Terms & Conditions
Website Terms and Conditions
Last updated: 21 May 2012
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.flexyfoot.com.au (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by using this site and in ordering any of our Products, you agree to be bound by these terms and conditions.
You may wish to print a copy of these terms and conditions for future reference.
1. Information about us
1.1 www.flexyfoot.com.au is a site operated by Recreate health Pty Ltd, trading as Flexyfoot Australia ABN 67 152 612 587. We are an Australian business, based in Berwick, Victoria. We manage the distribution of Flexyfoot Products in Australia and New Zealand. Please note that we are not an agent of Flexyfoot Limited, the manufacturer of Flexyfoot Products, which is registered in England and Wales. On-line purchases on this site involve contracts for sale between Flexyfoot Australia and customers located in Australia and New Zealand.
2. Your status
2.1 By placing an order through our site, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old. Please note that we are only able to accept orders for delivery to addresses in Australian and New Zealand.
3. How the contract is formed between you and us.
3.1 After placing an order, and completing the on-line payment, you will receive an e-mail confirming the payment for your order. All orders are subject to acceptance by us. In the case that you order is not accepted, we will advise you by email and arrange the appropriate refund. The contract between us (Contract) will only be formed when we dispatch your order along with a tax invoice.
3.2 The Contract will relate only to those Products dispatched and invoiced to you. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate invoice.
4. Consumer rights
4.1 Under Australian Consumer Law, consumer guarantees apply to goods and services purchased from 1 January 2011. Our returns policy is set out in clause 8.
5. Availability and delivery
5.1 We aim to dispatch your order within two business days, unless there are exceptional circumstances. All Orders in Australia will be dispatched using Australia Post services, unless otherwise specified.
6. Risk and title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Unless otherwise indicated, the individual Product prices shown exclude delivery costs, which will be added to the total amount due and clearly indicated prior to completing the on-line transaction.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already accepted your order.
7.4 Despite our best efforts, it is possible that one or more Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after receiving payment, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
7.6 Payment for all Products must be by credit or debit card. We accept payment via PayPal for all major credit cards.
8. Our refund/exchange policy
8.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you believe that you have received a defective Product, please return it to Flexyfoot Australia, 448 Centre Road, Berwick, VIC, 3806, within 30 days, for either a replacement at no extra cost or a full refund (after confirming the defect). Refunds will cover the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the Product to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
If you are unsure whether the Product is defective, believe we have sent you the wrong product, or wish to discuss possible defects, please contact Flexyfoot Australia, between 9:00am and 5:00pm Monday-Friday (AEST) on 03 9702 0110, or alternatively via the contact form on this website, or by email (firstname.lastname@example.org).
9. Our liability
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
9.3 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under relevant sections of Australian Consumer Law; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect or consequential losses which happen as a side effect of the main loss or damage, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise PROVIDED that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2.
10. International orders
10.1 We will only accept orders for delivery to addresses in Australia and New Zealand. Please do not attempt to order products for shipment to other countries. For deliveries to other countries, please visit www.flexyfoot.com
11. Written communications
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.1 All notices given by you to us must be given to Flexyfoot Australia at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of rights and obligations
13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clauses 11 and 12.
16.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. Our right to vary these terms and conditions
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. Law and jurisdiction
19.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by laws applicable in the State of Victoria and the Commonwealth of Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Victoria and Australia.