Terms & Conditions
TERMS AND CONDITIONS : SRCHEALTH.COM
About Us: We are SRC Health Pty Ltd. (ABN 164 545 484) and we are the owner of this website (Website). We are a company with our registered office in Melbourne, VIC 3207 (and we refer to ourselves as "SRC Health", "we" or "us" or "our" in this document).
You are reading a legal document, which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us.
Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
We reserve the right to amend these terms and conditions at any time and it is your responsibility to review these terms and conditions on each occasion you purchase a product from the Website.. All amendments to these terms and conditions will be posted on-line.
SRC HEALTH brings together lots of products for mums, dads and children into one web site giving you a single place to purchase essential items for pregnancy, birth and beyond for all members of your family.
When you purchase products on SRC HEALTH the resulting legal contract is between you and SRC HEALTH. The contract is comprised of these Customer Terms, the email confirmation invoice of your order and the applicable details on the product page and you agree to be bound by all such provisions.
1. SALE AND PURCHASE OF PRODUCTS
The Website is an online venue to allow you to buy products directly from SRC Health.
To the extent permitted by law SRC Health disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
By purchasing goods you agree to be bound by the conditions of sale included in the item's description, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement or unlawful.
If you have any issues or problems with any product purchased from the Website, we advise you to contact us directly. Details will be on your invoice, or on our website. You can also follow our returns policy which allows you to notify SRC HEALTH of your return or faulty item.
Each Order you place will be a separate and binding agreement between you and SRC HEALTH with respect to the supply of products, in accordance with these Terms and Conditions
You may place an Order through the Website by submitting the electronic Order form on the Website.
An Order is an offer by you to purchase products for the Price (plus any Delivery Fee and GST) as specified at the time you submit your Order.
You acknowledge that all Orders are with respect to products intended for personal and domestic use only and non-commercial use and quantity restrictions may apply.
In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order.
SRC Health will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver products to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
SRC Health reserves the right to accept or reject your Order for any reason at any time.
You acknowledge and agree that from time to time, some products on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, SRC Health will use reasonable endeavours to either source the products, or contact you within five (5) Business Days to either arrange a full or partial refund, or change your Order to replace the product with a comparable product in a similar price range (where available) as agreed with you, or come to an alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the Price paid for the products. We will use reasonable endeavours to process the refund within ten (10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. SRC Health is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
We reserve the right to withdraw or suspend any product displayed on the Website from sale either temporarily or permanently at any time without notice to you. SRC Health will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular product.
Where a product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the products has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that product within ten (10 Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. SRC Health is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
Where your Order is affected by an error on the Website (for example, in relation to a description of products, an image, price or otherwise), we will reject the part of the Order that is the subject of the error. If applicable, SRC Health will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy.
You acknowledge and agree that
- all pictures and images of products displayed on the Website are for illustration purposes only, and the sizes and dimensions of products may differ;
- you have read any corresponding written description of the products prior to submitting your Order;
- the colour of products as shown on the Website may vary slightly;
- where we provide dimensions and measurements in the descriptions of a product (where applicable or available), it is your responsibility to ensure that the size of each item is suitable for your purpose prior to submitting your Order; and
- any accessory featured with the products is for illustration purposes only, and may be sold separately.
The Price in respect of a product is specified on the Website. Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.
SRC Health reserves the right to change or alter Prices of products on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error)
In respect of any Order, we will charge you and you agree to pay (a) the Price (which is the Price at the time the Order is submitted); and (b) where applicable, the Delivery Fee.
You can pay for your products by any of the methods specified on the electronic Order form on the Website, which are Visa Card, Mastercard credit or debit card and with Paypal.
2. PAYMENT METHODS
Purchases for goods and/or services may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time
You acknowledge and agree that any payment in respect of an Order must be cleared by SRC Health before products are despatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
In paying or attempting to pay for the products, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
You will receive a tax Invoice by email once payment in respect of your Order has been processed.
SRC Health Sellers use Delivery Agents to deliver your products. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your products.
SRC Health aim to achieve the delivery time frame of 2 -15 Business Days (except for goods that might be personalised and or bespoke, in which case the estimated delivery times will be as specified. From time to time, we may not be able to achieve the projected delivery timeframes due to using 3rd party delivery agents. SRC Health is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
Upon delivery, you must inspect your products and check that the products delivered match your Order. If there is obvious damage to the products due to transit, you must contact us within 24hrs or contact the seller within 24 hours and within the time frames specified in our returns policy.
Risk and title in the products passes to you on the date and time of delivery of the products to the Delivery Agent.
You agree for us to contact you, using the personal information provided on your Order, to notify you of a product recall either by telephone (including mobile phone), email or postal mail.
All 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 for compensation for any other reasonably foreseeable loss or damage from SRC Health. Please visit our Returns & Exchanges policy for further information.
4. RULES ABOUT USE OF THE WEBSITE
We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to us (see ‘contact us’ details).
We do not warrant that your use of the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Website will be transmitted accurately, reliably, in a timely manner or at all.
We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
While we will try to allow uninterrupted access to the Website, access to the Website may be suspended, restricted or terminated at any time.
We reserve the right to change, modify, substitute, suspend or remove without notice any information or product on the Website from time to time. Your access to the Website may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Product from the Website at any time.
We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
Complaints About Content
If you wish to bring to our attention any unlawful activity associated with any Content posted by another User or otherwise available on the Web Site, you must do so in accordance with our "Notice and Procedure for Making Complaints Regarding Content" as described below and we will address it in accordance with the procedures set forth there.
Compliance With Laws
You agree to comply with all laws applicable to your use of the Web Site. You also agree that you will not use the Web Site in any way to:
(1) impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content that you submit or transmit through the Web Site;
(2) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges;
(3) interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;
(4) electronically stalk or otherwise harass another User;
(5) engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other Users without their permission, except as permitted by applicable law; or
(6) use the Web Site in violation of any applicable laws or regulations, or any rules or guidelines established by
Web Site Intended Audience
This Web Site is directed to adults in Australia and is not intended for children under the age of 13
Notice and Procedure for Making Complaints Regarding Content
If you believe that any specific Content available on the Web Site either infringes your rights (including without limitation any intellectual property rights), or is otherwise unlawful, and you would like to file a complaint with us, please contact us at firstname.lastname@example.org.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of Victoria without giving effect to any principles of conflicts of law. Any legal action or proceeding between SRC Health and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Victoria, and you agree to submit to the personal and exclusive jurisdiction of such courts.
5. LINKS TO AND FROM OTHER WEBSITES
Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
The SRC Health.com.au or SRC Health.com websites may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.