank card or card of a payment operator.
- by means of cash on delivery or postal money order when using the payment services of a third party – supplier of the relevant ones.
9. Payment by bank transfer, including by bank card, is considered completed at the moment of verification of the Merchant’s bank account and when the payment is accompanied by sufficient information allowing the Merchant to identify the User’s order.
9.1. If the User selects a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party.
9.2. The Merchant is not responsible if a payment method involving a third-party payment service provider is unavailable or otherwise inoperative for reasons beyond the Merchant’s fault.
10. In addition to the provisions in the privacy policy of the Website, the Merchant will use the personal data of card users in accordance with the The Privacy Act 1988 (Privacy Act) and other relevant regulations of Australia.
11. No refunds over orders are available apart from the ones provided for in the current Terms and Conditions.
Guarantees and claims/returns
12. The user has the right to claim for any non-conformity of the goods or service with what was agreed/ordered, when inconsistencies with the sales contract are discovered after delivery.
13. The Merchant is not responsible for colour difference due to the natural differences in colour reproduction of different monitor models.
14. The Merchant is not responsible for a difference in size up to 2 cm.
15. The Merchant is not responsible for the natural wear and tear of the goods.
16. Any non-conformity of the consumer goods with the contract of sale which becomes apparent within 6 months after the delivery of the goods shall be deemed to have existed at the time of delivery, unless it is proved that the lack of conformity is due to the nature of the goods or the nature of the non-conformity.
17. The User cannot dispute the conformity of the consumer goods with the contract for its sale when:
- at the conclusion of the contract, he knew or could not have been unaware of the non-conformity;
- the non-conformity is due to materials provided by the user.
18. The User has the right to make a complaint about the good or service, regardless of whether the manufacturer or the Merchant has provided a commercial guarantee for the good or service.
19. When the satisfaction of the claim is carried out by replacing the goods with another corresponding to the agreed, the Merchant will retain the original warranty conditions for the User.
20. When presenting the complaint, the user can claim a refund of the amount paid, to replace the product with another one corresponding to the agreed or to a deduction from the price.
21. The complaint shall be submitted verbally to the telephone number specified by the Merchant or in writing via the specified email, by mail or delivered to the company’s address. The Merchant provides access to a complaint form on his website.
22. When submitting a complaint, the user indicates the subject of the complaint, his preferred way of satisfying the complaint, the amount of the claimed amount, and the address, phone number and email address for contact.
23. When submitting a complaint, the user must also attach the documents on which the claim is based, namely:
- receipt or invoice;
- protocols, acts or other documents establishing the non-compliance of the goods with the agreed upon;
- other documents establishing the claim by basis and amount.
24. Claims about consumer goods can be submitted up to two years from the delivery of the goods, but no later than two months from the establishment of non-compliance with the agreement.
25. The term ceases to run during the time necessary to reach an agreement between the Merchant and the User to resolve the dispute.
26. If the Merchant has provided a commercial guarantee for the goods and the term of the guarantee is longer than the terms for presenting the claim under para. 1, the complaint may be submitted until the expiry of the commercial guarantee.
27. Filing a claim does not prevent the User from litigation.
28. The Merchant maintains a register of complaints. The User is sent a document to the e-mail specified by him, in which the number of the complaint from the register and the type of goods are indicated.
29. When the Merchant satisfies the claim/complaint, he issues a certificate to that effect, which is drawn up in two copies, and obligatorily provides one copy to the User.
30. In the event of a justified complaint, the Merchant brings the goods into compliance with the sales contract within one month, counted from the submission of the complaint by the User.
30.1. If the goods are not repaired even after the expiration of the period under the previous paragraph, the User has the right to cancel the contract and to be reimbursed the amount paid or to request a reduction in the price of the consumer goods according to Art. 114 of the Consumer Protection Act.
30.2. Bringing the consumer goods into compliance with the sales contract is free of charge for the User. He does not owe the cost of shipping the product or the materials and labour associated with its repair, and he does not suffer significant inconvenience.
31. In case of non-compliance of the consumer goods with the sales contract and when the User is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:
- cancellation of the contract and refund of the amount paid by him
- price reduction.
32. The User cannot claim a refund of the amount paid or a reduction in the price of the goods when the Merchant agrees to replace the consumer goods with a new one or to repair the goods within one month of the User’s complaint.
33. The Merchant is obliged to satisfy a request for annulment of the contract and to refund the amount paid by the User, when, after having satisfied three complaints of the User by repairing the same product, within the warranty period, there is a subsequent occurrence of non-conformity of the goods with the sales contract.
34. The User cannot claim to cancel the contract if the non-conformity of the consumer goods with the contract is insignificant.
Intellectual Property
35. The intellectual property rights on all materials and resources located on the Merchant’s website (including the available databases) are subject to protection under the Copyright Act and related rights, belong to the Merchant or to the respective designated person who assigned the right of use to the Merchant, and cannot be used in violation of current legislation.
36. In the case of copying or reproduction of information beyond what is permissible, as well as in case of any other violation of intellectual property rights on the Merchant’s resources, the Merchant has the right to claim compensation for the direct and indirect damages suffered in full.
37. Except in cases where it is expressly agreed, the User may not reproduce, change, delete, publish, distribute, and publicize in any other way the information resources published on the Merchant’s website.
38. The Merchant undertakes to take due care to provide the User with an opportunity for normal access to the services provided.
39. The Merchant reserves the right to suspend access to the provided services. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its site.
Termination and cancellation of the contract
40. The Merchant has the right at his discretion, without giving notice, to unilaterally terminate the contract, in case he finds that the services provided are used in violation of the present general conditions, the legislation in the Commonwealth of Australia and generally accepted moral norms.
41. Apart from the cases provided for in these Terms and Conditions, the contract between the parties is also terminated upon suspension of the Merchant’s activity or termination of maintenance of his website.
42. Apart from the cases mentioned above, each of the parties may cancel this contract by giving one week’s notice to the other party in case of non-fulfilment of the obligations under the contract.
43. The written form of the contract is considered complied with by sending an e-mail message, pressing an electronic button on a page with content that is filled in or selected by the User or ticking a field (check box) on the website, etc. similar, insofar as the statement is technically recorded in a way that makes it possible to reproduce it.
Survival provision
44. The parties declare that, in the event that any of the clauses under these General Terms and Conditions is/are found to be invalid, this will not invalidate the entire contract or any of its other parts. The invalid clause will be superseded by the mandatory rules of law or established practice.
Amendment of the terms and conditions
45. The Merchant undertakes to notify the Users of any change in the present general terms and conditions within 7 days of the occurrence of this circumstance at the e-mail address specified by the User.
46. When he does not agree with the changes in the general conditions, the User has the right to withdraw from the contract without giving a reason and without owing compensation or penalty. In order to exercise this right, the User should notify the Merchant within one month of receiving the message under the previous article.
47. In the event that the User does not exercise his right to withdraw from the contract in accordance with the procedure set out in these general terms and conditions, it is considered that the amendment has been accepted by the User without objection.
Applicable law
48. The provisions of the current legislation of the Commonwealth of Australia shall apply to all matters not settled by these Terms and Conditions.