JLM-ACCUTEK HEALTH CARE PTY LTD TERMS & CONDITIONS |
TERMS In this document: JLM Accutek Online Store will be referred to as 'The Store'. Purchases through the store refer to consumer health products sold directly through the e-commerce website. JLM Accutek Pty Ltd as a business entity will be referred to as 'JLM Accutek'. Stocked items sold by JLM Accutek Health Care will be referred to as "products" or "goods". Any references to these goods do not include any promotional items or gifts. Our Contact Details Are: SECTION 1 – GENERAL TERMS OF TRADE 1.1. CUSTOMER & TECHNICAL SUPPORT Our customer service staff is standing by to answer your questions about products and help you select products or solutions that will meet or exceed your expectations. Hours of operations are 8.30am to 5.00pm Eastern Standard Time. 1.2. SHIPPING We strive to ship all orders the day they are placed but cannot guarantee delivery times. To help us do so, we encourage you to place your orders early in the day. All purchased orders through the JLM Accutek Online Store ('The Store') will be shipped delivery costs will be notified at The Store checkout. Additional freight charges will apply for large items and/or shipping to remote areas. You will be notified by JLM Accutek Health Care of any additional charges prior to goods being despatched. All purchases made through JLM Accutek Health Care ('JLM Accutek') are shipped freight prepaid and billed on the invoice. Selection of method of transportation and carrier will be at our discretion. For our full shipping policy refer to Section 3 ‘SHIPPING POLICY. 1.3. PRICES Products from The Store shall be charged at the quoted price listed on the website on the date of purchase. 1.4. RETURNS & CREDIT POLICY We want to guarantee the satisfaction of the customers we serve. Notify us immediately if there is a problem with your order. All claims for shortages or incorrectly sent products must be made within 14 working days after receipt of goods. Request for returns of faulty product/s must be in writing and authorised in advance. No returns of promotional gift items are accepted (For warranty conditions refer to clause 2.4 ‘CONDITIONS ON PROMOTIONAL GOODS & SHIPPING’). Any goods purchased from JLM Accutek which are not defective cannot be returned for a refund. JLM Accutek does not refund in the case where a customer incorrectly selects goods or changes their mind. Any goods returned must be in original packaging and unopened. No goods where a free gift was received can be returned under any circumstances unless the primary good has a defect. For our policy on gift defects refer to clause 2.4 ‘CONDITIONS ON PROMOTIONAL GOODS & SHIPPING’. 1.5. TERMS OF PAYMENT Payment from purchases made through ‘The Store’ are automatic upon purchase confirmation. Goods will not be despatched until payment has been approved by your credit provider or PayPal. Ownership and title to the goods shall not pass to you and shall remain with JLM-Accutek Health Care until such time as the goods have been paid in full. JLM Accutek Health Care will require a minimum deposit of 20% of the total order value. In the event the customer cancels the order prior to delivery, the customer will forfeit the deposit in full. JLM Accutek Health Care will require payment in full or a minimum deposit of deposit of 30% for any purchase where the company needs to allocate or hold stock to a customer. JLM Accutek Health Care reserves the right to charge the full amount upfront for all purchases that are discounted or are part off any promotional offer. In this instances no credit terms will be provided to customers. 1.6. WARRANTY All supplies are warranted against defects in materials and workmanship for a period of 30 days or as indicated on the packaging and all electromedical devices are warranted against defects in materials and workmanship for a period of 12 months or as indicated on the packaging. This warranty shall not apply to defects resulting from improper or inadequate use and operation of the products outside the product specification. 1.7. FUTURE MODIFICATIONS TO THE GOODS JLM-Accutek Health Care shall be entitled to make any modifications to any existing or future goods that it thinks necessary or reasonable but without incurring any obligations to make such medications to any goods already sold provided however that the goods as modified shall thereafter be the goods for the purpose of this Agreement and any modification made by JLM-Accutek Health Care pursuant to this paragraph shall not extend any of the warranties or the warranty periods as set forth in the terms of trade. 1.8. REPRESENTATIONS and WARRANTIES The parties to this agreement specifically agree that all the terms, conditions, and warranties herein contained shall represent the whole of the agreement as between the parties and furthermore you acknowledge that you do not rely upon any other representation made by JLM Accutek or any other persons representing JLM-Accutek Health Care concerning the merchantability or fitness for purpose of the goods. 1.9. EXCLUSION OF OTHER WARRANTIES All other warranties that would otherwise be included by law, whether those warranties are expressed or implied pursuant to general law, or by virtue of any statute, are hereby excluded. The warranties given in this terms of trade are the only warranties given by JLM-Accutek Health Care provided however to the extent to which by any statute (whether State or Federal) there is a warranty which applies to this sales of goods irrespective of the agreement of the parties to exclude the same then, this paragraph shall not be interpreted as purporting to exclude the operations of such warranty or warranties and such warranties shall apply. 1.10. ACCEPTANCE OF THE TERMS OF TRADE Once products are ordered by the customer, this constitutes acceptance of our terms of trade. JLM Accutek Health Care reserves the right to change terms of trade without notice. 1.11. PROMOTIONAL GOODS POLICIES Refer to JLM Accutek's "PRICE MATCHING & PROMOTIONAL GOODS TERMS & CONDITIONS" in Section 2 of our general terms and conditions for our policy on promotional goods. JLM Accutek reserves the right to change or discontinue any promotion at any time without notice. SECTION 2 – PRICE MATCHING & PROMOTIONAL GOODS TERMS & CONDITIONS 2.1. QUALIFYING FOR JLM ACCUTEK'S PRICE GUARANTEE JLM Accutek's Price Guarantee only applies to 'like for like' comparative prices on equivalent products and volumes, for items currently in stock. JLM Accutek reserves the right to determine whether an competitor's product quotation is a true match in comparison to JLM Accutek's products. JLM Accutek will require customers to provide a valid quotation for currently available goods from a legal Australian business entity in order to claim the Price Guarantee. Quotations must not be older than 30 days and made out to the customer seeking the price match. The price match guarantee does not apply in cases where a competitor's product is old stock (out of manufacturer warranty), refurbished, is out of stock or on back offer. 2.2. PRICE GUARANTEE EXCLUSIONS JLM Accutek's price match guarantee is a mutually exclusive offer and overrides any offer including free promotional gifts included in special direct mail offers, email or online promotions(validated by a redemption code) unless explicitly stipulated. JLM Accutek's Price Guarantee excludes wholesale and overseas quotes, stock liquidations and commercial quantities. JLM Accutek's price match guarantee does not apply to commercial resellers. 2.3. TERMS OF QUALIFICATION FOR FREE GOODS UNDER PRICE GUARANTEE In order to qualify for a stocked good to be free JLM Accutek must have the right to make a final offer to beat any competitors' official price. Only in the event where JLM Accutek is unable or unwilling to beat its competitor's quote is the customer eligible for one item free which JLM Accutek is unable to price match with another equivalent product. A valid competitor's offer must conform to clauses 2 and 3 above. JLM Accutek reserves the right to change or discontinue any promotion at any time without notice. 2.4. CONDITIONS ON PROMOTIONAL GOODS & SHIPPING JLM Accutek will provide advertised promotional goods when available but reserves the right to substitute advertised promotional goods with goods of equivalent value in the event that stock is not available. Advertised prices do not include shipping costs on the device, product or free gift, which may vary based on a customers location. JLM Accutek may at its discretion offer the customer an alternate promotional item of higher value but the customer will be liable to pay a difference at the company's request. 2.5. RETURNS ON PROMOTIONAL GOODS JLM Accutek is not responsible for the incorrect selection of promotional goods by the customer. JLM Accutek will not swap promotional goods for an alternate item or replace any promotional items once they are opened. 2.6. WARRANTY JLM Accutek is not responsible for any warranty claims on any free gifts supplied on any free gifts under any promotional offer. 2.7. TERMS AND CONDITIONS Standard Terms of Trade will apply on any purchase made using JLM Accutek's Price Guarantee. Price matching and free promotional offers apply to the period 12/3/2012 until 2/4/2012 or until stock runs out of products or promotional gifts. 2.8. ACCEPTANCE OF THE TERMS OF TRADE Once products are ordered by the customer, this constitutes acceptance of our terms of trade. SECTION 3 – SHIPPING POLICY 3.1. SUPPLY Subject to JLM Accutek's Pty Ltd's Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item. 3.2. DELIVERY 3.3. ACCEPTANCE OF THE SHIPPING POLICY Once products are ordered, this constitutes acceptance of our terms of trade. |