Conditions of Sale
These Conditions of Sale govern the sale of products on www.sensorgliving.com by Sensor Guided Living Pty. Ltd. (ABN XX 637 002 978) (trading as “Sensor Guided Living” or “SGL””) to you.
Please read these conditions carefully before placing an order for products sold by Sensor Guided Living. By placing an order, you agree to be bound by these conditions.
1. OUR CONTRACT
Your order is an offer to us for you to buy the product(s) in your order. When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product(s) to you and send e-mail confirming that we’ve dispatched the product to you (the “Dispatch Confirmation”). Your contract of sale is with Sensor Guided Living Pty. Ltd.
You consent to receive sales invoices electronically.
2. CANCELLATION AND RETURNS POLICIES
You can return most items within 30 days of receipt of delivery if you change your mind. This change of mind return policy is in addition to, and does not affect your rights under the Australian Consumer Law including any rights you may have in respect of faulty items.
CHANGE OF MIND RETURNS
You may return most new, unopened items fulfilled by us within 30 days of receipt of delivery for a replacement or full refund of the price you paid for the item if you change your mind. Unless otherwise stated, original shipping fees for change of mind returns are not refunded.
CONDITIONS APPLYING TO CHANGE OF MIND RETURNS
Unless otherwise stated in this Policy:
- All item packaging, documentation (boxes, manuals, warranty cards, etc.) and certificates of authenticity, grading, and appraisal must be returned with the returned items. Packaging must be unopened and seals intact (where applicable).
- Items must be in new and unworn condition.
- Any items that, because of customer negligence, misuse or tampering are, damaged, missing parts or in unsellable condition, will not be accepted for return.
- Any item(s) that have been resized, damaged or otherwise altered after delivery will not be accepted for return.
We are not required to accept change of mind returns on items outside the specified return window or change of mind returns of items that do not comply with this Policy.
These conditions apply only to change of mind returns and do not apply to items that are returned because they are faulty.
Our returns and refund policies do not limit other rights and remedies you may have under law such as the Australian Consumer Law, including in respect of faulty items. If you need to return a faulty item, please contact us (email@example.com) for assistance.
FAULTY ITEMS AND AUSTRALIAN CONSUMER LAW
If an item purchased from Amazon AU is faulty, any related return and refund rights we offer you will apply in addition to, and do not limit, other rights and remedies you may have under law, including under the Australian Consumer Law.
If you identify a faulty item:
- within the relevant return window for that item, you can return the item to us; or
- outside the return window for that item please contact us (firstname.lastname@example.org) as you may still be entitled to a refund, replacement (where available) or repair.
Please notify us of faulty items using by contacting us (email@example.com) within 30 days from receipt of delivery.
Faulty items do not have to be returned in their original packaging, but must be packaged appropriately to avoid damage during the return shipping process.
Factors such as age, price, the item’s condition and the disclosures made about the item may be relevant to your return and refund rights under the Australian Consumer Law. The Australian Consumer Law also applies to used and refurbished items.
We are not required to accept any returned item that, as a result of customer negligence, misuse or tampering is, damaged, missing parts or in unsellable condition.
3. PRICING AND AVAILABILITY
All prices are inclusive of GST.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or by posting a message on the Message Centre of the website as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
4. DELIVERY TIMES
Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such.
5. PRODUCT INFORMATION
All information about the products on our website is provided for information purposes only and our sole liability in the event of any incorrect product information will be to accept a return of the product in accordance with our returns policies and your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, report the concern to us at firstname.lastname@example.org.
For healthcare products, content on this site is not intended to substitute for advice given by a medical practitioner or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.
Sensor Guided Living accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
7. DISCLAIMER AND LIABILITY
Unless otherwise stated in writing, Sensor Guided Living disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. Sensor Guided Living will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This Section 7 does not affect your rights under Section 4.
Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product (including applicable shipping fees).
The disclaimers, exclusions, and any other limitations on Sensor Guided Living’s liability in this Section do not override any express commitments Sensor Guided Living gives to you.
Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.
9. APPLICABLE LAW
The laws of Queensland govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Queensland. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us at email@example.com.
We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us.
If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
We do not sell products for purchase by children. We may sell children’s products for purchase by adults. If you are under 18 you may only use sensorgliving.com.au with the involvement of a parent or guardian.
14. OUR CONTACT DETAILS
Our contact details are:
Sensor Guided Living Pty. Ltd.
56 Davenport Street, Southport, QLD 4215, Australia