Terms & Conditions
These terms and conditions (the "Terms and Conditions") govern the use of https://backcareonline.com.au (the "Site"). This Site is owned and operated by Echo Labs Pty Ltd (T/A Back Care Online). This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Echo Labs Pty Ltd (T/A Back Care Online) and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Accounts
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up-to-date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our Site:
Credit Card; AfterPay, Zip Pay, Direct Bank Transfer; PayPal; and Debit.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
Unless specifically quoted for and agreed upon in advance, our standard delivery service constitutes a courier curbside delivery only and not delivery & installation. This means that the courier will deliver the new item to the nearest accessible point at the specified address. Please be aware that this service does not include assembly, unboxing, entering the premises, or carrying the item upstairs. Should you require any additional services, such as in-home delivery, assembly, or installation, please contact us for a separate quotation and arrangement.
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Standard delivery by post. Delivery takes 5 - 7 business days.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.
You will be required to pay delivery charges in addition to the price of the goods you purchase, unless specified as free delivery. The delivery fee will be shown when checking out, before completing your purchase.
If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times. Delivery options are set out here and here although such information is indicative only.
We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.
By default, you provide authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to our Fulfilment Centre.
Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
Unless otherwise specified by you, all risk in the product shall pass to you upon Delivery. If Delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
Refunds
Refund requests must be made within 30 days after receipt of your goods. The refund will be processed within 7 days once the item has been received and checked by our team.
Refunds do not apply to certain items which cannot be returned, for reasons including hygiene - this includes, but is not limited to - Bed, Bathroom & more specialist Health-related products. If you are unsure of whether an item is available to be returned then please contact us before making a purchase.
Returns
Returns can be made by mail. To return a good by mail, follow the following the procedure on our delivery & returns page.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Echo Labs Pty Ltd (T/A Back Care Online) and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Echo Labs Pty Ltd (T/A Back Care Online) and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of South Australia.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Echo Labs Pty Ltd (T/A Back Care Online) are unable to resolve any dispute through informal discussion, then you and Echo Labs Pty Ltd (T/A Back Care Online) agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Echo Labs Pty Ltd (T/A Back Care Online).
Notwithstanding any other provision in these Terms and Conditions, you and Echo Labs Pty Ltd (T/A Back Care Online) agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
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[email protected]
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You can also contact us through the feedback form available on our Site.