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This Standard Terms and Conditions Agreement ('Agreement') contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from cpap.com.au , or any of its subsidiaries. By accepting delivery of the product purchased from cpap.com.au and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and cpap.com.au. These terms and conditions are subject to change without prior written notice at any time, at cpap.com.au's sole discretion.
"We", "us" and/or "our" means cpap.com.au. b. "You" or "your" means the individual or entity named on the invoice.
2a. Payment Terms; Orders; Interest.
Advertised prices are in Australian Dollars and, unless otherwise noted, are for upfront purchasing by way of payment options on checkout. Finance options such as Certegy and ZipMoney options my not be available with these prices due to the high cost of offering a payment plan service. Prices on this website may also exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are at cpap.com.au's sole discretion, and unless otherwise agreed to in writing by cpap.com.au, payment must be received by cpap.com.au before cpap.com.au's acceptance of an order. Invoice amounts are due and payable within the period noted on this invoice, measured from the date of the invoice. cpap.com.au may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
2b. Gift Cards.
Gift cards can only be used for purchases made through CPAP Direct. Available to use in-store and online. Gift cards are not redeemable for cash and are valid for two (2) years from date of purchase. There are no fees or charges applied. There are no restrictions on the dollar amount used in one transaction given it does not exceed the card's dollar value. Gift cards can only be redeemed by the authorised cardholder unless the cardholder has pre-approved the transaction with a CPAP Direct representative. Lost, damaged or stolen gift cards will not be replaced unless permitted by the Managing Director.
Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
4. Shipping and Title.
cpap.com.au will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when cpap.com.au delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. If shipping to a business or company address please include business/company name and attention goods to your personal name. Title to software remains with the licencor of the software. Your use of software is subject to license agreements applicable to the software. You must notify cpap.com.au of missing or damaged items in your order within five (5) days after you receive your product.
*If your shipping address Is an apartment number or unit number it may be beneficial to have your item shipped to an address where the Australia Post delivery person can knock on your door and hand you the item directly. Workplaces are often the best alternate shipping address for your item as someone is likely to be able to receive the parcel in person.
*If you have no alternate address and you aren't home when the package is being delivered you may receive a card in your mailbox letting you know to collect your parcel at your nearest Post Office. Should you not receive a card and your item is taking an extended amount of time to reach you it may require you to call your local Post Office and check to see if it is awaiting your collection. *You must show sufficient photo ID to collect your parcel from the Post Office.
5a. Return Policy.
We are not obligated to provide a refund if the product is free from defects and operating within product specifications or change of mind decisions. We will meet our obligation under the relevant State Legislation to provide a remedy if the goods are defective. Non faulty / unused product returns can only be accepted within 7 days of the original invoice date only and must be accompanied with the original receipt. A refund will only be issued for the amount of the items on the sale and will not include shipping costs, accessories or merchant fees charged to CPAP Direct on Certegy or Zip Money sales. All items will be subject to a 25% restocking fee. Cancellation and Return Policy is not applicable to business to business transactions and multi-purchase orders (3 or more). Please email CPAP Direct at email@example.com and provide the invoice number, item description, and serial number(s) of the merchandise you wish to return. Returned merchandise must be placed in original packaging, and include product manuals and other accessories. All sales on masks, cushions, tubes and accessories are final if packaging has been opened. No refunds are available on any accessory items at any time. cpap.com.au may, from time to time, at its sole discretion issue refunds for accessory items, however any refund is subject to cpap.com.au's standard return policy whereby a 25% restocking fee is applicable and the item must be returned within 7 days. All Returns must be delivered to our head office Shop 6/832 Gympie Road Chermside Qld 4032 or via post to CPAP Direct P.O. Box 1407 Buderim Qld 4556. If a rental payment was deducted off the original price of the goods, this portion will come off the refund before it is applied. If the product is returned, the out of pocket rental charge is reinstated.
5b. Money Back Guarantee offers.
If there is a 14 day or 30 day money back guarantee offer advertised, it relates solely to that product. A refund for those goods only will be issued. You may also choose to use the credit against other items in store. The refund/credit does not include postage or shipping costs. If the item was bought with a third party finance company such as Certegy, ZipMoney or AfterPay etc, a 10% merchant fee will be deducted from the refund as this cost is incurred by CPAP Direct. Rental cost deductions are intended as an incentive to purchase your goods at the end of your trial and not applicable with any other discount offered by CPAP Direct including the 5% Price Beat Guarantee.
6a. Disclaimer of Warranties; Domestic.
There are no warranties for software or services. cpap.com.au makes no warranties, expressed or implied, except those stated in this section and in cpap.com.au's applicable warranty statement in effect on the date of any invoice. Any such warranties will be effective during the relevant period and cpap.com.au will be obligated to honour any such warranties only upon receipt of payment in full for the item to be warranted. The standard warranty period begins from the receipt of goods by initial consignee.
6b. Service Claims under Warranty.
Items that are returned for repair under warranty take approximately 7-21 business days to be repaired and returned to you. The 7-21 business day period commences from the 'physical' receipt of goods at the premises of cpap.com.au by a cpap.com.au representative. This does not include any collection notices or attempted deliveries by a courier(s), Australia Post representative or other person(s). The 7-21 business day period quoted is a guide only and should be treated as such. Thus from time to time, repairs under warranty may extend past the 7-21 business day period. cpap.com.au accepts no liability or consequences for repairs under warranty that extend past the 7-21 business day period.
7. Disclaimer of Warranties; International.
The standard warranty stated above in Section 6 applies to cpap.com.au branded products shipped to a country outside of Australia/New Zealand, provided that customers outside Australia/New Zealand are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to cpap.com.au. All international customers are responsible for all customs duties, GST and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE IN SECTION 6 ALSO APPLIES TO INTERNATIONAL CUSTOMERS.
Purchases. All software is provided subject to the license agreement that is part of the package you receive from cpap.com.au. You agree to be bound by the license agreement once the package is opened or its seal is broken. cpap.com.au does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
From time to time, cpap.com.au may, at its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with cpap.com.au's exchange policies in effect on the date of the exchange.
cpap.com.au continually upgrades and revises its products and service offerings. cpap.com.au may revise and discontinue products at any time without prior notice to customers. cpap.com.au will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building cpapt.com.au products are selected from new and equivalent-to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted cpap.com.au SKU numbers for cpap.com.au-branded hardware products are of the quality specified by cpap.com.au on its website and conform in all material respects with the cpap.com.au product specification current on the date such products were shipped.
11. Product Specifications.
The product specifications, images and information listed on cpap.com.au's website is provided as a guide only and should be confirmed with the manufacturer or relevant authority prior to purchase. cpap.com.au accepts no responsibility or liability for specifications, images or information that is incorrect prior to purchase, at the time of purchase or at any other time.
12. Software and Peripherals.
Any warranty and technical support provided on third-party products offered by cpap.com.au, such as computer monitors, speakers and other peripheral devices, as well as software, are provided by the original manufacturer and not by cpap.com.au. The warranties and technical support offered by such manufacturers may vary from product to product. cpap.com.au-branded software and peripheral devices carry the same warranty terms as those described in Section 6.
13. Limitation of Liability.
cpap.com.au does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use or for lost or corrupted data or software or the provision of services and support. cpap.com.au will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages even if advised of the possibility of such damages or for any claim by any third party except as expressly provided herein.The consumer agree that for any liability related to the purchase of products or services bundled with the products, cpap.com.au is not liable or responsible for any amount of damages above the aggregate dollar amount paid for the purchase governed by this agreement.
14. Not for Resale.
You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale. cpap.com.au has separate terms and conditions governing resales and transactions outside the Australia/New Zealand.
15. Cancelled orders.
If you cancel your order you will be charged a 25% cancellation fee for processing of your cancellation all refunds can take up to 4 weeks to be issued.
16. Miscellaneous Provisions.
You will not register or use any Internet domain name that contains an cpap.com.au trademark or trade name (i.e., cpap.com.au) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforcement of the remaining provisions shall not be affected or impaired. This Agreement and any sales there under shall be governed by the laws of Australia/New Zealand, without regard to conflicts of laws principles.
17. Remote Monitoring and Data.
All connected devices that include internal 2G, 3G or 4G modems are sold with our free remote monitoring service. (While the technology is supported by telecommunication companies). This complimentary service allows the patient to connect to the manufacturers mobile phone application if needed. The service also allows CPAP Direct clinicians to remotely monitor therapy and if required, generate therapy reports for patients and doctors without the need to the patient to come in to store. The patient must advise in writing to CPAP Direct if they do not wish to have their data accessible by our clinicians. CPAP Direct respects the privacy of all patients and will not sell or disclose any personal data to third party marketing companies.
18. 5% Price Beat Guarantee.
The competitor must be advertising the same goods cheaper than our online pricing - we will then beat that price by a further 5% subject to these conditions: The competitor must be a registered Australian CPAP provider with a valid ABN and in the same state as the purchaser. Price beat guarantee applies to machine and/or mask purchases. (Accessories must be bought with a machine or mask to be included in the price beat guarantee). Price beat guarantee can only be applied for before the initial purchase of goods and will not be given retrospectively. The competitor must be accredited with a direct Australian supply account by the manufacturer of the goods being price matched. The competitor must have their price published in print or on their website and must be valid at the time of price matching. The competitor must have the item(s) in stock and be able legally able to supply to your area. Price beat promotion must be claimed on the identical combination of goods if in a package or bundle & this offer is not applicable to trade in deals. Guarantee does not apply to EBAY, Gumtree, Amazon or any other market based website. Guarantee does not apply with any other discount offered by CPAP Direct including, but not limited to, the deduction of hire fees from total cost of purchase or any trade in offered. Beware of the scam Aussie CPAP site. Please visit - www.aussie-cpap.com/au Price beat policy does not apply to other CPAP Direct stores or Partner stores listed on our website. CPAP Direct reserves the right to refuse sale at it’s discretion.
19. CPAP Equipment Hire.
CPAP Direct clinics will credit up to 2 months of rental charges off the displayed monthly specials of CPAP machine packages in store. This credit is not redeemable for cash and the rental equipment must be returned complete with all accessories, bag tube and mask (if applicable). The equipment must be in good condition. If a rental payment was deducted off the original price of the goods when being purchased and the goods were then returned for a refund, this rental cost portion will come off the refund before it is applied. If the product is returned, the out of pocket rental charge is reinstated. Rental cost deductions are intended as an incentive to purchase your goods at the end of your trial and not applicable with any other discount offered by CPAP Direct including the 5% Price Beat Guarantee.
20. DreamStation GO Battery Offer.
Discounted battery offer is a launch special only valid only whilst advertised on cpap.com.au. The battery can be purchased for the discounted price advertised only when also buying a DreamStation GO Fixed pressure or automatic device at the MSRP. This offer does not apply to our 5% price beat guarantee. CPAP Direct will honour the 5% price beat guarantee on a competitors package of a DreamStation Go and battery combination if the total price on the identical products are cheaper than our advertised pricing. Refer to condition 18 above.
21. DVA Delivery.
DVA service radius 100kms from Adelaide CBD. All other patients, 35KM radius. If outside this range, a call out fee may be charged. Alternatively, cpap.com.au can service all product needs and remote monitoring with Australia wide free delivery.
22. CPAP Direct Support Line.
The after sales support line is for existing customers of CPAP Direct that have purchased a machine or mask through one of our CPAP Direct stores or through cpap.com.au The remote clinician may need to verify your contact details in our system before proceeding with help and assistance.
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