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BP Medical

BP Medical Online Shop

Terms and Conditions

This website ("Site") is owned and operated by Skymode Pty Ltd (ACN 064 781 479) trading as BP Medical. (collectively "we, us").

These Terms of Use ("Terms") govern your use of this Site and form a binding contractual agreement between you, the user of the Site, and us.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on +61 8 92627300.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1. Licence to use Site

  1. We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
  2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
  3. The Site contains links to other websites. We do not endorse, sponsor or approve any content available on any linked website.
  4. You acknowledge and agree that:

i. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
ii. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2. Intellectual Property Rights
Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

3. Warranties
You represent and warrant to us that you have the legal capacity to enter these Terms.

4. Liability

  1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
  2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
  3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

i. in the case of goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
4. the payment of having the goods repaired, and
ii. in the case of services:
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.

5. Termination

  1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
  2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

6. General

  1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
  2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
  4. This Agreement is governed by the laws of Western Australia and each party submits to the jurisdiction of the courts of Western Australia.

7. Entire Agreement

  1. Each order, Acceptance of each order and supply of Products by BP Medical pursuant to an order shall be governed by these Terms. These Terms constitute the entire understanding between you and BP Medical in relation to any Products ordered and supplied through the Website.
  2. All descriptions, illustrations and indications or price of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of Products. Nothing contained in any such description, illustration or indication of price shall form any part of these Terms.

8. Price

  1. The prices of Products shall be those specified by BP Medical to you. Prices quoted on the Website are indicative only and are subject to change.
  2. All prices on the Website are exclusive of Australian GST and inclusive of delivery (within   the Perth Metropolitan area) and packaging. Outside Perth Metropolitan area delivery at buyers expense (Refer Frequently Asked Questions for further details).

9. Delivery and Availability

  1. BP Medical shall deliver Products (within the Perth Metropolitan area) for no charge.
  2. Where delivery is outside the Metropolitan area BP Medical will either deliver the Products to your appointed external courier, or where no appointment is made, BP shall deliver Products to an external courier of BP Medicals choice. The delivery address will be the address that you have nominated for delivery.
  3. By accepting these Terms, you agree irrevocably to appoint and do appoint the external courier to be your agent for taking delivery of the Products on your behalf and delivery to the external courier shall be deemed to be delivery to you.
  4. All delivery is subject to availability and time shall be of the essence. You will be notified if any Products unfortunately are not available.
  5. BP Medical shall not be liable to the customer or be deemed to be in breach of contract by reason of any delay in delivery of goods, if the delay was due to any cause beyond BP Medical’s reasonable control.

10. Inspection, Delivery Delays, Non – Delivery

  1. You must inspect the Products as soon as is reasonably practicable after delivery. Within 3 working days of receipt of Products you shall notify BP Medical in detail and in writing of any defect in the Products or any other complaint that you may have in relation to the Products.
  2. b.Queries regarding Delivery Delays should be directed to BP Medical. Please allow 24-36 hour delivery service within the Perth Metropolitan area and 48 hours outside the Perth Metropolitan area before follow up with BP Medical.
  3. Queries regarding Products where we notify you of dispatch but where the Products are not received by you must be made within seven (7) working days of the date of advice of delivery.

 

11. Passing of Risk and Property
Risk of loss or damage to, and title to, the Products shall pass to you at the time of delivery of the Products to the external courier, and/or upon written acceptance of delivery of Products from BP Medical’s internal delivery service.

12. Right to Cancel Order
If BP Medical has not committed to sourcing the Products specially for you, or dispatched the Products, you may cancel your order by notifying BP Medical in writing either via e-mail or fax.

13. Returns

  1. BP Medical will accept returns for damaged, faulty or wrong product provided written detailed notification of the Product defect is received by BP Medical and such notification is received within three (3) working days of customer’s receipt of Products.
  2. If you fail to give notice in accordance with this clause, the Products shall be conclusively presumed to be in all respects in accordance with the order and free from any defects that would be apparent on reasonable examination, and you shall be deemed to have accepted the Products accordingly.
  3. If you establish to our reasonable satisfaction that any Products are not in accordance with these Terms or any other contract between us or are defective, your sole remedy shall be limited (as BP Medical may elect) to the replacement of the Products or refund to you of the purchase price, the issue of a credit note or a credit card account refund against return of the Products. If we require you to return the Products to us and they are defective BP Medical shall reimburse your reasonable cost of returning them.
  4. Products sourced specially for a customer are not returnable unless they are faulty.
  5. Any Warranty claims for defective product will be dealt with in accordance with the Manufacturers policy or applicable legislation.

14. Children
BP Medical does not sell products for purchase by children. If you are under 18, you may use this Website only with the involvement of a parent or guardian.

15. Security

  1. Our eCommerce system uses a secure transaction environment to ensure that your information is safe and secure at all times. The technology employed works by encrypting your information which you enter in on our webpages which prevents the information being intercepted by an unauthorised party.
  2. For all Credit Card Transactions we use the Westpac Web Advantage Payment Gateway and all data is transmitted directly between your machine and Westpac. Therefore we do not store any payment details in our database.

16. Privacy

  1. BP Medical is regulated by the National Privacy Principles contained within the Privacy Act 1988. BP Medical will not obtain or use any information you provide in an inappropriate manner. We will only ask for and use personal information we reasonably need to conduct our business.
  2. If you have received any promotional material and you do not wish to receive it again please notify us and we will cease sending any further promotional material.
  3. Please refer to our Privacy Statement for further information.