Pacific Sleep Services On-line Store
Terms and Conditions
These Terms and Conditions outlined apply to any order, purchase, receipt, delivery or use of any products, site, page or communication to or from Pacific Sleep Services. By placing an order and accepting delivery of the Goods purchased from Pacific Sleep Services and described on your invoice, you expressly agree to be bound by and accept the following terms and conditions. These terms and conditions are subject to change without prior written notice at any time, and at Pacific Sleep Services’ sole discretion.
a. “We”, “us” and/or “our” means Pacific Sleep Services, its directors, officers or employees.
b. “You” or “your” means the individual or entity named on the invoice.
- “Site” means the web site hosted at pacificsleep.com.au
- “Goods” or “Equipment” means any product, equipment which can be purchased from the online store at pacificsleep.com.au
- “Consumables” means any item with a limited lifecycle. Consumables may include filters and cleaning materials.
- “Metro” area means the metropolitan areas around Australian Capital Cities.
We provide a limited intellectual property indemnity on our equipment against an allegation that the equipment infringes the intellectual property rights of a third party in Australia on the condition that you co-operate with any proceedings or settlement negotiations which may result. Details of the intellectual property indemnity are available from us on your request.
Payment and Delivery
Payment Terms & Orders:
Advertised prices are in Australian Dollars and, unless otherwise noted, exclude delivery costs which will be calculated as part of the checkout process. Payment for both Goods and shipping costs must be received by Pacific Sleep Services before we will accept and process an order.
Only orders for delivery within Australia are accepted.
Orders will usually be shipped within 3 days of your order being placed and receipt of your order can normally be expected within 4-7 days in Metro areas. Delivery to rural areas may take significantly longer.
While we shall endeavour to meet the delivery date indicated however we shall not be responsible for any loss or damage suffered as a result of the failure to meet any delivery date.
We are not responsible for goods delivered incorrectly by delivery partners.
All prices and offers are quoted in Australian Dollars and are subject to change and availability.
You expressly acknowledge that we have not provided you with any medical advice and have made no representations in relation to the suitability of the Equipment or the Consumables for your medical condition; you further confirm that you have obtained and will continue to obtain and comply with medical advice from a qualified medical practitioner.
Instructions and Safety
You acknowledge that we have provided you with and that you have read and fully understand instructions in respect of the operation and maintenance of the Equipment. You expressly acknowledge and agree that Equipment must only be used for its intended purpose(s) and in accordance with the supplied instructions. You further agree that should you will immediately advise us of any defect in the Equipment. Instructions provided will be related to the goods purchased, and you agree that it is your responsibility to read and understand the instructions.
Should you deem an item to be in need of repair under warranty, you must first contact us and we will first ascertain the nature of any issue, and how repair, if necessary is to be affected. Should any Equipment under warranty be agreed as in need of repair, we will provide full instruction on the procedure in which it is to be returned to Pacific Sleep Services. You will be responsible for the adequate packaging of any Equipment for return, and will also need to arrange Shipping. Upon receipt of the Equipment, we will provide you with an acknowledgement of receipt and provide further estimates as to the likely timeframe of repair.
We are unable to accept return of Goods or Equipment which has been incorrectly ordered or which is no longer required, however we may in certain circumstances agree to the return of goods in this category.
If Pacific Sleep Services’agrees to the return of goods, a charge of $50.00 or 10% of the value of the goods being returned (whichever is the greater) will be deducted from the credit to cover the initial shipping cost and administration overheads.
All goods being returned must be in as new condition and in original packaging.
To apply for a Goods Return Procedure and to obtain an RA (Return Authority), please contact Pacific Sleep Services on firstname.lastname@example.org.
Pacific Sleep Services continually upgrades and revises its products offerings. Pacific Sleep Services may revise and discontinue products at any time without prior notice to customers. Product images used on this web site are for representative purposes only, and there may be minor deviations in colours or non-functional designs of equipment. At our sole discretion, we may ship products that have the equivalent functionality and performance of the products ordered. Spare parts may be new or reconditioned. You agree that is is your responsibility to ensure that equipment and goods are set, fitted and correct to your requirements. You agree that Pacific Sleep Services are not responsible for equipment that does not function in any way other than intended. You agree that it is your responsibility to select goods and products, and that Pacific Sleep Services does not need to refund you for incorrectly purchased products, goods or equipment incorrectly purchased by yourself.
Pacific Sleep Services does not accept liability for the unavailability of Goods or Equipment. Further you express acknowledge and agree that Pacific Sleep Services will not be held liable for direct, indirect or consequential damages, including but not limited to loss of revenue, profit, goodwill, be this indirectly or directly caused by the supply of, incorrect installation, use or maintenance of Goods or Equipment supplied. You further agree and acknowledge that Pacific Sleep Services will not be held responsible for loss of data or information caused by the Supply of, or use of Goods, Equipment.
Further, you agree that Pacific Sleep Services will not be held liable for products lost or damaged during Shipping.
Liability & Indemnity
In no circumstances shall We or any other party who has created, edited, produced, distributed or who maintains the Content for this Site be liable for any direct, indirect or consequential damages, including for, but not limited to loss of data, loss of revenue or profit or loss of goodwill (even if we have been so advised as to the actuality or possibility of such losses) resultant from, but not limited to, Your use of or inability to use the Site, unauthorised access to, modification of, or misuse or theft of your account data (which you must hold and keep confidential and for your own personal use at all times), or unauthorised misuse or theft of data sent to, from or via this website, or wilful or negligent acts of Pacific Sleep Services, its officers, affiliates, employees or representatives.
Third party links
You explicitly agree and acknowledge that Pacific Sleep Services, is not responsible or liable for any claim for loss of data, information, profit, revenue, or good will caused by the reliance of any information, content or transaction performed on any third-party Site, or for the accuracy, completeness or content reached or contained on such third-party sites.
Your use of this Site
You expressly warrant and agree that any personal information that you have supplied for the purposes of creating an Account or for entering into a transaction for us to supply Goods or Equipment is accurate and truthful, and furthermore you undertake to update and keep valid at all times all Account data. You agree that it is your responsibility to correctly enter your information for shipping and contact. You agree that Pacific Sleep Services is not responsible where information is entered incorrectly by yourself.
Questions or concerns?
Ask away – one of our friendly team members will get back to you within 24 hours.
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