Terms & Conditions of Sale
These are the Terms and Conditions of Sale for Paralogic Pty Ltd (ABN 59 100 092 939) (Paralogic
) on our website www.paralogic.com.au
, which is owned and operated by Paralogic (Website
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
While we take every care to make sure our online store is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.
You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you or any service provider acting on your behalf, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
Paying with NDIA Managed Funds
You can use NDIS funding to buy our products. This is conditional on your having an approved NDIS plan with funding allocated for continence products or, if your needs exceed the NDIS specified amounts, an approved quote.
We are a registered NDIS provider. Accordingly, if the NDIA is managing your NDIS funds, you can provide us with your NDIS reference number, which we will input into the NDIS system to search for the budget allocation available to purchase consumables. If a budget allocation has been made, we will submit a payment request to NDIS for the order amount.
Please note that the NDIS system is relatively new infrastructure and is intermittently unavailable due to technology and associated issues. Accordingly, if your order is required urgently, please contact us to discuss an acceptable solution. We will contact you if we encounter difficulties with your NDIA managed funds (for example, if no budget allocation is found).
You can read more about the NDIS on our website. The NDIS is complicated and there’s a lot to know when it comes to ensuring that people achieve the best possible outcome. We’ll do our best to assist you with NDIS funded purchases, however you acknowledge and agree that we make no guarantees or warranties in relation to the NDIS and associated funding.
Paying with Service Provider Managed Funds
If a service provider is managing your NDIS funds on your behalf, you can provide us with their billing details and we will set up a 30-day account and invoice your service provider, subject to approval. If there is an issue with extending credit to your service provider, we will contact you as soon as practicable to discuss your options.
Paying with Self-Managed or Own Funds
If you are managing your own NDIS or CAPS funds or paying for your order out-of-pocket, you can pay for your order online through our Website.
We currently accept credit and debit card (Visa and Mastercard) payments on the Website. We like to make it easy for you to shop with us online, so we may offer a variety of other ways of pay, such as electronic funds transfer into our nominated bank account, Stripe or any other method of payment, available on our Website from time to time. To enquire about alternative payment options, please contact us.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor (such as PayPal or Afterpay), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.
Paying for Goods on Credit
We may, at our absolute discretion, extend credit to business and government buyers in the form of a 30-day account. Please contact us for more information.
Paying with Vouchers
We may from time to time provide customers with vouchers for use on our Website. Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.
Vouchers are redeemable for products sold by us on our Website only and can’t be applied toward the cost of postage on any order.
Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:
- you are located outside NSW;
- we gave the voucher to you for free;
- we gave the voucher to you in exchange for goods returned us;
- we gave the voucher to you as part of a customer loyalty or employee rewards program;
- we gave the voucher to you as part of a temporary marketing promotion as a bonus to the purchase of a good or service;
- we sold the voucher to you for a particular good or service that is below the market value of the good or service (a genuine discount);
- we gave the voucher to you as part of a fundraising appeal, including to a charity or not for profit organisation; or
- the voucher is for a good or service available for a limited time and the voucher expires at the end of that period (for example, a product that is only available for a limited time),
- in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date.
Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
We may offer discounts from time to time. As we are already selling directly to the public at wholesale rates, we do not offer additional discounts for business customers.
Please note that any discounts we do offer are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).
Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).
Unless we specify otherwise in our offer, discounts are available on full priced goods only and aren’t available on purchases made using gift cards or store credit.
Discount offers are made in our absolute discretion and we reserve the right to revoke any discount offer at any time without notice.
We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.
Store credit is redeemable by you at any time. Please contact us if you have any questions about redeeming your store credit.
Postage and Delivery
We post products within Australia only.
We ship our products with Australia Post or such other delivery service provider as we deem appropriate. Occasionally, deliveries will be shipped using a courier, depending on order size, cost and the best delivery time frames available.
You agree to pay to us postage fees as calculated at checkout. Most orders are shipped using the Australia Post eParcel service and postage costs are based on Australia Post’s eParcel rates. These vary based on order size and your location. As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).
Our delivery service providers (including Australia Post and couriers) may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.
We’ll do our best to dispatch orders received before 2pm on the same day, or on the next business day (excluding Saturdays, Sundays and public holidays).
We ask for your patience as this handling period may vary, for example, if we have a high volume of orders. If you need your order by a certain time, please get in touch with us and we’ll do our very best to get it to you. In saying that, you acknowledge that we’re not be liable for any delay in dispatch of your order.
Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. Parcel delivery times can be found on the Australia Post
website. We will provide you with a tracking number for your order, which you can use to track your order progress through the tracking function on the Australia Post website.
Express Shipping and Same-Day Courier Services
Express shipping is available for orders received before 2pm on a weekday (excluding public holidays). Orders received after this time may not be shipped until the next business day.
Please note that express post orders are subject to the ability of Australia Post to deliver on time. Sadly, sometimes this doesn’t happen. We do our very best to get your express post orders to you ASAP, however we can’t guarantee that they will.
We understand that sometimes you need your products urgently. In those circumstances, please let us know (ahead of placing your order, if at all possible) and we’ll do everything we can to get it delivered ASAP (which may involve an additional cost). In particular, a same day courier service is also available for customers residing in the Sydney metropolitan area by contacting us for a quote before placing your order on 1300 727 222. If you don’t let us know about the urgency, we’ll only be responsible to ensure your order is delivered in a reasonable time and will not be liable to refund, replace or otherwise remedy the situation at our cost.
It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.
Orders Lost in Transit
If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the third party postal service, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
Events Beyond Control
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, NDIS systems unavailability, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
Risk in each order passes to you on delivery to your nominated address. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person. Refer to Australia Post’s Signature on Delivery terms and conditions for more information.
Once we have received confirmation of delivery from Australia Post, we will not be responsible for any refund or replacement in respect of that order (unless the goods fail to meet another consumer guarantee, as set out below).
If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.
Advice and Information
We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice in relation to the use of our products. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law as set out below.
Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
a) replacement of the product;
b) repair of the product;
c) payment of the cost of having the product repaired; or
d) such other fair and reasonable remedy as we are ready and willing to provide.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise in accordance with our refund policy set out below.
To make an ACL-related claim, please contact us on 1300 727 222.
Refund Policy & Procedure
We have a refund policy in addition to the rights stated in relation to the ACL above. Please note that it is supplementary and does not limit your rights under the ACL in any way.
If you’re not completely satisfied, unopened products may be returned to us (after all, we want happy customers!) Even if you’ve opened or partially used your products, please contact us if you’re not satisfied and we’ll see what we can do (but please note that we aren’t obliged to offer a refund or replacement unless the product fails to meet a consumer guarantee, as set out above).
To claim a refund, please contact us on 1300 727 222. We will book your return and provide you with an Australia Post shipping label, so that you can return your order to us by dropping it into the Post Office at no additional cost to you. Please note that for returns outside of ACL-claims, we require you to contact us and book your return within two (2) weeks of receiving your order. For ACL-claims, please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately two (2) weeks.
If we agree or are obliged to give you a refund, we will process the refund using the same payment method used for the purchase.
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Sydney, New South Wales and split the costs of that equally.
If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.
Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).
We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.
As we’re based in New South Wales, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales.
Last Updated 11 April 2018