Terms and conditions
Please read the following Terms and Conditions carefully before placing a Web Order. The Terms and Conditions contain important information about the ordering, processing, fulfillment, and delivery of Products.
1.1 The terms and conditions under which the Products are offered for sale on the Website are set out below.
1.2 These terms and conditions apply to all Web Orders of Products in accordance with these terms and conditions. These terms and conditions are effective from the time that a Web Order is submitted on the Website.
1.3 The Seller does not accept Web Orders requesting delivery of Products to geographical places located outside of Australia.
1.4 By submitting a Web Order, the Purchaser accepts and agrees to be bound by these terms and conditions.
1.5 The Seller reserves the right to change the terms and conditions at any time without prior notice to the Purchaser. Changes to the terms and conditions will have no effect on Web Orders that were submitted before changes to the terms and conditions on this Website.
1.6.1 ‘Seller’ means Visual In-Sight International Pty Ltd (A.C.N. 161 368 654), its agents and representatives.
1.6.2 ‘AU’ means Australia.
1.6.3 ‘Web Order’ means an order made by a Purchaser through the Website.
1.6.4 ‘Website’ means lumoral.com.au and all related pages.
1.6.5 ‘Product’ means the Seller’s product or products and other Third-Party products sold through the Website from time to time and any part thereof whether joined or separable.
1.6.6 ‘Purchase’ means a Web Order that has been accepted by the Seller.
1.6.7 ‘Purchaser’ means a person who effects a Purchase or their agent.
1.6.8. ‘Order Form’ means the Order Form located on the Website.
1.6.9. ‘Order Confirmation’ means the order confirmation forwarded to the Purchaser when the Seller accepts the Web Order.
1.6.10 ‘Person’ means a natural person, a corporate body, an un-incorporate, a trust, a partnership, an individual, an entity, a personal representative or similar and vice versa. Where any party includes more than one person each person is liable jointly and severally in respect of that party’s obligations.
1.6.11 ‘AUD’ means the Australian Dollar.
1.6.12 Any reference in these terms and conditions to the singular shall also be a reference to the plural and vice versa.
1.6.13 A reference to ‘contract’ means the terms and conditions contained on this web page and vice versa.
1.6.14 ‘GST’ means Goods and Services Tax.
1.6.15 If any clause of the Contract is invalid, unlawful, void or unenforceable for any reason, then the clause must be read down to the extent it is reasonable in the circumstances so as to enable the clause to validly operate. If any clause cannot be read down or is otherwise, on a reasonable reading, inapplicable to the Contract, then such clause shall be severed from the Contract without affecting the remainder of the Contract.
1.6.16 Headings are for convenience of reference only and shall not affect the construction or interpretation of the terms of this lease. No rule resolving any doubt as to interpretation against the party preparing this lease shall apply.
2 Placing a Web Order
2.1 To place a Web Order a person must:
- be 18 years of age or over;
- be accessible by telephone; and
iii. have a valid e-mail address.
2.2 Web Orders must be made by submitting an order form on the Website. The Seller will not accept orders placed in any other way.
2.3 When a Web Order is made the Seller will give the Purchaser a Web Order Number. A Web Order Number does not constitute acceptance of an Order, a contract or agreement. The Web Order Number is issued for reference purposes only.
2.4 A Web Order constitutes an offer made by the Purchaser to the Seller to purchase a Product.
2.5 The Seller may accept or reject a Web Order at their absolute discretion.
2.6 If the Seller accepts a Web Order the Seller will send an Order Confirmation to the Purchaser by e-mail. The Order Confirmation will be effective on the date that the Order Confirmation is sent to the Purchaser.
2.7 Web Orders that are accepted by the Seller are binding on the Purchaser and cannot be cancelled. Web Orders cannot be cancelled after they are submitted on the Website.
2.8 If the Seller rejects a Web Order the Seller will attempt to contact the individual or entity that made the Web Order by e-mail, telephone or post.
2.9 The Seller may reduce the number of Products sold and delivered to the Purchaser at their absolute discretion. The Seller will advise the Purchaser that the number of Products sold and delivered to the Purchaser will be reduced and in what quantity by placing this information in the Order Confirmation.
2.10 Invalid Web Orders will not be accepted by the Seller.
2.11 The Seller may cancel any Web Order at any time at their absolute discretion.
2.12 The Seller may cancel any Order Confirmation at any time at their sole discretion, particularly for commercial quantities of Products.
2.13 If the Purchaser has paid for any Products including taxes, shipping, handling or delivery charges and the Seller subsequently cancels the Web Order or Order Confirmation the Seller may instead of placing the Web Order or Order Confirmation on hold reimburse the monies paid by the Purchaser.
2.14 By placing a Web Order the Purchaser agrees to pay for the total price of the Products in the quantity described in the Web Order and all applicable GST, delivery charges and shipping and handling costs.
2.15 The Purchaser warrants that all information contained in the Web Order is correct, true, complete and accurate at the date the Web Order is made.
2.16 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), the Seller will not be liable to the Purchaser, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
i the Purchaser’s Web Order information being incomplete or inaccurate; or
- any unauthorised use of the Purchaser’s information.
2.17 Each Web Order constitutes a separate valid and binding agreement between the Seller and Purchaser in accordance with these terms and conditions.
2.18 The Seller will not accept Web Orders made on behalf of third-parties or in any event anyone other than the person Purchasing the Product.
2.19 Separate shipping and handling, delivery, GST and other applicable charges will apply for each Web Order.
2.20 The Purchaser warrants that all Products ordered in a Web Order or Purchased are intended for personal, domestic, non-commercial use only.
3 Supply of Products
3.1 Subject to these terms and conditions, the Seller will supply the Products indicated on the Order Confirmation.
3.2 The colours, designs, shapes, patterns and sizes of Products may differ from the actual appearance or size of products offered on the Website. The Seller makes no warranty or guarantee that the colours, designs, shapes, patterns and sizes of the Products are as displayed on the Website and is hereby indemnified from all claims arising from or relating to any and all differences in colour, design, shape, pattern or size of Products.
3.3. The Purchaser agrees that at any time and from time to time the Seller may be out of stock of Products.
3.4 The Seller reserves the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), the Seller will not be liable to the Purchaser, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.1 All prices of Products are in AUD.
4.2. The price paid for a Product is the price displayed on the Website at the time a Web Order is made. The price displayed on the Website for a Product will continue to be the price the Purchaser pays for the Product even where changes are made to the price after the Web Order is made.
4.3 All prices are inclusive of GST but exclusive of shipping and handling costs. Shipping and handling costs will be calculated separately as applicable and will be specified on the Order Form and added to the total Purchase price. The total Purchase price stated on the Order Form shall be the total amount payable by the Purchaser for the Product, including all taxes, handling and shipping costs.
4.4 The Seller reserves the right to and may change the Price from time to time, subject to clause 4.2 above
5.1 Payment may be made by any method of payment displayed on the Website at the time that the corresponding Web Order is made.
5.2 Payment must be made in AUD.
5.3 Payments made by credit card must include the credit card details on the Web Order. The credit card will then be charged when the invoice is issued or at the time that the Products are shipped. The Seller will not commence the manufacture of ordered Products, supply any Products, or in any event perform any function including delivery of Products until the credit card issuer has authorised the use of the credit card recorded in the Web Order Form for payment of the Product ordered.
5.4 If the Seller does not receive authorisation from the credit card provider in accordance with clause 5.3 the Seller will notify the Purchaser accordingly.
5.5 The Seller reserves the right to verify the identity of the credit card holder by requesting any relevant and appropriate documentation. If the identify of the credit card holder is not sufficiently identified the Seller reserves their right to not commence the manufacture of ordered Products, supply Products, or in any event perform any function including delivery of Products.
5.6 If the Seller does not receive authorisation from the credit card provider in accordance with clause 5.5 the Seller will inform the Purchaser accordingly.
5.7 The Purchaser authorises the Seller to deduct the price and the applicable delivery charge(s) from any credit card details provided.
5.8 The Seller may not be able to, or may decline to, accept payment from the Purchaser by the nominated payment method at any time for any reason in its absolute discretion including, without limitation:
- where the Seller’s fraud detection systems detect possible irregularities;
- because the Purchaser’s financial institution has declined payment; or
iii. because the Purchaser’s payment card has expired.
Where any of 5.8 (i)-(iii) apply, the Seller reserves the right to cancel the Purchaser’s Web Order and/or place the Web Order on hold and request the Purchaser to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6 Delivery and Title
6.1 The Seller will deliver the Product to the delivery address specified in the Web Order Form in accordance with the delivery option chosen. If Products are required to be delivered to more than one address a separate Web Order for each delivery address must be submitted on the Website.
6.2 Any delivery or shipment dates given by the Seller are best estimates only and the Seller shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given.
6.3 The Seller retains the title to and risk of loss of the Products up until the Product is delivered to the address provided in the Web Order. Title to and risk of loss of the Product will pass to the Purchaser when the Product is delivered to the address provided in the Web Order.
6.4 Upon delivery of the Products to the carrier, the Seller will send the Purchaser a confirmation of shipment by e-mail.
6.5 The Seller may demand at any time up until title has passed to the Purchaser that the Purchaser returns the Product.
6.6. The Seller is unable to deliver to certain parts of Australia and where this is the case the Seller will contact the Purchaser to notify.
6.7 On delivery of the Product the Purchaser may be required to sign a proof of delivery document. If the Purchaser is not available to take delivery, the Seller will, at its absolute discretion, either:
- take the Product to the Seller’s delivery service provider’s local depots;
- take the Product to one of the Seller’s nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or
iii. re-deliver the Product to the delivery address at a later date.
7 Exchanges, Returns and Refunds
7.1.1 Products may be returned to the Seller and the Purchaser may obtain a full refund of the price of the returned product (except gift wrapping costs and any such other charges) provided that:
- The Purchaser clearly notifies the Seller of cancellation of the contract within thirty (30) calendar days of the date of receipt of the Product; and
- The Product is returned in original condition with the security seals on the Product intact; and
iii. The Product is returned in accordance with paragraph 7.2 below.
7.1.2 If a Product is sold as part of a Product Combination (bundle) in which any Product contained therein is offered for free or at a discount, any Product included in the Product Combination must be returned to the Seller at the Seller’s request. The Seller reserves the right to raise an invoice in respect of any free or discounted products included in the Product Combination not returned including Products in the Product Combination that were not included at a discount or for free.
7.1.3 If the Purchaser believes a Product was supplied in error, is incomplete or faulty and that they are entitled to a replacement or repair in accordance with paragraph 8 below, please to e-mail email@example.com.
7.1.4 If the Purchaser is entitled to a replacement or repair in accordance with paragraph 8 below, the shipping and handling charges referred to in paragraph 4 will not be applied.
7.2 Steps to Follow to Claim a Refund:
7.2.1 To obtain a refund the purchaser must send e-mail to firstname.lastname@example.org and request that the Product be returned. The Seller will then provide instructions to the Purchaser to effect return of the Product.
7.2.2 The Seller will subsequently arrange for the Product(s) to be collected by its nominated carrier. The Purchaser will be required to either contact the carrier or, in the case of larger items, liaise with the carrier to arrange a collection time.
7.2.3 Before returning any Product the Purchaser warrants that they have:
- Received instructions from the Seller (issued on request);
- Safely enclosed all accessories, manuals, in box warranties and other material supplied unless informed otherwise;
iii. If possible, used all packaging that was originally supplied;
- Clearly displayed the return address and the Web Order Number; and
- Sealed the packaging effectively, safely and securely.
7.2.4 Failure to follow any step or procedure in clause 7 may result in the returned Product being rejected by the Seller upon receipt and the Purchaser accepts that in doing so they forfeit their right to a refund.
7.2.5 The Seller reserves the right to reject any Product not returned in accordance with the provisions set out in this contract and particularly within clauses 7.1. and 7.2.
7.3 Time is of the essence in this clause 7.
8.1. The Seller’s branded Product Warranty
8.1.1 The Seller warrants that the Products are as stated in the user manual supplied with the Product and as stated upon the Website. If the product supplied by the Seller does not comply with the applicable warranty, the Seller shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the product or refund the purchase price upon return of the Product.
8.1.2 Except as expressly set out in these terms and conditions, to the fullest extent permitted by law the Seller hereby disclaims any and all warranties whether express or implied. The limited warranty set out above will not affect or prejudice the Purchaser’s statutory rights under the Australian Consumer Law, if applicable.
9 Seller’s Liability
9.1 These terms and conditions set out the full extent of the Seller’s obligations and liabilities in respect of the supply of the Product (and performance of telephone support and warranty services).
9.2 Save as set out at paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on the Seller regarding the supply of Products except as expressly stated in the Contract.
9.3 Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services that might otherwise be implied into or incorporated in the contract by statute, common law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) are hereby expressly excluded to the maximum extent permitted by law. The Seller is not responsible for ensuring that the Products are suitable for the Purchaser’s purposes.
9.4 Nothing in the Contract shall limit or exclude the Seller’s liability:
i for death or personal injury caused by the Seller’s negligence; or
ii for fraud; or
iii any breach of the obligations implied by applicable compulsory national laws as to title; or
iv that cannot be excluded by any Australian law in particular the Australian Consumer Law.
9.5 SUBJECT TO CLAUSE 9.4 THE SELLER IS NOT LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. THE SELLER’S MAXIMUM AGGREGATE LIABILITY UNDER THE CONTRACT WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE WILL NOT EXCEED THE AMOUNT PAYABLE OR PAID BY THE PURCHASER TO THE SELLER IN RESPECT OF THE PRODUCT.
9.6 Clause 9 does not affect the Purchaser’s statutory rights as a consumer, nor the right to return the Products as per clause 7.
10 Data Protection
10.1 Transaction records are accessible to the Purchaser if the Purchaser is a registered customer by entering their Web Order Number into the Website. Purchasers may check the status and content of their Web Order at any time.
10.3 If the Purchaser:
- wishes to have access to information the Seller holds concerning the Purchaser; or
- wants to make any changes to information about the Purchaser the Seller holds; or
iii. does not want to receive information from the Seller;
11 Circumstances Beyond the Seller’s Reasonable Control
11.1 The Seller will make every effort to perform the Seller’s obligations under the Contract within a reasonable time.
11.2 The Seller is not responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond the Seller’s reasonable control, including but not limited to act of God, earthquake, power failure, flood, storm, tempest, hurricane, third party fraud, theft, natural disaster, terrorism, strike, war or fire.
11.3 In the event of a delay, the Seller will perform its obligations as soon as reasonably possible.
12 Disagreements, Governing Law and Jurisdiction
12.1 The Seller will try to resolve any disagreements quickly and efficiently.
12.2 The Contract is governed by the laws of South Australia and if applicable the laws of the Commonwealth of Australia.
12.3. The parties agree to submit to the Jurisdiction of the Courts of South Australia and any South Australian or Commonwealth court proceedings must be issued out of the relevant Adelaide Registry.
13.1 Neither parties’ failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
13.2 The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.
14 Special Terms for Medical Devices
14.1 These special terms apply to all Products that are medical devices.
14.2 Persons including the Purchaser should seek advice from a qualified medical professional, qualified doctor, healthcare professional or healthcare provider before using any Product that may affect their health or changing any treatments for conditions. The Purchaser is solely responsible for the decision to purchase and use the Product.
14.3 The Purchaser should only use the Product in connection with the condition for which it is designed to treat. The Purchaser warrants that they always follow the instructions or manual for use of the Product that came with the Product. The Purchaser warrants that they will not attempt to dis-assemble, modify, adapt or destroy the Product. The Purchaser agrees that if the Purchaser commits any actions in this clause 14.3 they indemnify the Seller against any and all losses arising directly or indirectly from such action.
14.4 The Purchaser uses the Product at your own risk.
14.5 The Seller does not guarantee that use of the Product will achieve any particular result or effect. If you notice any negative effects following use of the Product, you should consult with a qualified doctor or healthcare professional immediately.
15 Terms for 100% customer satisfaction campaign
15.1 The Purchaser can return used Lumoral products and the Seller will refund the Purchase Price if the Purchaser notifies the Seller within thirty (30) calendar days from Receipt of the Product of the cancellation of the Purchase as stated in clause 7, notwithstanding that the requirement that the Product be in original condition or that the security seals on the Product are intact (7.1.1 ii).
15.2 Clause 15.1 will only apply if:
- The Product to be returned was Purchased from the Website with a valid Order Number; and
- The Purchaser has contacted the Seller via e-mail to the e-mail address at email@example.com and
iii. The Purchaser has completed the customer satisfaction survey found on the Website; and
- The Purchaser has received return instructions from the Seller and complied with the return instructions.
16 Purchaser’s Liability
16.1 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Web Orders may not be available, Web Orders might not be received, Web Orders may be lost or misdirected, or Web Orders might be delayed.
16.2 The Purchaser will take precautions to ensure that the process employed for accessing the Website does not expose the Purchaser or the Seller to risk of viruses, malicious computer code or other forms of interference which may damage computer systems and contains appropriate protection to prevent damage to computer systems caused by viruses, malicious computer code or other forms of interference.
16.3 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), the Seller will not be liable to the Purchaser, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 16.2 or arising out of or in connection with the Purchaser accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.