Terms and Conditions of Sale
These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from Smart Brain Health Centre.
Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
Which terms and conditions apply?
All Products You Order on the Website are offered and supplied by Smart Brain Health Centre. Products are referred to herein as “Smart Brain Health Centre”.
If you do not understand these Terms and Conditions or if you have any questions, including which Products are supplied by Smart Brain Health Centre, then please email our team at firstname.lastname@example.org, and we will be happy to help you.
Terms and conditions for Smart Brain Health Centre Products
These Terms and Conditions constitute a contract between the customer (You) and Smart Brain Health Centre.
1.1 In these Terms and Conditions “We”, “Our” or “Us” means Smart Brain Health Centre; and “You” or “Your” means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.3 The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place Orders with Smart Brain Health Centre. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
3. Website Use
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
3.2 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4.1 All prices displayed on the Website are subject to change at any time without notice.
4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
5. Product Specifications
5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice.
5.2 All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
6.1 You may place an Order by following the instructions on the Website.
6.2 Orders will be deemed to have been received by Smart Brain Health Centre at the time Smart Brain Health Centre sends an Order confirmation to Your nominated e-mail address.
6.3 Smart Brain Health Centre is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4 Smart Brain Health Centre may cancel Your Order at any time prior to dispatch of the Products.
6.5 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6 Smart Brain Health Centre does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7 Smart Brain Health Centre shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Smart Brain Health Centre, and Smart Brain Health Centre shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
7.1 You may provide your nominated credit card during the purchase process described on the Website.
7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
8. Delivery and ownership of the goods
8.1 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Smart Brain Health Centre and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order.
8.2 Smart Brain Health Centre will deliver Products to PO Box addresses.
8.3 The couriers or postal services nominated by Smart Brain Health Centre will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.4 Smart Brain Health Centre is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Smart Brain Health Centre (as notified to the Customer) in relation to date and time of delivery. Smart Brain Health Centre shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
9. Refunds and returns
9.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
9.2 All refunds may take up to 10 business days to be processed.
9.3 Incorrect, or faulty goods must be returned within 14 days of purchase. If a mistake has been made with the customers order this will be rectified by Smart Brain Health Centre as quickly as possible. All claims of goods being faulty will be looked into by Smart Brain Health Centre and if found to be faulty the item will be replaced or repaired before being returned to customer. In the event of goods being found to be faulty all postage costs will be covered by Smart Brain Health Centre. If the item is not found to be damaged or faulty it will be returned to the customer and the customer will be liable for all postage costs.
9.4 In order to facilitate a return under these Terms and Conditions, e-mail email@example.com.
9.5 The Customer must comply with directions from staff to facilitate a return.
9.6 Returned Products, under the 14 Day Money Back Guarantee, must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for a remedy in respect of Returned Products under the Australian Consumer Law, including by reason of section 259(7) of the Act.
9.7 It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost or damaged in transit.
Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
11. Intellectual Property
11.1 All Intellectual Property in any Material on the Website is the property of Smart Brain Health Centre. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
13.1 Smart Brain Health Centre reserves the right to make changes to the Smart Brain Health Centre Website and these Terms and Conditions without notice.
13.2 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
13.3 A failure or delay by Smart Brain Health Centre to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Smart Brain Health Centre does not preclude its future ability to exercise that or any other power or right.
13.4 Insofar as they apply to the ordering, purchase, fulfilment and delivery of Smart Brain Health Centre Products from www.louisehallinan.com.au, these Smart Brain Health Centre Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
13.5 No Smart Brain Health Centre employee or agent has the authority to vary any of the Terms and Conditions governing any sale.