FREE SHIPPING ON AUSTRALIAN ORDERS OVER $30 AND FOR INTERNATIONAL ORDERS OVER $100

Terms of service

Last updated: 7 December 2022

These Terms and Conditions set out the terms which govern the ordering and purchase of products from Coral Healthcare Pty Ltd (ABN 75 140 734 783) (‘Coral Healthcare’, ‘we’, ‘us’, ‘our’) via our websites at www.coralhealthcare.com.au and www.momentscondoms.com.au (each a ‘Website‘). 

Access and use of the Websites is also governed by these Terms and Conditions.

These Terms and Conditions also apply to orders that we accept via e-mail.  Please see clause 11 of these Terms and Conditions.

If a person (individual) submits an order for products on behalf of a company or other entity (customer) via a Website, email or any other means (such as if an employee submits an order on behalf of their employer):

  • if we accept the order, a binding contract is formed between the customer and Coral Healthcare subject to these Terms and Conditions; and
  • the individual submitting the order warrants that they have legal authority to bind the customer to these Terms and Conditions and to the particular order the individual submitted,

and references to “you” in these Terms and Conditions shall be construed as a reference to both the customer and the individual unless the context indicates otherwise.

Quick Guide:

  • Purchasing Moments Condoms and other Coral Healthcare products via our websites is simple.
  • Our delivery is prompt and your package will arrive in a satchel bag or a carton depending on the quantity ordered.
  • We use courier companies to deliver our products.  We will use the appropriate shipping method based on the recommendation of our shipping partners.
  • In most cases you will be able to track your shipment.  Where we use a shipping method with tracking, we will send you the tracking number by e-mail once your order has shipped.

Our Customer Care contact details:

  • If you need to contact us, you can reach us via phone or email
  • Phone: 1800 823 523.
  • Email: info@coralhealthcare.com.au. If your query relates to an order, please include your order number in the email subject line.

1. Acceptance of Terms and Conditions

  1. By purchasing any products via our Websites, or accessing or using our Websites, you agree to these Terms and Conditions which constitute a legally binding agreement between you and Coral Healthcare.
  2. If you do not agree with these Terms and Conditions (including any amendments to these terms) you must immediately cease using our Websites. Any amendments to these Terms and Conditions will not apply to any orders made prior to the time the Terms and Conditions were amended.  Any amendments to these Terms and Conditions in respect of any existing accepted orders must be in writing and signed by the parties.
  3. If you purchase products via our Websites, you warrant that you have legal capacity to enter into this agreement.

2. Pricing and product details

  1. Prices and specifications for products on our Websites are subject to change from time to time.
  2. We use our best efforts to ensure pricing and specifications are correct, however, sometimes products may be priced incorrectly.
  3. If we incorrectly price a product and you make an order, we may contact you to let you know that the order was made at the incorrect price and we will give you the opportunity to cancel your order with a full refund (or you can elect to purchase the products at the correct price).
  4. If you wish to order a sold out product, or if you are unable to purchase the quantity you would like to, please contact Customer Care.
  5. Unless otherwise expressly stated, all prices quoted on our Websites are in Australian dollars and exclusive of insurance, delivery charges, GST and any other sales, value added or similar tax which may apply.  
  6. We may also charge a surcharge depending on how you elect to pay for your order (such as credit card), and this surcharge (including how it is calculated) will be notified to you at the time of selecting your payment method.

3. Orders

  1. When you make an order, you are offering to enter into an agreement to purchase the relevant products set out in your order.
  2. You must pay for the products in full, including any applicable delivery / insurance costs and applicable sales and value added taxes, at the time of making the order.
  3. Coral Healthcare may cancel an order prior to dispatch of the products, provided that we provide you with a full refund. We will notify you if we cancel any order.
  4. You will receive an order confirmation email shortly following your order. We will endeavour to dispatch your order within 1 business day from receipt of your order.

4. Delivery

  1. Once we confirm your order, we will select an appropriate shipping method/partner to ensure the product is delivered safely and promptly.
  2. The applicable shipping / delivery fees are payable at the time of your order.
  3. Subject to clause 6(a), the products will be considered to have been delivered in good condition and accepted by you unless you notify us within a reasonable time after delivery of any issues with the delivered products.
  4. You must provide us with a valid delivery address. You will be responsible for any additional re-delivery fees if you specify an incorrect delivery address.
  5. We utilise a third party to deliver products. Accordingly, the delivery times for products will be impacted by shipping and other factors outside of Coral Healthcare’s control.
  6. Risk in the products transfers to you once we dispatch the goods to the courier company. Title to the products passes to you once payment for the products (and applicable shipping fees, payment surcharges and taxes) has been paid in full.  Once our products have been dispatched, you are responsible for liaising with the respective courier company in relation to date and time of delivery (where we use a shipping method that has tracking, you can track your order using the tracking number we send you by e-mail once your order has shipped). We are not responsible for damage to products in transit, and recommend you seek insurance if you are concerned by the risk of damage during transit.  You will need to organise this separately as we do not offer shipping insurance.
  7. Our products are sold and shipped within Australia, and we also ship internationally to New Zealand, India and the USA. Different shipping rates may apply for shipping to these international destinations.  Contact us for international shipping queries.

5. Returns and refunds

  1. If you receive the wrong product, or believe you are entitled to a remedy under the Australian Consumer Law, please contact us with details of the issue and proof of purchase and we will provide you with details of how the products can be returned.
  2. For valid claims under the Australian Consumer Law, and exchanges if you receive the wrong products, the postage costs to return the products to us will be paid by Coral Healthcare.
  3. Except where your claim is covered by a guarantee under the Australian Consumer Law, returned products should be returned in the original unopened packaging and not be tampered with.
  4. We do not offer refunds or exchanges if you change your mind.
  5. For public health and safety reasons, given the nature of our products, please do not return any used products.

6. Australian Consumer Law and our liability

  1. Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or under any other law that cannot be excluded, restricted or modified by agreement of the parties (Non-Excludable Rights).
  2. Subject to clause 6(a) and to the maximum extent permitted by law, we exclude any term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this agreement by legislation, common law, equity, trade, custom or usage.
  3. Subject to clause 6(a), we exclude any liability to you for consequential loss you may suffer or incur if we breach these Terms and Conditions or which may arise from our negligence (where consequential loss includes indirect loss, loss of profit, loss of revenue, loss of data, losses arising from claims by third parties, loss of reputation and loss of opportunity). This limitation / exclusion does not apply to limit our liability to you in respect of the Non-Excludable Rights.
  4. Subject to clause 6(a), our maximum aggregate liability to you if we breach these Terms and Conditions or for our negligence is limited to the total amount you have paid to us in the three (3) months prior to the date of your last order. This limitation does not apply to limit our liability to you in respect of the Non-Excludable Rights.

7. Website Terms

  1. The copyright and all other intellectual property rights in all materials (including photos) included in the Websites are either owned by us, or licensed to us, and all rights in those materials are reserved. You must not modify, copy, adapt, publish, reproduce or distribute those materials unless you have first obtained our prior written consent.
  2. You must not do anything which will or may damage, disrupt access to or interfere with the proper operation of the Websites, or upload or permit any virus or malicious code to adversely affect the Websites or any associated equipment or data.
  3. The Websites may contain links to other websites and may display content or information (including advertisements) from other websites within frames on the Websites. We are not responsible or liable for that content and do not warrant the accuracy, completeness, currency or suitability of that content for any purpose.
  4. Without limiting any rights and remedies you may have under the Australian Consumer Law:
    1. The Websites are provided “as is” and you may access them at your own risk. To the maximum extent permitted by law, we exclude all warranties, representations and implied terms about the currency, accuracy, suitability, functionality or reliability of the Websites or any of their content.
    2. Without limitation, we do not warrant that the Websites or any of their functions will be uninterrupted or error free or that they will be or free of viruses or malicious code.

8. Communications and marketing

  1. By placing an order, you agree that we may contact you via the contact details you provide to us (including via commercial electronic messaging) and consent to us collecting, using and disclosing your personal information in accordance with our Privacy Policy.
  2. With your consent or where permitted by law, we may also contact you from time to time with marketing information regarding our products. If you wish to unsubscribe from receiving such marketing materials, please contact Customer Care.

9. GST and taxes

  1. In this clause:
    1. GST” means any goods and services tax and any replacement or similar tax; and
    2. GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth),

and any words or expressions used in this clause that are defined in the GST Act have the same meaning given to them in the GST Act.

  1. Unless otherwise stated, any amount specified as the consideration payable for any taxable supply does not include any GST payable in respect of that supply.
  2. If a party makes a taxable supply under these Terms and Conditions (Supplier), then the recipient of the taxable supply (Recipient) must also pay, in addition to the consideration for that supply, the amount of GST payable in respect of the taxable supply at the time the consideration for the taxable supply is payable.
  3. If an adjustment event arises in relation to a taxable supply made by a Supplier under these Terms and Conditions, the amount paid or payable by the Recipient pursuant to sub-clause c will be amended to reflect this and a payment will be made by the Recipient to the Supplier or vice versa as the case may be.

10. General terms

  1. These Terms and Conditions will be governed and construed in accordance with the law in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement.
  2. A party is not responsible for any delay or failure to perform an obligation under these Terms and Conditions to the extent that it prevented from or delayed in complying with that obligation by an event beyond the reasonable control of the affected party. Without limiting the generality of the foregoing, we are not liable for any delay or failure to perform an obligation under these Terms and Conditions where we (or our sub-contractors or suppliers) are prevented or hindered from manufacturing, delivering or supplying products as a result of any strikes, lockouts or other labour difficulty, inability to obtain any necessary materials, products, equipment, facilities or services from usual suppliers on usual terms, power or water shortage, accidents or breakdowns of plant, machinery, software, hardware or communication network.  In such circumstances, we may suspend performance of any obligations under these Terms and Conditions while the event continues and if such event continues for more than 14 days, we may (without liability) terminate any affected order immediately on written notice to you.
  3. These Terms and Conditions:
    1. supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the products including, but not limited to, those relating to the performance of the products or the results that ought to be expected from the products; and
    2. override any terms and conditions contained on any customer purchaser orders or similar conditions of purchase (if any) that you may issue to us.
  4. If a provision in these Terms and Conditions is wholly or partly void, illegal or unenforceable in any relevant jurisdiction that provision or part must, to that extent, be treated as deleted from this agreement for the purposes of that jurisdiction.  This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Terms and Conditions.
  5. A waiver of any right arising under these Terms and Conditions must be in writing and signed by the party granting the waiver.

11. Business customers (e-mail trading terms)

This clause 11 applies to you if you have entered into trading terms with Coral Healthcare that allows you to place orders by e-mail.

  1. When you submit an order to us by e-mail:
    1. you agree to these Terms and Conditions, which constitute a legally binding agreement between you and Coral Healthcare;
    2. you are offering to enter into an agreement to purchase the relevant products set out in your order subject to these Terms and Conditions; and 
    3. we may accept this offer by sending you an order confirmation e-mail and/or by shipping you the products you have ordered.
  2. The prices and specifications for the products in our trading terms with you will apply to your order, even if those prices and specifications are different from the prices and specifications published on our Websites.
  3. The purchase price for the products (and any applicable delivery / insurance costs and applicable sales and value added taxes) are payable in accordance with the trading terms that you have entered into with us.
  4. Payments must be made by electronic bank transfer to the account nominated by us from time to time. 
  5. This clause 11 takes precedence over clauses 1-10 to the extent of any inconsistency.