24 January 2024.
This page (together with Shipping and Returns Policy, Privacy Policy, Cookies Policy and additional terms and conditions and policies referenced herein and/or available by hyperlink) (“Terms and Conditions”) tells you the terms on which you may make use of our website and/or purchasing from us, whether as a guest or a registered user. Please read these Terms and Conditions carefully before you start to use the website and/or purchase from us. By using our website and/or purchasing from us, you indicate that you engage in our services, accept these Terms and Conditions and agree to abide by them. These Terms and Conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the Terms and Conditions, then you may not access the website or use any services herein.
Any new features or tools which are added to the website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this website. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. For future orders, these Terms and Conditions may be different and so we recommend that you read these Terms and Conditions carefully each time you agree to them during the ordering process. We will not change any Terms and Conditions for an existing order that has been accepted by us; the Terms and Conditions that will apply to the order are the Terms and Conditions that applied at the time you placed the order. Nothing in these Terms and Conditions excludes, restricts or modifies any rights that customers may have under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”) or any other rights and which by law cannot be excluded.
Information About Us
This website is owned and operated by Involution Healthcare Pty Ltd (“IHC”, “we”, “our” and “us”). All material appearing on this website is subject to applicable copyright laws.
Accessing this Website
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not share it with any other person. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if you have failed to comply with any of the provisions of these Terms and Conditions in a material respect. You agree to notify us immediately upon becoming aware of any unauthorised disclosure or use of your user identification code and/or password.
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our website.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
In the event a product is listed at an incorrect price through an error in information received from our suppliers or due to a typographical error, IHC shall have the right to refuse or cancel any order placed for product listed at the incorrect price. This will also apply to any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, IHC shall issue a credit to your credit card account for the charges incurred.
Access Conditions
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Products and Services
All descriptions of products or product pricing are subject to change at anytime without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The customer must not resupply the goods outside Australia without IHC’s prior written consent.
Sale and Purchase
IHC agrees to sell and the customer agrees to purchase the goods referred to on a purchase order issued by the customer and accepted by IHC. IHC may decline part or all of any purchase order received from the customer for any reason (including where goods are out of stock or otherwise unavailable) by notifying the customer prior to issuing an invoice for the relevant goods. Information contained on our website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any goods; however IHC will make every effort to supply goods to you. We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
When placing a purchase order please take care as you are not entitled to a repair, replacement or refund simply because you changed your mind, found the product cheaper somewhere else and/or made the wrong choice. Keep in mind that colours may appear different due to different monitor settings. All pictures shown on our website are for illustration purpose only and actual products may vary due to product enhancement or change.
Orders and Delivery
Standard web purchase order processing time is 1-3 business days from the date the purchase order was originally placed. During busy festive periods and public holidays applicable to the state of New South Wales in Australia, there may be delays with order processing, dispatch and delivery. Upon purchase order processing, we will email you the order confirmation and invoice.
Delivery time is approximately 2 to 5 business days for Australian addresses. Upon dispatch of the goods, you will receive an email notification with your tracking number. All our parcels require signature on delivery due to the nature of the products. Delivery will only occur during the period 9:00am to 5:00pm, Australian Eastern Standard Time, Monday to Friday, excluding public holidays.
Any changes to a delivery date effected or requested by the customer may incur storage and additional delivery costs which will be advised to the customer by IHC and be payable by the customer in accordance with these Terms and Conditions.
You acknowledge that access for delivery must be unencumbered, safe and suitable. Where delivery access is not unencumbered, safe and suitable, the customer acknowledges that (i) additional delivery fees may be applied and notified to the customer and payable by the customer; or, (ii) IHC may not be in a position to perform its obligations under this agreement and that, consequently IHC is relieved from its obligations under this agreement to the extent that it is prevented from performing such obligations due to access being unencumbered, safe and suitable. If IHC is so relieved from its obligations by operation of (ii), IHC will issue a credit to your credit card account for the charges incurred after deducting applicable initial freight and handling, return freight and handling, administration and/or storage fees.
We can only deliver to a physical address. Example of addresses we cannot deliver to include, but are not limited, to PO boxes, locked bags and freight forwarding companies. When ordering, please state the floor level of your delivery address if it is not at ground level. Bulky/heavy items, equipment or furniture are delivered to ground floor level only – additional charges may apply for alternative delivery arrangements.
Whilst we will endeavour to deliver your order in a timely fashion, we make no guarantee in relation to such. Time will not be of the essence under this agreement. Unless agreed otherwise in writing, dates and times given for delivery of goods are given in good faith, are estimates only and are not to be treated as a term of this agreement. The customer is not relieved of any obligation to accept or pay for goods by reason of any delay in delivery – this is subject to any rights the customer may have under the Australian Consumer Law. Goods may be delivered by instalments at the discretion of IHC. Where delivery of your order will be delayed, we will advise you in relation to the delay.
Shipping and Cold Chain Freight Charges
Free shipping is offered on orders with a value exceeding IHC’s “Handling Free Threshold” to Sydney metropolitan area (excluding bulky/heavy items where freight will be charged at cost). Orders less than the Handling Free Threshold will attract a freight and handling charge. The Handling Free Threshold and freight and handling charge may be varied from time to time by IHC on notice to the customer (which may be by way of notification via IHC’s website). IHC’s customer service staff can advise the customer of the applicable threshold and charges on request. All orders outside the Sydney metropolitan area will be subject to freight and handling charges which will be invoiced with the goods. Customer requests for urgent orders regardless of location may be subject to additional freight and handling costs.
The customer shall pay the cost of any freight and handling costs associated with the delivery of bulky/heavy items, equipment or furniture. Bulky/heavy items include items that are either multiple cartons or require palletised deliveries.
Cold chain products may attract additional freight and handling charges, whether or not the Handling Free Threshold has been met.
Price and Taxes
Unless stated otherwise, our product pricing is displayed as including GST on our website.
However, we reserve the right to display the product pricing for some products as excluding GST on our website. Excluding GST (ex GST) pricing display is standard across the medical supplies industry. IHC’s primary market is business to business sales. As per the ACCC regulations, businesses who sell primarily to other businesses are able to show pricing as ex GST. We are required to automatically charge and withhold the applicable GST for orders to be delivered to addresses within Australia. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped outside Australia to any other State or country.
Unless stated otherwise, all prices, quotes or other amounts are in Australian Dollars (AUD$).
Invoicing and Payment
The customer must pay to IHC the purchase price and all applicable freight and handling fee, merchant charges and taxes (“All-in Price”). The All-in Price will be invoiced to the customer on the acceptance of an order for the goods by IHC. Shipping will commence only after the full payment is verified. Goods can only be delivered to its destination when the All-in Price has been paid in full.
Where orders are changed after acceptance, additional fees and charges of up to 100% of the All-in Price may be payable. Orders may be cancelled up until the date of delivery, however at its sole discretion, IHC may apply a cancellation fee amounting up to the full All-in Price (especially in the case of custom orders and COVID-19 related products).
All invoices must be paid in full without any set-off, counterclaim or cross demand. Payment is only received by IHC when the payment is made in cash, or when the proceeds of other methods of payment are cleared and credited to IHC’s bank account. Payment by debit or credit card will be accepted provided arrangement has been made to do so prior to purchase and the customer agrees to pay the merchant fees applicable.
Returns
This clause does not apply to goods purchased by customers who are consumers within the meaning of the Australian Consumer Law and where the return is made because the goods do not comply with the consumer guarantees under the Australian Consumer Law.
Where a customer wishes to return the goods, they must request a Returned Goods Authorisation (“RGA”) and may not return the goods before receiving the RGA number from IHC. When requesting a RGA, the original invoice number is required to be quoted. All returned goods must be properly packed, clearly labelled with the RGA number, and returned via IHC’s nominated means. All returns must be completed within 30 days. Orders returned without a RGA number may not be identified or recognised and will be refused and returned to sender and we will not be responsible for any charges (for any reason) such as freight and no refund will be issued.
To the maximum extent permitted by law, returns will not be accepted if:
(a) the goods were delivered more than 7 days prior to the request for return;
(b) the goods are returned incomplete, or have been used;
(c) the goods are received by IHC in a damaged or unsaleable condition, or are not in their original unopened packaging;
(d) the goods were not stored and/or shipped back to IHC in accordance with the manufacturer’s or IHC’s recommendations;
(e) the goods are not normal stock items and have been procured by IHC to meet a specific customer requirement;
(f) the goods are not returned to IHC’s nominated warehouse;
(g) the goods have expired;
(h) the goods are cold chain category products;
(i) the goods are related to COVID-19; or
(j) the goods are no longer required because of the customer’s change of mind.
If it is determined that the customer was not entitled to return the goods, IHC may charge a re-stocking fee together with any other charges (including freight and handling) incurred by in connection with such return.
If any freight and handling fee was charged at the time of the purchase of the goods, the customer will not be entitled to a refund or credit of that freight and handling fee.
COVID-19 has created large market demand for certain products. To avoid excess product supply, orders for COVID-19 related products will be non-cancellation and non-returnable. We are also allocating to allow our customers who do routinely order these products so they will still have access and availability wherever possible to meet their ongoing needs.
Overseas Orders
If you place a purchase order outside Australia (including New Zealand), be aware that IHC does not convert the All-in Price into other currencies. You can use a currency converter to get an estimate on what an order will cost you in your preferred currency; however this should be used as a guide only.
We will bill your PayPal account, debit or credit card in Australian Dollars and PayPal or your debit or credit card will convert the charges for you. So the actual price charged to overseas customers will be subject to the exchange rate applied by PayPal or your credit or debit card company and this will be reflected on your debit or credit card statement or PayPal.
Customers outside Australia may be liable for any customs and import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country. We have no control over these charges and cannot provide an estimate of what they may be. Therefore, we suggest that you check the requirements in your country before placing an order. We will not be liable for any custom or import duties.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
Prohibited Use
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of these Terms and Conditions through your use of our site. When a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate including but not limited to taking all or any of the following actions: (a) immediate, temporary or permanent withdrawal of your right to use our site; (b) immediate, temporary or permanent removal of any posting or material uploaded by you to our site; (c) issue of a warning to you; (d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (e) further legal action against you; and (f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
You can terminate your use of this website and/or our services at any time by ceasing to use this website and/or our services.
Disclaimer
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the extent permitted at law and subject to the provisions of the Australian Consumer Law, in no case shall IHC, our directors, officers, employees, related bodies corporate, affiliates or shareholders, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any product or any content posted, transmitted, or otherwise made available via the service, even if foreseeable or advised of their possibility (except in circumstances of negligence, or wilful default or fraud by us).
In no event shall IHC’s total liability to you for all damages exceed the amount you have actually paid to IHC for the products and/or services. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH IHC IS TO DISCONTINUE YOUR USE OF THIS WEBSITE.
You agree that the use of information obtained or downloaded from or through this website is at your sole discretion and risk. Some jurisdictions do not allow the exclusion of implied warranties in which case the above will not apply in such jurisdictions. Any medical information on this website is not intended as a substitute for informed medical advice and we cannot answer any emails relating to personal healthcare issues. Information on the products mentioned on this website may vary by country. Patients and healthcare professionals should check with local medical resources and regulatory authorities for information appropriate to their country. YOU MUST CONSULT A SUITABLY QUALIFIED HEALTHCARE PROFESSIONAL ON ANY SPECIFIC PROBLEM OR MATTER WHICH IS COVERED BY ANY INFORMATION ON THIS WEBSITE BEFORE TAKING ANY ACTION.
Force Majeure
IHC will not be liable for any delay or failure by IHC to perform its obligations under these Terms and Conditions caused by any event or circumstance beyond IHC’s reasonable control (including fire, accident, earthquake, flood, drought, crime, war, blockade, civil commotion, epidemic, pandemic or outbreaks, lockdowns, medical or other health emergency, strike, lockout or labour dispute, shortage of fuel, power or raw material, inability to procure stock or transport, or acts or omissions by regulatory authorities), and IHC will be released from those obligations if any such event or circumstance occurs.
Privacy
The customer consents to IHC collecting its personal information (as that term is defined in the Privacy Act 1988 (Cth) in order to provide the customer with goods or services requested. Without this information, IHC cannot provide goods and services under these Terms and Conditions. IHC may contact the customer with marketing material about IHC and IHC’s related businesses that may interest the customer. IHC may disclose the customer’s personal information to its related companies and to third parties who provide IHC with (or help IHC provide) products and services and to health care information services providers who may use it. IHC may provide information to its information technology providers in locations outside the customer’s state or territory and to locations overseas such as New Zealand, the European Union, the US. India, Singapore and Japan. IHC’s Privacy Policy states how the customer can seek to access or correct any personal information IHC holds about the customer, how to complain about a privacy breach by IHC and how IHC will deal with a privacy complaint.
Intellectual Property Rights
The intellectual property rights in this website, and in the material published on it including without limitation, in all documents, files, text, images, audio files, video files, flash tutorials, graphics, devices and code contained in it and in this website’s general “look and feel”, is owned by IHC or our external partners. These works are protected by copyright laws and treaties around the world. All such rights are reserved. Reproduction of part or all of the contents of this website in any form, including framing, creating any derivative work based on this website and or its content, incorporation into other websites, electronic retrieval systems or publications is prohibited. You may not use any diagrams, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. No links to this website may be included in any other website without our prior written permission. We cannot guarantee that you have any right to use third party owned content which is available on this website and you must obtain permission from the third party owner before using or downloading such content. Content which is copyright protected may not be changed nor may any author attribution notice or copyright notice appearing on such content be altered without first obtaining the appropriate consents. Nothing on this website should be construed as granting any right or licence.
Right to use information supplied by user
In the event that you submit any material for inclusion on this website (including without limitation, personal information, know-how, comments, ideas, questions, techniques, abstracts or similar), you agree (i) that such material will not be deemed to be confidential (ii) that such material will not be deemed to be proprietary and (iii) to grant to us an irrevocable, worldwide, perpetual, royalty-free, non-exclusive licence to use, disclose, copy, modify, adapt, publicly display and translate all or any of such material for any purpose whatsoever without restriction. We reserve the right, in our absolute discretion, to remove or delete, without notice, any material you submit for inclusion on this website. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. In accordance with good computing practice, you are advised to virus check all materials and/or content accessed and/or downloaded from this website using commercially available, up to date virus checking software.
Linking to this Website
You may not link to our home page without first obtaining our prior written consent. Following such consent any such link must be presented in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page following written consent from us referred to above. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Terms and Conditions.
Third party websites and content
This website may contain third party owned content (e.g. articles, image libraries, data feeds or abstracts) and may also include hypertext links to third party owned websites. We provide such third party content and links as a courtesy to our users. Links are provided for your information only. We have no control over any third party owned websites or content referred to, accessed by or available on this website and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party websites or content or for the availability of such websites. In particular, we do not accept any liability arising out of any allegation that any third party owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third party website or content.
No Waiver and Severability
Any failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found to be contrary to law (for example by being illegal, void or unenforceable) that provision shall be read down to the extent necessary to become valid and enforceable or, if this is not possible, shall be deemed to be severed from these Terms and Conditions, without affecting the remaining provisions of these Terms and Conditions.
Governing Law and Jurisdiction
These Terms and Conditions are governed by, interpreted and construed in accordance with the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.