This Standard Terms and Conditions Agreement ('Agreement') contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from sleeplifeaustralia.com.au, or any of its subsidiaries. By accepting delivery of the product purchased from cpap.com.au and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and cpap.com.au. These terms and conditions are subject to change without prior written notice at any time, at sleeplifeaustralia.com.au sole discretion.
1.
Definitions. a. "We", "us" and/or "our" means sleeplifeaustralia.com.au. b. "You" or "your" means the individual or entity named on the invoice.
2.
Payment Terms; Orders; Interest. Advertised prices are in Australian Dollars and, unless otherwise noted, are for upfront purchasing by way of payment options on checkout. Finance options such as Certegy and ZipMoney options my not be available with these prices due to the high cost of offering a payment plan service. Prices on this website may also exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are at sleeplifeaustralia.com.au’s sole discretion, and unless otherwise agreed to in writing by sleeplifeaustralia.com.au, payment must be received by sleeplifeaustralia.com.au before sleeplifeaustralia.com.au acceptance of an order. Invoice amounts are due and payable within the period noted on this invoice, measured from the date of the invoice. sleeplifeaustralia.com.au may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
3.
Taxes. Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
4.
Shipping and Title. sleeplifeaustralia.com.au will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when sleeplifeaustralia.com.au delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. If shipping to a business or company address please include business/company name and attention goods to your personal name. Title to software remains with the licencor of the software. Your use of software is subject to license agreements applicable to the software. You must notify sleeplifeaustralia.com.au of missing or damaged items in your order within five (5) days after you receive your product.
*If your shipping address Is an apartment number or unit number it may be beneficial to have your item shipped to an address where the Australia Post delivery person can knock on your door and hand you the item directly. Workplaces are often the best alternate shipping address for your item as someone is likely to be able to receive the parcel in person.
*If you have no alternate address and you aren't home when the package is being delivered you may receive a card in your mailbox letting you know to collect your parcel at your nearest Post Office. Should you not receive a card and your item is taking an extended amount of time to reach you it may require you to call your local Post Office and check to see if it is awaiting your collection. *You must show sufficient photo ID to collect your parcel from the Post Office.
5.
Return Policy. Any CPAP machine and/or mask return must follow the guidelines set by the manufacturer's policies. We are not obligated to provide a refund if you change your mind about the purchase of cpap products. We will meet our obligation under the relevant State Legislation to provide a remedy if the goods are defective. Non faulty / unopened product returns can only be accepted within 7 days of the original invoice date only and must be accompanied with the original receipt. A refund will only be issued for the amount of the items on the sale and will not include shipping costs, accessories or merchant fees charged to Sleep Life Australia on Humm, Afterpay or Zip sales. All items will be subject to a 25% restocking fee. Cancellation and Return Policy is not applicable to business to business transactions and multi-purchase orders (3 or more). Please email Sleep Life Australia at reception@sleeplifeaustralia.com.au and provide the invoice number, item description, and serial number(s) of the merchandise you wish to return. Returned merchandise must be placed in original packaging, and include product manuals and other accessories. All sales on masks, cushions, tubes and accessories are final if packaging has been opened. No refunds are available on any accessory items. sleeplifeaustralia.com.au may, at its sole discretion issue refunds for accessory items, however any refund is subject to sleeplifeaustralia.com.au 's standard return policy whereby a 25% restocking fee is applicable and the item must be returned within 7 days. All Returns must be delivered to our head office 14/1397 Wanneroo Road, Wanneroo WA 6065. If a rental set-up fee payment was deducted off the original price of the goods, this portion will come off the refund before it is applied. (Rental set-up fee cost deductions are intended as an incentive to purchase your goods at the end of your trial. If the product is returned, the out of pocket rental charge is reinstated). There is a no-return or exchange policy for any item that is offered for free and without charge as part of a Sleep Life Australia promotion or exclusive deal. This includes any Money Back Guarantee offered by the manufacturer.
5a.
Money Back Guarantee offers: If there is a 14 day or 30 day money back guarantee offer advertised, it relates solely to that product. A refund for those goods only will be issued or you may also choose to use the credit against other items in store. The refund/credit does not include postage or shipping costs, including the postage fees to return the product to Sleep Life Australia. If the item was bought with a third party finance company such as Certegy, ZipMoney or AfterPay etc, a 10% merchant fee will be deducted from the refund as this cost is incurred by Sleep Life Australia. If a rental set-up fee payment was deducted off the original price of the goods, this portion will come off the refund before it is applied. (Rental set-up fee l cost deductions are intended as an incentive to purchase your goods at the end of your trial. If the product is returned, the out of pocket rental charge is reinstated). Money Back Guarantees do not apply to any item that was offered for free, without charge or as a bonus as part of a promotion or exclusive deal.
6.
Warranties for Domestic Customers; Disclaimer of Warranties. There are no warranties for software or service. sleeplifeaustralia.com.au makes no warranties, express or implied, except those stated in this section and in sleeplifeaustralia.com.au’s applicable warranty statement in effect on the date of the invoice. The warranty for any product purchased is provided by the manufacturer and must meet conditions in the manufacturers policies. Any such warranties will be effective during the relevant period and sleeplifeaustralia.com.au will be obligated to honour any such warranties only upon sleeplifeaustralia.com.au’s receipt of payment in full for the item to be warranted. In most cases, CPAP Masks and accessories have a 3 month warranty and CPAP Machines have a 2 or 5 year warranty depending on the model and manufacturer. The standard warranty period begins from the receipt of purchased goods by initial consignee.
6a.
Items that are returned for repair under warranty take approximately 7-21 business days to be repaired and returned to you. The 7-21 business day period commences from the physical receipt of goods at the premises of sleeplifeaustralia.com.au by a sleeplifeaustralia.com.au representative. This does not include any collection notices or attempted deliveries by a courier(s), Australia Post representative or other person(s). The 7-21 business day period quoted is a guide only and should be treated as such. Thus from time to time, repairs under warranty may extend past the 7-21 business day period. sleeplifeaustralia.com.au accepts no liability or consequences for repairs under warranty that extend past the 7-21 business day period.
7.
Warranties for International Customers; Disclaimer of Warranties. The standard warranty stated above in Section 6 applies to sleeplifeaustralia.com.au -branded products shipped to a country outside of Australia/New Zealand, provided that customers outside Australia/New Zealand are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to sleeplifeaustralia.com.au. All international customers are responsible for all customs duties, GST and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE IN SECTION 6 ALSO APPLIES TO INTERNATIONAL CUSTOMERS.
8.
Software purchases. All software is provided subject to the license agreement that is part of the package you receive from sleeplifeaustralia.com.au. You agree to be bound by the license agreement once the package is opened or its seal is broken. cpap.com.au does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
9.
Exchanges. From time to time, sleeplifeaustralia.com.au may, at its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with sleeplifeaustralia.com.au’s exchange policies in effect on the date of the exchange.
10.
Products. sleeplifeaustralia.com.au continually upgrades and revises its products and service offerings. sleeplifeaustralia.com.au may revise and discontinue products at any time without prior notice to customers. sleeplifeaustralia.com.au will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building cpap.com.au products are selected from new and equivalent-to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted sleeplifeaustralia.com.au SKU numbers for sleeplifeaustralia.com.au -branded hardware products are of the quality specified by sleeplifeaustralia.com.au on its website and conform in all material respects with the sleeplifeaustralia.com.au product specification current on the date such products were shipped.
11.
All information provided on sleeplifeaustralia.com.au is not intended to be a substitute for medical advice, diagnosis or treatment. Users are directed to seek the advice of a physician or other qualified health care provider regarding medical issues. The equipment supplied by sleeplifeaustralia.com.au is to treat Obstructive Sleep Apnea (OSA) by delivering Continuous Positive Air Pressure (CPAP) at a rate prescribed by a physician to stabilise the airway and prevent obstructions. sleeplifeaustralia.com.au recommends that all products purchased are prescribed under the care and management of a physician or other qualified health care provider. Not all products will be right for you. Read the instructions for use before purchase. Always follow directions for use. Seek advice from your healthcare professional as to whether the product/s is suitable for your condition. sleeplifeaustralia.com.au takes no responsibility for any injury or damage resulting from neglect or not following manufacturer precautions and instructions for use. If symptoms persist, worsen, or change unexpectedly talk to your physician or other qualified health care provider.
12.
Software and Peripherals. Any warranty and technical support provided on third-party products offered by sleeplifeaustralia.com.au, such as computer monitors, speakers and other peripheral devices, as well as software, are provided by the original manufacturer and not by sleeplifeaustralia.com.au. The warranties and technical support offered by such manufacturers may vary from product to product. sleeplifeaustralia.com.au -branded software and peripheral devices carry the same warranty terms as those described in Section 6.
13.
Limitation of Liability. SLEEPLIFEAUSTRALIA.COM.AU DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. SLEEPLIFEAUSTRALIA.COM.AU WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, SLEEPLIFEAUSTRALIA IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
14.
Not for Resale. You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale. sleeplifeaustralia.com.au has separate terms and conditions governing resales and transactions outside the Australia/New Zealand.
15.
Cancelled orders: If you cancel your order you may be charged a 25% cancellation fee for processing of your cancellation all refunds can take up to 4 weeks to be issued.
16.
Miscellaneous Provisions. You will not register or use any Internet domain name that contains an sleeplifeaustralia.com.au trademark or trade name (i.e., sleeplifeaustralia.com.au) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired. This Agreement and any sales thereunder shall be governed by the laws of Australia/New Zealand, without regard to conflicts of laws principles.
17.
Remote monitoring and data. All connected devices that include internal 2G, 3G or 4G modems are sold with our free remote monitoring service. (While the technology is supported by telecommunication companies). This complimentary service allows the patient to connect to the manufacturers mobile phone application if needed. The service also allows Sleep Life Australia clinicians to remotely monitor therapy and if required, generate therapy reports for patients and doctors without the need to the patient to come in to store. It is implied if you purchase a CPAP device from Sleep Life Australia or bring a device SD or USB card to us that you authorise Sleep Life Australia clinicians to access this therapy data for you. The patient must advise in writing to Sleep Life Australia if they do not wish to have their data accessible by our clinicians. Monitoring of therapy data and report generating is a complimentary service and Sleep Life Australia reserves the right to discontinue providing this service at any stage. Sleep Life Australia complies with all privacy laws and respects the privacy of all of our patients. We will not sell or disclose any personal data to third party marketing companies.
18.
Price Match Promise terms & conditions. The competitor must be advertising the same goods cheaper than our online pricing - we will then match that price subject to these conditions: The competitor must be a registered Australian CPAP provider with a valid ABN and in the same state as the purchaser. Price Match Promise applies to CPAP machine, mask and accessory purchases. Price match can only be applied for before the initial purchase of goods and will not be given retrospectively. The competitor must be accredited with a direct Australian supply account by the manufacturer of the goods being price matched. The competitor must have their price published in a formal quote or on their website and must be valid at the time of price matching. The competitor must have the item(s) in stock and be able legally able to supply to your area. Price Match Promise must be claimed on the identical combination of goods if in a package or bundle & this offer is not applicable to trade in deals. Guarantee does not apply to EBAY, Gumtree, Amazon or any other market based website. Beware of the scam Aussie CPAP site. Price Match Promise does not apply with any other discount offered by Sleep Life Australia including, but not limited to, the deduction of Trial Initiation fees from total cost of purchase.. CPAP Direct reserves the right to refuse sale at it’s discretion.
19.
Renting / Hiring CPAP equipment. Sleep Life Australia clinics will deduct the trial set-up fee off the displayed monthly specials of CPAP machine packages in clinic. Not inclusive of remote monitoring or service fees. This deduction is not redeemable for cash and the rental equipment must be returned complete with all accessories, bag tube and mask (if applicable). The equipment must be in good condition. If a rental set-up fee payment was deducted off the original price of the goods when being purchased and the goods were then returned for a refund, this rental set-up fee portion will come off the refund before it is applied. Rental set-up fee cost deductions are intended as an incentive to purchase your goods at the end of your trial. If the product is returned, the out of pocket rental set-up fee charge is reinstated. Rental cost deductions are not applicable with any other discount offered by CPAP Direct including the Price Match Promise.
20.
Privacy & Marketing. By providing your email address and/or making a purchase through us, you are opting in to receive email communications from Sleep Life Australia. You may unsubscribe from these communications at any time by following the instructions provided at the bottom of the email or contacting us at reception@sleeplifeaustralia.com.au. Sleep Life Australia respects your privacy and will not share or sell your information to any third parties. For more information, see our Privacy Policy.
PRIVACY STATEMENT
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SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): We may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
By providing your email address and/or making a purchase through us, we imply that you consent to our collecting and using it to receive email communications from CPAP Direct.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you at anytime, by unsubscribing from these communications by following the instructions provided at the bottom of the email or contacting us at support@cpap.com.au.
SECTION 3 – DISCLOSURE
Sleep Life Australia respects your privacy and will not share or sell your information. We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 5 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
COOKIES
We will use a combination of the various types of cookies from time to time. Our use of cookies will depend on what part of our websites and online services you use and what functions you request of those sites and services.
For example, in order to measure the effectiveness of marketing campaigns (for example, banner advertising), there may be occasions where we allow third parties to collect analytical data from our site using their cookies.
Further, we may provide website visitor usage information to third party advertising servers (such as DoubleClick™ and Facebook) in order to target our online advertising on other sites. Again we do not allow the capture or transmission of any site usage information that can personally identify you.
Please note that these cookies do not capture information that leads to your personal identity being revealed.
SECTION 6 – CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us reception or by mail at Sleep Life Australia PO Box 642 Wembley WA 6913