In these Terms and Conditions:
- ”Buyer” and “You” is any person who purchases Product via this website or directly from Seller.
- “Seller” is RespiraCorp Pty Ltd ACN 138883397
- “Product” means the “sleepQ+” gel manufactured for and sold by the Seller
- ”Site” or “Website” means www.sleepqplus.com, sleepqplus.com.au and sleepqplus.co.nz
- Site Use. By using this site and proceeding to order and purchase our Product you are confirming your acceptance in full of Seller’s Terms and Conditions. You should read carefully these Terms and Conditions prior to your purchase through this site or direct from our premises. We reserve the right to make any changes to this site, including the Information and the Terms and Conditions at any time without notice. Any changes will apply immediately to any purchases made after such changes are entered on this site. We are not responsible to notify you of any changes. Notwithstanding any information or statements on the web page, these Terms and Conditions contain the entire agreement between the Seller and Buyer relating to purchases of sleepQ+. By submitting an order the Buyer confirms that it has read, understood and agreed to the Terms and Conditions.
- Ordering. We maintain the right to refuse or cancel any order even if it has been received or confirmed or payment received. In this event if payment has been received by credit card we shall immediately issue a credit to your credit card for the full amount of the charge. Payments made by cleared cheque or direct credit will be reversed to that account. If payment is made in any other form we will contact you through the contact information provided by you for instructions to refund the charge. We will confirm receipt of your order using the email address you provide, and an estimate of when the Product will be dispatched, following clearance of funds. Your receipt of this or any other form of order confirmation does not constitute our offer to sell or signify our acceptance of your order. We reserve the right to accept or decline your order without notice and at our discretion and to limit for any reason the quantity of the order. No order may be cancelled except with the written consent of the Seller and on terms which will indemnify us against all losses.
- Payment and Pricing. Prices displayed on the web site are net, exclusive of Product and Services Tax (GST), currently 10%, which will be added to each order if applicable and payable at the time of ordering. A nominal charge to cover the cost of packaging and delivery will be posted on the order page and added to the order if delivery is requested. Payment must be made in full at the time of ordering and the Product will be dispatched as soon as possible following cleared funds. Payment options will be displayed at the time of ordering and may be changed at any time without notice. Payments made through any financial institution or payment system that applies a surcharge will attract an identical charge, which will be added to your payment. Payment is subject to approval by the financial institution you choose from the options we offer and we are not liable for any refusal or dishonoring of the payment made by you. Your order must include (but not limited to) the following information:
The Buyer is responsible for ensuring that the Payment has been addressed to the correct recipient, the Seller. If an error in this information leads to the payment being credited to the wrong account, the Seller has no liability whatsoever for that payment. If it is necessary, we will contact you by email or if a mobile telephone number is provided by SMS (text) message at our discretion. We shall be entitled to presume that the information and communication received online from you is complete, accurate and authorized by you. You agree not to contest the binding legal effect and validity of said information and communication. In the event of reordering it is the Buyer’s responsibility to update all relevant information previously provided. Any Payment System used by the Seller from time to time and incorporated into our Web Page Order Form to facilitate your purchase of the Product is a third party to your transaction and not under the control of the Seller and by using the Payment System provided at the time of your purchase you are bound by the Terms and Conditions of that Payment System. A copy of the Terms and Conditions for that Payment System is available upon request from the Seller and should be read carefully before proceeding with Your purchase.
- The name of the Buyer
- The Buyer’s full address for delivery (which must be within New Zealand or Australia)
- A contact telephone number
- An email address.
12A. Warranty. Subject to the terms of clause 12B, the only warranty given by the Seller in relation to the performance of the Product is that, if properly applied to an adult with no underlying jaw, dental, facial, breathing, sleep or respiratory disorders and in accordance with the Seller’s instructions, sleepQ+ will retain the lips together for several hours, in order to promote nasal breathing. Seller also warrants that it holds all necessary authorizations under the Therapeutic Goods Administration of Australia and Medsafe NZ to sell the Product to a Buyer who is an Australian or New Zealand resident. 12B. Warranty Limitations. The Seller’s warranties in clause 12A are given subject to:
- Product availability and use. We do not guarantee the Product will be available when you place an order or at all and we reserve the right to cancel or revise any order without liability or prior notice. The Buyer will not make any alteration or modification to the Product or change or vary the Product or the recommended method of use and application provided by the Seller. The Seller will provide all such information to the Buyer upon request. Limited performance by the Product can result if not stored, applied and handled in optimum conditions and in accordance with the Sellers recommendations.
- Delivery. Delivery of the Product provided by the Seller will be by ordinary mail, courier or parcel delivery by a third party at the Seller’s discretion. Product to be sent by mail can be sent by registered mail at the Buyer’s request and cost. The address used for delivery will be the same as that provided by the Buyer and no responsibility or liability is accepted by the Seller for incorrect address details, change of address, inappropriate or unidentified mail receiving facilities or unreasonable access at the delivery address which results in late delivery or delivery failure. The Product will be sent uninsured unless the Buyer requests insurance at the time of ordering and pays for insurance prior to dispatch. We are not responsible for any loss or damage to Product in transit caused by any person or event whatsoever except Product damaged by inappropriate packing by the Seller which will be replaced free of charge provided the damaged Product and packaging is returned immediately in the same condition in which they were received.
- Returns Policy. We are not under any obligation to accept Product returned by you, and will do so only on terms we publish from time to time. Requests for refunds must be made within 30 days of you receiving the Product. In the event that we agree to accept returned Product they must be returned to the Seller’s current place of business in the original container and packaging. Any refund we make will be only to the original Buyer, and will incur a reasonable cost for handling. Our current refund policy is: If you don’t love our product for any reason we will gladly give you a full refund within 30 days of receipt of your order. Just go to our website, fill out the refund request form as directed. Your refund will be in the form of whatever method of payment you used for your purchase. See our REFUNDS policy for more details. Shipping and handling charges are not refundable.
- Privacy and Confidentiality. You have a right to privacy in your dealings with us. Unless otherwise required by law we will exercise reasonable, commercial efforts to ensure that any personal or identifying information you provide to us remains confidential and available only to those personnel who are involved with servicing your order or other requests in relation to our Product. Your name, address, banking or similar information will not be sold or made available to third parties by us.
- Place of Contract. The location of any contract between the Seller and Buyer will be the State of New South Wales, Australia and the laws of that State will govern that contract. Any dispute between the parties shall be submitted to the relevant Court in that State for determination.
- Risk of using Website. The Seller, shall not be liable to the Buyer or any user of our Website for any damage or loss arising out of the use of, or entry upon our site including, without limitation, loss or damage caused by viruses, loss of data, interception of online communications, hardware or software failure or non compatibility, or unauthorized use of your banking details or credit card or any other event beyond the Seller’s reasonable control.
- Proprietary Rights. The name “sleepQ+” is a Registered Trade Mark under the Australian and New Zealand Trademarks Act for the exclusive use by the Seller. No unauthorized use of the trademark or phrase is permitted.
13. Warranty Exclusions: The Seller expressly declares that:
- any conditions and warranties implied by the Federal Trade Practices Act 1974 as amended into a contract for the sale of the Products;
- the exclusions set out in clause 13; and
- the disclaimer in clause 14.
- The performance of the Product may vary due to different skin types, storage conditions and individual application technique;
- The Product is not sold or represented as a cure or remedy for or to provide relief for any specific medical or health condition or illness;
- It does not accept any liability for damages arising from any failure of the Product to meet a Buyer’s expectations or for any failure of the Product to attain any performance level or specification that is not expressly warranted by the Seller in these Terms and Conditions;
- It is not liable for any physical or financial injury, loss or damage, including consequential loss or damage arising out of the supply, or use of the Product;
- In the event a pharmacist, therapist, medical professional or clinician purchases the Product from the Seller to sell or provide to a customer or patient for any form of treatment by the customer or patient then the Seller is not liable for any physical or financial injury, loss or damage, including consequential loss or damage arising out of the supply, or use of the Product;
- In particular, but without limitation, the Seller will not be liable for any injury or event arising directly or indirectly from a Buyer’s failure to apply or use the Product strictly according to the Seller’s instructions that are either on the Site or enclosed with the Product and
- Its liability to the Buyer is limited to the replacement of the Product without charge, if the tube containing the Product supplied to Buyer is damaged or defective.
Disclaimer. The Buyer acknowledges that none of the information provided on the Site is intended or recommended as a substitute for professional medical advice. The Seller recommends that a Buyer should consult a Medical Professional if it has any concerns regarding the suitability or use of the Product, having regard to any existing medical conditions suffered by the Buyer.