We are Endotherapeutics Pty Ltd, our Australian Business ABN number is 89 088 045 103, and our registered office is at Suite 301, 2 Banfield Road, Macquarie Park, NSW, 2113 Australia.
The term ‘Endotherapeutics’ or ‘endermologie ANZ” or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ or ‘your’ refers to the user or viewer of our website or the client as the context requires.
TERMS AND CONDITIONS OF USE:
ONLINE SHOPPING TERMS
ORDERS AND PAYMENT
- To place an order, you need to provide us with the information in our order form page, including your name and delivery address, as well as an email we can send your confirmation to. You are responsible for providing accurate information and for typological errors in your order, including if you type in an incorrect delivery address or email. We are not responsible or liable for any losses if you provide inaccurate or incomplete details.
- Once you submit your order, it can only be cancelled or changed if we agree to do so: you should check your order carefully before submitting it.
- You must pay for your order in full at the time you submit it. An order is only confirmed once we receive your payment. We will send you a confirmation email about your order, as well as an email when we have dispatched the Product you have ordered.
- The record of the transaction generated from the Site is proof of the purchase of Products, including if there is a dispute between you and us about the purchase.
- We can refuse orders: if we have an existing dispute with you; if you’ve failed to pay for part or all of a previous order; or, if your payment authorisation is refused by your banking organisation.
- Endotherapeutics does not have to fulfil an order if there has been a genuine human or system error on our part (eg a price or a Product description). Where an order is affected by an error of this type Endotherapeutics we will give you a refund. If only part of an order is affected by an error, we will refund you for that part, but we will fulfil the rest of the order. We can also correct any errors, inaccuracies or omissions, without further notice to you.
- As part of our fight against fraud, information about orders will be analysed by our payment partner.
- Products remain our property until we receive full payment. Risk in the Products (including damage or theft) transfers to you once the product is delivered.
We take all reasonable care to ensure that all details, descriptions, images and prices of products appearing on the site are correct at the time when the relevant information is entered onto the system. However, to the extent permitted by applicable law, we do not warrant that the Product descriptions, colours or other content available on the site are accurate, complete, reliable, current, or error-free. Although we aim to keep the site as up to date as possible, the information, including Product descriptions, appearing on this site at a particular time may not always reflect the product exactly at the moment you place an order.
PRICE AND DELIVERY COST
The prices of the products are in Australian dollars and include GST. Delivery costs are separate. They are set out in the shipping section and will be added to the price of the products to give your total price payable. We may change product prices and delivery costs from time to time. You will be required to pay the total price via the Site which is published at the time you submit your order.
Orders are usually prepared by our logistics centre located in Horsley Park, NSW, Australia, then dispatched by our delivery agent. Delivery times will vary depending on a number of factors, including Product availability, the capacity of our centre, supplier delivery of Product to us, and any delays experienced by our delivery agent. We are not responsible or liable for any delay in delivery.
- Products advertised for sale on the site may be ordered only if the invoice and delivery addresses are within Australia.
- We are not able to deliver products to a post office box.
- We may not be able to deliver products to all locations. For a full list of delivery locations, please contact Customer Service by phone at 1300 00 3636 or [email protected]
- A standard flat rate delivery fee of $10.00 applies to all orders.
- Refer to the Delivery & Returns Policy for standard and priority transit times.
- Urgent Shipping, please place the order directly with customer service by phone 1300 00 3636 or [email protected]
- We will make every effort to deliver the products to your nominated delivery address within 1-9 days following receipt of your order. We cannot guarantee that delivery will take place in the time frame.
- You may provide authority for our courier to leave products at the delivery address if there is no one available at the delivery address to accept delivery (‘Authority to Leave’) by checking the box at the checkout.
- By checking this box, you ask us to deliver your order to an unattended address at your own risk. You accept responsibility for the order once it has been delivered.
- The courier may, at their discretion, decide to not make the delivery to an unattended address, such as if they consider the location is unsafe.
EXCHANGE AND RETURNS
- Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major defect and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
- We cannot refund or exchange products if you simply change your mind.
- If you receive a Product which has been sent in error, or which does not comply with its specification, contact Customer Service by phone at 1300 003 636 or email click here. You must return the affected Product to us within 3 working days of you receiving it, in its original form and packaging.
- If there is a major defect with the Product, or if the incorrect Product has been delivered, you may choose a refund or exchange.
- Where Products are damaged through misuse or abnormal use, we will not provide a refund or exchange.
- These Terms are in addition to, and do not affect, your other statutory rights and remedies which are available to You under the Australian Consumer Law.
Unless otherwise stated, Endotherapeutics own the intellectual property rights and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
YOU MUST NOT –
- Republish material from this website (including republication on another website).
- Sell, rent, or sub-license material from the website.
- Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose.
- Edit or otherwise modify any material on the website.
- Redistribute material from this website except for content specifically and expressly made available for redistribution.
- You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
- You must not use this website for any purposes related to marketing without our express written consent.
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Nothing on this website constitutes or is meant to constitute advice of any kind. If you require advice in relation to any legal or medical matter, you should consult an appropriate professional.
Information contained on our site should by no means serve as a replacement for medical advice from your pharmacist, doctor, or any other approved medical practitioner. As the consumer, you are fully accountable for any outcomes resulting from your actions on our website such as product purchases based on the information gathered therein.
ACCURACY & ERRORS
We will always attempt to be as accurate as possible with our product information. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error-free. Product images are intended as a reference; the actual product colours may vary from colours shown on your monitor and is beyond our control.
In the case of errors, Endotherapeutics shall have the right to refuse or cancel any orders placed for those products affected by the error. This right remains whether or not the order has been confirmed and/or your credit card charged. listed at the incorrect price. Endotherapeutics shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. We will process a refund and contact you if this is the case. Please contact Customer Service by phone on 1300 00 3636 or by email at [email protected] for further assistance.
LIMITATIONS OF LIABILITY
- Endotherapeutics will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss.
- For any indirect, special, or consequential loss.
- Any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Endotherapeutics has been expressly advised of the potential loss.
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the terms and conditions will exclude or limit our liability in respect of any:
- Death or personal injury caused by Endotherapeutics ‘s negligence.
- Fraud or fraudulent misrepresentation on the part of Endotherapeutics.
- Matter in which it would be illegal or unlawful for Endotherapeutics to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable. If you do not think they are reasonable, you must not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Endotherapeutics and undertake to keep Endotherapeutics indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Endotherapeutics to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Endotherapeutics arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, Endotherapeutics may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
CHANGES TO THIS POLICY
Endotherapeutics may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Endotherapeutics may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.