Last updated: 1st September 2017
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 Health’, ‘we’, ‘us’, ‘our’) via our www.momentscondoms.com.au (‘Website‘).
Access and use of the Website is also governed by these Terms and Conditions.
- Purchasing Moments Condoms via our Website is simple.
- Our delivery is prompt and your package will arrive in a white satchel.
- We will use the best shipping method based on the recommendation with our shipping partners.
- You will be able to track your shipment.
Our Customer Care contact details:
- If you need to contact us, you can reach us via phone or email
- Phone: 1800 823 523.
- Email: firstname.lastname@example.org. If your query relates to an order, please include your order number in the email subject line.
1 Acceptance of Terms and Conditions
- By purchasing any products via the Website, or accessing or using the Website, you agree to these Terms and Conditions which constitute a legally binding agreement between you and Coral Health.
- If you do not agree with these Terms and Conditions (including any amendments to these terms) you must immediately cease using the Website. Any amendments to these Terms and Conditions will not apply to any orders made prior to the time the Terms and Conditions were amended.
- If you purchase products via the Website, you warrant that you have legal capacity to enter into this agreement.
2 Pricing and product details
- Prices and specifications for products on our Website are subject to change from time to time.
- We use our best efforts to ensure pricing and specifications are correct, however, sometimes products may be priced incorrectly.
- 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).
- 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.
- When you make an order, you are offering to enter into an agreement to purchase the relevant products set out in your order.
- You must pay for the products in full, including any applicable delivery costs, at the time of making the order.
- Coral Health 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.
- 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.
- We will use the best shipping method/partner to ensure the product is delivered safely and promptly.
- The applicable delivery fees are payable at the time of your order.
- 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.
- 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.
- 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 Health’s control.
- Title and risk in the products transfers to you once we dispatch the goods to Australia Post. Once our products have been dispatched, you are responsible for liaising with Australia Post in relation to date and time of delivery (you can track your order if you choose registered or express post). 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. Please call or email to us if you are seeking insurance.
- Our products are sold and shipped within Australia. Contact us for international shipping queries.
5 Returns and refunds
- 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.
- 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 Health.
- 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.
- We do not offer refunds or exchanges if you change your mind.
- 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
- 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).
- 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.
- 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 does not apply to limit our liability to you in respect of the Non-Excludable Rights.
- 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
- The copyright and all other intellectual property rights in all materials (including photos) included in the Website 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.
- You must not do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website, or upload or permit any virus or malicious code to adversely affect the Website or any associated equipment or data.
- The Website may contain links to other websites and may display content or information (including advertisements) from other websites within frames on the Website. 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.
- Without limiting any rights and remedies you may have under the Australian Consumer Law:
- The Website is provided “as is” and you may access it 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 Website or any of its content.
- Without limitation, we do not warrant that the Website or any of its functions will be uninterrupted or error free or that it will be or free of viruses or malicious code.
8 Communications and marketing
- By placing an order, you agree that we may contact you via the contact details you provide to us (including via commercial electronic messaging).
- 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 General terms
- 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.
- 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 a an event beyond the reasonable control of the affected party.