Terms and Conditions
- These Terms and Conditions of trade (Terms and Conditions) apply to all sales of goods by Panaquatic Health Solutions Pty Ltd (the Company) to you, the buyer. The Company may change these Terms and Conditions at its own discretion and such amended Terms and Conditions will be posted on the Company’s website.
Pricing and Delivery
- The price of the Goods for sale is as shown on Company’s website at the time of the purchase.
- The prices and product specifications shown on Company’s website are subject to change at the absolute discretion of the Company and without notice to the Buyer.
- An order for Goods through the Company’s website constitutes an offer to purchase the Goods by the Buyer subject to these Terms and Conditions.
- Orders accepted by the Company may not be cancelled or altered in whole or in part without the Company’s written consent.
- The Company may at its absolute discretion decline any order either in whole or in part.
Delivery of Products
- Please allow at least ten (10) working days for delivery from the receipt of an order and payment for the order. Delivery time is subject to stock availability, this period may be extended by up to 30 days by the Company and the Company will endeavour to provide you with reasonable notice of that extension.
- Delivery fee are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.
- The Company currently ships orders to Australian addresses only.
Terms of Payment
- All purchases of Goods are due and payable in full prior to any Goods being packaged and sent.
Goods and Services Tax (‘GST’)
- All prices will be quoted inclusive of GST.
- The Goods are guaranteed against defects in material or workmanship subject to fair and proper usage.
- The Buyer shall immediately notify the Company in writing of any defect in the Goods supplied.
- Nothing in these Terms and Conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other Australian laws which cannot be modified or excluded. Except as expressly set out in these Terms and Conditions and as required by the Australian Consumer Law, the Company makes no warranties or other representations to the Buyer. The Company’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law. Any warranties made by the Company to the purchaser of the Goods is solely for the benefit of the Consumer, and no Buyer purchasing goods for resale shall be entitled to bring claims under any such warranties.
- Without limiting the above clauses:
- The goods come with guarantees that cannot be excluded under the Australian Consumer Law. A Consumer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. A Consumer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- To the extent permitted by statute, the liability, if any, of the Company arising from the breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of Goods, shall at the Company’s option be limited to:
- the replacement of the Goods or resupply of the Goods, or the cost of replacement or resupply of the Goods;
- refund of the Purchase Price; or
- the repair of the Goods, or the cost of repair of the Goods.
- The Company shall not in any circumstances be liable to the Buyer under or in connection with these Terms and Conditions, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission in the course of or in connection with the performance of these Terms and Conditions, for or in respect of any excluded loss.
- Unless otherwise specified, this warranty does not cover modified, abused, neglected, accidentally damaged or excessively worn Goods, or Goods that have become damaged or defective as a result of improper use;
Compliance with these Terms and Conditions
- You agree to bound by, and comply with, these terms and conditions by obtaining or ordering Products from the Company using the Site.
Changes to these Terms and Conditions
- If you have an order that has been accepted by the Company, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order.
- The Company may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
- You covenant and warrant that:
- All information and data provided by you to the Company through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
- The person receiving the Products at the Delivery Address is authorised by you to do so;
- You have and will comply with all relevant laws relating to your use of the Site and your placement of any order;
- You will promptly advise the Company of any changes to your information provided as part of the customer registration process;
- You are responsible for any costs associated with your access to or use of the Site, including Internet access fees.