SELECT 3D FACESHIELD PRODUCT TERMS AND CONDITIONS
(we, us or our)
|Name:||Select 3D Pty Ltd (ACN 603 417 312)|
|Address:||24 Blackwood Drive, Wheelers Hill 3150, Victoria, Australia|
|Phone:||+61 3 8513 0320|
|The customer (you, your)||The purchaser of the Product under these terms and conditions|
|Permitted Use||As a personal protective face shield for personal domestic use within the limitations set out below. Healthcare workers should contact us separately to discuss other available options|
|Product||A personal protective face shield kit as described on our website|
|Product features||3D printed frame, designer replacement oval face shields, dishwasher safe on gentle cycle, 14 day frame replacement warranty|
|our website||Select 3D’s website at www.select3d.com.au|
1. Terms of sale
All sales of the Product are on the terms and conditions set out in this agreement. You accept these terms and conditions by proceeding with the purchase of the Product on our website and/or clicking the “I agree” option to these terms when purchasing the Product, or accepting delivery of any Products from us. Each order for Product which is accepted by us shall constitute a legally binding contract between you and us.
2. Permitted Use and limitations of Product
The Product is designed as a personal protective face shield and accordingly:
(a) should only be used for the Permitted Use and not be used if the sealed packaging has opened or the Product has been damaged during transit;
(b) needs to be worn with the clear shield covering your face in the correct position at all times by you in situations where you may have contact with others who are infectious;
(c) is ancillary to other PPE you may need to wear and hygiene processes you must employ in order to prevent the transmission of disease and is not on its own guaranteed to protect you from infection from diseases, including airborne diseases such as COVID-19;
(d) even when wearing the Product you should continue to practice social distancing and follow your local health authority’s advice; and
(e) the Product must be washed thoroughly in hot soapy water and sanitised or washed in the dishwasher after each use, and care must be taken to avoid touching the face shield during wearing to minimise the risk of spreading germs.
You are responsible for ensuring that the Product is suitable for wearing or using in the jurisdiction in which you live before placing an order to purchase the Product from us.
3. Ordering, payment and delivery
(a) Each order for Product may be made by completing the online order form and submitting your details and providing payment for the Product in accordance with the instructions on our website.
(b) All Product supplied by us shall be in accordance with the specifications or descriptions expressly listed in our product specifications set out on our website. No other terms, specifications, descriptive material, written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into any order of Product.
(c) No changes may be made to an Order after it has been accepted by us, unless we agree in writing.
(d) Our website will set out the current status for availability of Product and anticipated delivery times. We use third party delivery agents to ship our Products to you and we will not be responsible for any delays caused by such third party shipping and courier companies. In circumstances where a specific order and delivery date are required this must be subject to a separate agreement with us. All Product ordered and paid for online through our website will be on the standard estimated shipping and delivery times referred to on our website.
(e) Any delivery time or date we give you is an estimate only. You must still accept delivery of the Products even if it is delayed and we will not be liable for any loss or damage incurred by you as a result of delays in manufacture or delivery of the Products.
(f) Following your submission of an order and receipt of payment by us, we will provide you with confirmation of your order, our invoice and confirmation of your payment and an estimate of the delivery time for the Products to you.
(g) We reserve the right to change the quoted price (Price) of our Product if a variation to our Product specifications is requested.
(h) Payment must be made in Australian Dollars in cleared funds by electronic funds transfer to the bank account nominated by us in writing, credit card – Visa or MasterCard, or by any other method as agreed between us. You will be responsible for any foreign exchange or other bank charges you incur in paying via credit card.
(i) Unless otherwise stated the Price does not include GST. In addition to the Price you must, where required by law, pay to us an amount equal to any GST you must pay for any supply by us under this or any other agreement for the sale of the Products. You must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the Price. In addition you must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
(j) You must take delivery of the Products, by receipt or collection, whenever the Products are tendered for delivery. Unless we have agreed separately with you entry into this agreement constitutes your approval and authority to leave your order of Product at your nominated delivery address.
(k) In the event that you are unable to take delivery as arranged then we shall be entitled to charge all reasonable fees for redelivery and/or storage.
4. Risk and title
(a) Title and risk of damage to or loss of the Products passes to you on delivery of the Products to your nominated delivery address.
(b) If any of the Products are damaged or destroyed following delivery to you or your nominated delivery address we will not be responsible for such loss or damage.
(c) We will not be held responsible for any damage to the Products or delays to deliveries caused by any third party. Where you request us to repair such damage then you must provide photographic evidence of the damage as soon as you become aware of such damage and we reserve the right to charge you for any costs incurred in rectifying such damage.
5. Supply and Force Majeure
(a) Each Order you place for Products is an offer by you to purchase the Products from us for the Price. We will use our best endeavours to supply the Products you order within any timeframes we notify to you, however, you acknowledge that from time to time we may not be able to supply all of the Products you order because of circumstances beyond our control, including due to delays in shipping, sourcing raw materials, acts of god, terrorism, natural disasters, climate related events, wars, pandemics or accidents (Force Majeure Events).
(b) Where a Force Majeure Event occurs the party suffering the impact of such an event must notify the other as soon as is reasonably practicable and their estimate of the expected impact and whether it will delay shipping and/or delivery timelines. The parties must use their respective best endeavours to assist each other mitigate the impact of the Force Majeure Event on deliveries under this agreement.
6. Defects, warranties and returns
(a) You must inspect the Products on delivery and must notify us in writing of any evident/aesthetic defect/damage, shortage in quantity, or failure to comply with the description as soon as practicable and in any event within 14 days of delivery or collection of the Products by you or your nominated carrier and email us photographic evidence of the damage.
(b) It is important to note that such inspection must be conducted before opening the clear plastic packaging as we are unable to accept the return of any product that has been removed from or is not in its original hygienically sealed packaging.
(c) You must notify any other alleged defect in the Products as soon as reasonably possible after any such defect becomes evident. Upon such notification you must allow us or our nominated agent to inspect the Products.
(d) We provide a replacement for damaged Products where the Product was delivered to you in a damaged or defective state and you report that dame or defect to us within 14 days of delivery and provide us with photographic evidence of the damage or defect. The benefits under these warranty and return conditions are in addition to other rights and remedies you may have under law in relation to the Product.
(a) Under the Australian Consumer Law, consumers in Australia have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services.
(b) Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure (in which case you would be entitled to either a replacement or a refund).
(a) We may cancel any Order to which this agreement apply or cancel delivery of Products at any time before the Products are delivered by giving written notice to you. On giving such notice we shall repay to you any money paid by you for the Products. We shall not be liable for any loss or damage whatsoever arising from such cancellation.
(b) You agree that personal information provided may be used and retained by us for the following purposes:
(1) the provision of Products; and/or
(2) the marketing of Products by us, our agents or distributors; and/or
(3) processing of any payments from you.
(a) This agreement shall be governed by the laws of Victoria, Australia and are subject to the jurisdiction of the Courts in that state.
(b) Subject to clause 6, we shall be under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of the use of the Product or a breach by us of this agreement (alternatively our liability shall be limited to damages which under no circumstances shall exceed the Price).