All products and services prices shown on the Dr Phone online shop are indicative only and their display does not constitute an offer by Dr Phone to unconditionally supply those products at the indicative prices. All orders are subject to acceptance by DrPhone and the supply of products or services pursuant to orders accepted by DrPhone will be in accordance with the terms and conditions of sale.
1. FORMATION OF CONTRACT
(a) No contract shall come into existence until an order placed by you (the Customer) has been accepted by Dr Phone and such acceptance has been received by the Customer. The contract shall deemed to be concluded at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own use only and not for re-sale purposes. DrPhone reserves the right to accept an order in whole or in part.
(b) The products sold are subject to these terms and conditions of sale and the Customer acknowledges that it is aware of the contents of and agrees to be bound by such terms and conditions. The Customer relies on the information contained in or on the Dr Phone online shop at its own risk.
(c) These terms and conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).
mollit anim id est laborum.
2. ORDERS, PRICE AND PAYMENT
(a) Unless credit terms have been expressly agreed by Dr Phone, payment for the products or services shall be made in full before physical delivery of products ordered.
(b) Customer shall pay for all shipping and handling charges.
(c) Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
(d) Dr Phone accepts no liability for unauthorized use of the Customer's credit card or credit account, fraud, forgery or mistaken or unauthorized orders or payments.
3. TITLE AND RISK
Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer.
(a) Dr Phone shall deliver the products to the place of delivery designated by Customer and agreed to by Dr Phone.
(b) Dr Phone may, at its discretion, deliver the products by instalments in any sequence. Where the products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by Dr Phone in respect of any one or more instalments shall vitiate the contract in respect of products previously delivered or undelivered products.
(c) Any dates quoted by Dr Phone for the delivery of the products are approximate only and shall not form part of the contract. Dr Phone shall not be liable for any delay in delivery of the products and/or services, howsoever caused.
5. ACCEPTANCE OF PRODUCTS
(a) Unless the Customer notifies Dr Phone to the contrary on the day of delivery and such notification is confirmed in writing within two days, the products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the contract.
(b) Products purchased from the Dr Phone online shop pursuant to these terms and conditions may be returned by Customer up to 14 days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with Dr Phone's Refund Policy. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned Products must be received by DrPhone in as-new condition and DrPhone will not accept a returned product where the Customer has caused the product to become unmerchantable or failed to take steps to prevent the product from becoming unmerchantable.
(a) Other than implied warranties that cannot be excluded by law, Dr Phone does not make any representations or warranties about the accuracy, suitability or usefulness of the information on and the contents of the DrPhone online shop and about the merchantability, fitness for purpose, satisfactory quality and/or compliance with description of the products it supplies.
(b) The Customer agrees that to the extent permitted by law, in relation to third party products purchased through Dr Phone, where such of the products are covered by a relevant manufacturer's warranty, the Customer will first make a claim against the manufacturer and shall utilise that warranty in respect of such products.
(a) Dr Phone shall not be liable in contract, in tort or in equity for any loss or damage arising out of or relating to the Dr Phone online shop, the information therein or any products it supplies and the Customer's rights are limited to those set out in these terms and conditions and under statute, including under the Act.
(b) To the extent permitted by law and subject to clause 7(f), Dr Phone's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products under these terms and conditions.
(c) The Customer shall indemnify and keep indemnified Dr Phone, its officers, staff, agents and contractors fully indemnified against any loss of or damage to any property or injury to or death of any persons caused by the use of the products by the Customer, any negligent act or omission or wilful misconduct of the Customer or by any breach of the Customer's contractual obligations arising out of these terms and conditions.
(d) Dr Phone shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the Dr Phone online shop or the information contained therein or the purchase, use or performance of products.
(e) To the extent permitted by law, any typographical, clerical or other error or omission in or on the Dr Phone online shop, price lists, invoice or other documents or information issued by Dr Phone shall be subject to correction without any liability on the part of DrPhone.
(f) Under the Act, where implied conditions and warranties cannot be excluded, Dr Phone's liability for breach of such conditions and warranties shall be limited, at DrPhone's option, to (i) in the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired; or (ii) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
8. INTELLECTUAL PROPERTY
All intellectual property rights in (i) the text, images, photographs, graphics, user interface, and other content provided on the Dr Phone online shop and the selection, coordination, and arrangement of such content, and (ii) the DrPhone trade marks incorporated into the products, are either owned or licensed by DrPhone, to the full extent provided under Australian and international intellectual property laws.
9. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
10. GOVERNING LAW
These terms and conditions shall be governed by the laws of New south wales and shall be subject to the non-exclusive jurisdiction of the courts of New south wales.
(a) The Customer shall not assign or otherwise transfer any contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Dr Phone. Any such unauthorized assignment shall be deemed null and void.
(b) If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby.