- You must inspect the goods immediately upon their arrival.
- We accept returns of unwanted goods on your first Order only, provided that:
- you give written notice and return the unwanted goods to us within 14 days of receipt of the goods; and
- the unwanted goods are received by us in their original condition and packaging including tags, and the goods are unused, undamaged, unworn, unwashed and not in an unsuitable condition; and
- the unwanted goods are not exempt from being returned as advised on our Website,
- You must contact us to arrange a return or exchange.
- We inspect all goods on return.
- Please allow for up to 10 business days for us to receive your return.
- We are not responsible for any costs associated with the return of unwanted goods, including postage or delivery costs. We recommend that you obtain proof of postage regarding the return of any unwanted goods and insurance coverage for the unwanted goods. We are not liable if your unwanted goods are not returned to us or have been misplaced by the carrier that you choose.
- If you return an unwanted good in accordance with this clause and request a refund, then we will process your refund through your original payment method.
- If you return an unwanted good and it does not meet the requirements of this clause, then we are under no obligation to provide you with a refund, and we may have to send any unwanted goods that we received back to you, and you will be liable for any delivery costs for this.
- Refunds will be processed within 10 business days of receiving the returned goods.
- If you fail to give the notice required under this clause , the goods must be deemed to be in all respects in accordance with the specified requirements. No claim will be recognised unless in accordance with this clause.
- Once accepted, we take reasonable steps to process refunds promptly.
- If the goods are subject to consumer guarantees imposed under the Australian Consumer Law and where consumer guarantees apply, we refer to clause Use & Warranties.
- You must act honestly and efficiently in your dealings with us regarding any refunds. If we notice a pattern of the return of unwanted goods by you, we reserve the right to restrict your access to our Website or reject any Orders made by you.
- We take great pride in the items we make and sell. To the best of our ability, our goods are of the highest quality. If there is a fault with our goods, we will review and, if a fault is found, replace the goods for you. We will cover the shipping costs of any item found to be faulty.
Use & Warranties
- You agree to:
- use the ordered Goods in accordance with any specific manufacturers’ guidelines and manuals or as otherwise instructed by us;
- comply with any conditions of use, instructions and manuals for any goods required by the manufacturer or supplier of the ordered goods;
- accept liability for any negligent or unlawful use of the goods and claims arising from such use;
- refrain from marking, painting, drilling into or otherwise defacing any part of the ordered goods; and
- refrain from making alterations or attempting to fix the ordered goods.
- You agree and warrant that:
- you are not incapacitated and legally able to enter into this agreement;
- you have been allowed a reasonable time to consider whether the ordered goods are appropriate for you, your health and wellbeing and the home environment;
- you will undertake sufficient training on the correct use of the goods and accessories where necessary;
- the ordered goods are not designed or intended for use (and must not be relied upon) in environments requiring medical or fail-safe performance, such as part of life support or in emergencies;
- the ordered goods are not a substitute or replacement for professional medical or health advice, diagnosis, treatment or recommendations; and
- you will immediately cease using the ordered goods in the event of any discomfort, irritation, allergic reaction or development of other skin condition or reaction.
- you will not hold us liable or responsible for:
- your inaccurate or mistaken use of the ordered goods; and
- the expiration or lapsing of the ordered goods manufacturer warranty period (if any).
Australian Consumer Law & Limitations on our Liability
- Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to have the goods repaired or replaced if they fail to be of acceptable quality. However, our liability for failure to comply with a consumer guarantee is limited to:
- in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
- in the case of services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.
- Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
- In all other respects, our total liability for loss or damage of every kind, whether:
- arising pursuant to the terms of service; or
- arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to a total aggregate amount equivalent to the sum paid by you to us for the goods.
- Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms and Conditions, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these Terms and Conditions.
- We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or preventive measures, including forces of nature, natural disasters, acts of terrorism, failure of any telecommunications or computer system, riots, lock-out, revolution, civil commotion, epidemic, accident, industrial action, and action or inaction by a government agency, or by any damage caused by any of such events.
- We have no liability to the extent that the goods’ failure is attributable to any act or omission on your part, including, without limitation, any act or omission of misuse or use not as per the manufacturer’s instructions.
- To the maximum extent permitted by law, all express or implied guarantees, warranties, representations, or other terms and conditions or which could otherwise be implied into these Terms and Conditions are excluded, including the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites and the merchantability or fitness for any particular purpose for any service or good contained or referred to on the Website or any linked sites.
- To the maximum extent permitted by law, we will not be held liable for, and no measure of damages will, under any circumstance, include special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue, goodwill, anticipated savings or loss, or data corruption, whether in contract, tort, negligence, in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
- To the maximum extent permitted by law, you agree to identify us and keep us indemnified, from and against all claims, demands, actions, damages, costs, losses (including indirect and consequential losses) and expenses of any nature whatsoever and to abandon forever and discharge any present or future claim, right or remedy against us.
- Suppose the ordered goods fail to operate or function or where it is otherwise faulty. In that case, you must notify us immediately. The faulty ordered goods should then be returned to us at your cost, with specific details of the complaint alongside proof of purchase and ownership.
Contact us at billionsbymalik@gmail.com for questions related to refunds and returns.