Terms and Conditions
The following website page advises you of the terms and conditions on which we supply any products (‘Products’) listed on our website at onlineshop.medifootclinic.com.au ('Site'). Please read these terms and conditions carefully before ordering any Products from our Site.
If you are a non business customer (‘Consumer’), you should be aware that these terms are our standard client agreement upon which we intend to rely. For your own benefit and protection you should read these terms carefully before ordering any of our Products because we intend that by contracting with us these terms will govern the contract between us. If you do not understand any point please contact us so that we can provide further information to you.
We may change these terms and conditions at any time. The updated terms and conditions will be updated on our website. You should review the terms and conditions from our website before ordering a product.
If you are a business customer, you understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept that these terms govern the contract between us, you should not order any Products from our Site.
- Information About Us
Our Site is operated under the trading name medifoot clinic (‘we, our, us'). Our main trading address is at 230 Mickleham Road, Tullamarine VIC 3043, Australia. The ABN number is 25663857879.
- How the Contract Is Formed Between You and Us
After placing an order, you will receive confirmation from us (which, depending on the Product ordered, may be email or telephone) acknowledging that we have received your order. This does not mean that your order has been accepted as we may need to verify details about your order or confirm your acceptance of any special delivery charges that may apply for orders for delivery outside VIC. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or other order confirmation to confirm that the Product ordered has been accepted (the 'Order Confirmation'). The contract between us ('Contract') will only be formed when we send you the Order Confirmation.
We do not provide any medical advice and cannot give any medical opinion as to the suitability of any of our Products for your individual needs and it is your responsibility to consult a medical or orthopaedic professional as to the suitability of our Products for your individual requirements before you place any order.
- Availability and Delivery
Orders for Products received before 1.00pm on Monday to Friday will be despatched on the same day that we receive your order and orders placed after 1.00pm or at the weekend or on a Public Holiday will be despatched on the next working day.
We reserve the right to cancel or vary your order if:
- we have insufficient stock
- we do not or are unable to deliver to the address specified in your order
- the price shown for the Products ordered was incorrect
If we cancel your order, we will notify you and will refund or credit any payment made by you and we shall not be obliged to pay any compensation to you for any disappointment suffered.
If you bulk order any Products and we deliver less than the number of Products ordered, you may not reject any of the Products on the grounds that we have delivered less than the number of products specified in your order but we will either deduct from the invoice the price of any undelivered Products or we will dispatch to you like for like replacement Products to complete the bulk order.
- Risk And Title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
If you do not pay for the Products on the date that payment is due we reserve the right to treat the order for the Products as being cancelled by you whereupon the goods must be returned to us at your cost. This right is without prejudice to any other remedy available to us including without limitation our rights to charge interest on unpaid sums.
- Price And Payment
The price of any Products will be the price quoted on our Site from time to time, except in cases of obvious error.
These prices do not include the delivery charges. If you require special delivery or the Products are to be delivered to an address outside VIC or Australia, you will be liable for the additional costs of such delivery specified by us, including without limitation any import duties or taxes.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Unless otherwise agreed, payment for all Products must be by options available via our website.
We accept payments online via a third party service call Paypal. By purchasing items from our website you confirm that you understand the risks associated with making purchases online and indemnify us from any losses that you may face directly or indirectly as a result of making payments online via our site.
Unless otherwise agreed by us, payment must be made in full, without counterclaim, set off or any other such deduction.
Before ordering any product you must ensure that the Product that you require is suitable for your particular needs and we recommend that you consult your medical practitioner before ordering any Product from us.
Our returns policy allows you to cancel any order placed online at our Site but we will only refund the full cost of the Product if you cancel your order within 7 working days of the delivery date. If you cancel your order and the Product is not faulty or is not a replacement Product for the product ordered, you must return the Product to us at your cost.
If you are not a Consumer and order Products as part of your business we reserve the right to change our returns policy set out by informing you of any such change when you place your order with us. Any such notification shall be deemed to vary these terms and will apply to any orders for Products placed with us after we inform you of the change to our returns policy.
If you are a Consumer we will pay for the cost of returning any Product to us if you cancel your order because the Product is faulty or the Product was a replacement item sent to you as a suitable alternative Product for the Product originally ordered by you.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase or via a deposit in to your bank acount. We will request your banking details at the time as required.
- Our Liability
We are unable to make any medical diagnosis of your condition and we will not provide any professional advice or opinion about the suitability of any of our Products for your individual condition. Our Products are sold to you on the basis that you have sought relevant advice from a qualified medical professional or similarly experienced practitioner and the Products are provided on the basis that you have made all relevant and reasonable enquiries that the Product you have ordered is suitable for your own individual needs.
We shall not be liable in any way for any loss or damage that you suffer or incur as a result of you using this website or using a product ordered from our website
We warrant to you that when used in accordance with the manufacturer’s instructions any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied when used in accordance with the instructions received from your medical practitioner.
We are not responsible for indirect losses which happen as a consequence of our breach of the terms of this agreement, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data, or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
When using our web site, you accept that communication with us wll be mainly electronic. We will contact you by letter or e-mail or provide you with information by posting notices on our web site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
We are committed to protecting and respecting your privacy.
We may collect the following information about you:
- information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Site
- if you contact us, we may keep a record of that correspondence
- Information collected if you complete any survey that we use for research purposes
- details of transactions you carry out through our Site and of the fulfilment of your orders and
- details of your visits to our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access
- We may collect information about your computer, including where available your IP address, operating system and browser type and for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
- We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Site and to deliver a better and more personalised service. They enable us:
- to estimate our audience size and usage pattern
- to store information about your preferences, and so allow us to customise our Site according to your individual interests;
- to speed up your searches
- to recognise you when you return to our Site.
- All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
- We use information held about you in the following ways:
- to ensure that content from our Site is presented in the most effective manner for you and for your computer
- to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
- to carry out our obligations arising from any contracts entered into between you and us
- to allow you to participate in interactive features of our service, when you choose to do so
- to notify you about changes to our service and
- we may also use your data to provide you with information about our Products which may be of interest to you and we may contact you about these by post, by email or telephone. If you do not want us to use your data in this way, please tick the relevant opt box situated on our Site.
- You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing contacting us by email.
- You may have access to the information held about you. Any access request may be subject to a fee of AUD 10 to meet our costs in providing you with details of the information we hold about you.
- Transfer of Rights and Obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We may change these conditions at any time.