Terms and Conditions

1 – Agreement

1.1. The terms and conditions laid out apply to you, users of our website and your use of this site and any associated processes, software and networks, which includes the purchase of services or goods through this website.

1.2. When you browse our website or you decide to place an order, you are agreeing to the terms and conditions that are set out in this agreement.

2 – Interpretation

2.1. In our terms and conditions:

- “Customer” refers to the legal entity or person identified in a sales document, invoice or quote provided by our company.

- “Material” refers to any information (which includes but isn’t limited to drawings, source codes and data) or images of any type (whether or not they are visible) that are used or store on our website.

- “Agreement” is referring to our terms and conditions, which includes the terms of any order that you, the user, have placed through our website.

- “Products” refer to items we have listed on our website, whether they are for sale or not, including our extended warranties.

- “Delivery Cost” refers to the costs that are associated with delivery of our products or goods as an Order specifies.

- “Website” is referring to our internet site that is located at the URL (insert URL here) and operated by our company.

- “Goods” refers to the products that an order lists.

- “Pre-sale” refers to any items that are sold, anticipating that they are in stock on or around the date of dispatch that is stated on the website’s product listing.

2.2. Within this agreement, any reference to one gender includes all genders, reference to the singular will also include the plural, reference to a statute or act includes any statute or act that modifies, replaces or supersedes early statutes or acts, reference to persons will include all associations and bodies, including incorporated and corporate, or vice versa. The paragraph headings are only for reference purposes and any references to clauses are to specific clauses found within this terms and conditions agreement unless it is otherwise specified.

3 – Website Use

3.1. Links to other sites may be included on this website. The links are only provided for your convenience and may not be maintained or current. We are not responsible for privacy practices or content associated with any linked web sites.

3.2. It is your duty to make sure that your use of or access to this website is not prohibited or illegal by any laws that may apply to you.

3.3. When you access the website, you need to take precautions on your own to ensure that you do not put you at risk for malicious computer code, viruses or other types of interference that may result in damage to your computer. Our website takes no responsibility for any damage that may result when you use our website.

4 – Pricing

4.1. Unless otherwise specified, all the prices that are listed on our website are listed in Australian Dollars.

4.2. All of our prices listed on our website include any applicable taxes unless the price specifies otherwise.

4.3. All the prices we display on our website may change and notice is not required. Once you confirm an order, the prices for the items in that particular order are fixed. Any price changes, both down or up, will not be applied retroactivity to orders that have already been confirmed.

4.4. If you enter a Discount Code when you check out, the discount code will be applied equally across your entire Order, including any Goods and the Delivery Costs associated with the order.

4.5. When you make an order, you are agreeing to pay the delivery charges as they are listed and calculated within the Order confirmation when you make the purchase.

4.7. Our company reserves the right to refuse any sale.

5 – Product Specifications

5.1. The specifications and features of our Products that are depicted or described on our website are subject to change and do not require notice.

5.2. Any dimensions and weights mentioned on the website are approximate.

6 – Orders

6.1. An order may be placed by filling out our Order Form on our website, and then by clicking on the “confirm” button. Once the order is placed, you will be issued an Order Number. The Order Number will be delivered to you by email. When you place your Order, you are making an offer to our company to buy the Products that you have selected based upon the Terms and Conditions we have laid out here.

6.2. Your order will be deemed as received by our company when we send you an Order confirmation to the email address you have provided to us.

6.3. Since we are an online business, we will primarily use email to communicate with our customers. It is your responsibility to make sure that you enter the correct contact details and that you check the chosen email address regularly for our correspondence.

6.4. Every order, after it is confirmed, will represent a separate agreement.

6.5. Our company reserves the right to cancel or not accept any Orders that request Goods in commercial quantities.

6.6. At our sole discretion, our company has the right to cancel an Order at any time before Goods have been dispatched, including any Products that have been sold via Pre-sale.

6.7. If an Order is cancelled, any funds that have been paid in relation to the Order will be refunded to the customer as soon as reasonable possible. An email that acknowledges the refund and cancellation will be provided to you.

6.8. Our company reserves the right to alter the specification at any time in terms of the Goods without providing the Customer with notice, but only in the interest of regular improvement. This type of an alternation in Goods does not entitle you to cancel the order, to return the Product or to avoid your liabilities and obligations pursuant to these provided Terms and Conditions.

6.9. Our company does not accept responsibility for any Orders that are not accepted or declined because of internet connection disruptions or problems.

7 – Payment

7.1. Our company current accepts several forms of payment, including Direct Deposit via EFT, PayPal, MasterCard, Visa, American Express and Diners Club.

7.2. When your order is confirmed, the Payment for any Orders will immediately be processed, including for any products that may be listed on Pre-sale.

7.3. If the payment method that you have nominated triggers our company’s internal suspect transaction protocols, our company may contact you in order to rescind your transaction or to confirm any additional details that are needed.

8 – Ownership of Goods and Delivery

8.1. Our customers acknowledge that in some cases, shipping delays do occur and if delays occur, this company is not liable for any damage or loss that is caused by delays in delivery, nor to provide refunds for any amounts that have been paid for the Order or for the delivery of that Order.

8.2. Any parties involved acknowledge that the Goods may encounter damage when they are in transit with carriers, and in this case, the customer may contact our company in accordance with the Clause 9. Other than in accordance with Clause 9, our company is not in any way liable to provide customers with a refund or for any damages that occur while in transit or for delays that occur by carrying out the process that is outlined in Clause 9.

8.3. The dispatch date that is provided on the website is only an estimated dispatch date that our company reasonably estimates and it may change without any notice. Whenever the schedule dispatch date of a Product will be delayed for more than a week, we will provide customers with an email notification using the email address that was nominated when the Order was placed.

8.4. Our company will not in any case dispatch Goods to a PO Box address.

8.5. When the customer signs for the delivery of the purchased Goods, they take on the risk and title in the Goods.

8.6. If a customer provides written authority for items to be delivered without providing a signature, any and all insurance cover included will then be voided upon the item if it is left as instructed by the customer.

8.7. The courier that our company nominates will deliver the Goods during business hours, which are 9am – 5am, Monday through Friday, unless another arrangement has been made in advance with our company.

8.8. If a customer wishes to cancel their order after the order has been dispatched in accordance with the above, the cancellation will be at the discretion of our company and the return, redirection or shipping costs will not be refunded and the customer will need to pay for those costs.

8.9. Delivery to the ground floor or kerbside by a delivery driver is the only thing included with the delivery and service of Goods by the designated third party carriers. Delivery does not include assembly, placement, and removal of packaging, carrying items up elevators, upstairs or inside, or anything of the like. The customers always have the responsibility to arrange for a means to bring the purchased goods inside (or outside in the case of a return from (or to, in the case of a return) the ground floor of buildings or residences.

8.10. For any items that are deemed to be “oversize” (a Good that weighs more than 25kg), customers must help to assist (or have someone else on hand to assist) with the carrying of the Goods to the front door from the delivery vehicle, unless customers previously arrange for premium and/or alternative service of dispatch with our company.

9 – Damaged or Faulty Goods

9.1. All parties acknowledge that in some cases, the Goods may arrive to customers with damage or faults, whether they are caused by damage that occurred ruing transit, or by other causes.

9.2. If a Good is faulty within the initial 14 days after the delivery is made or is damaged when it is delivered, and the customer notifies our customer of the damage or fault within the initial 14 days after delivery is made, the our company will:

Repair the faulty Good, replace the good or provide the spare parts at our discretion, and depending on the specific circumstances; or

If a new replacement or spare part cannot be provided by our company, our company can optionally offer a partial or full refund, depending upon the amount of damage that has affected the product;

If a new replacement is available, and the customer chooses a refund instead of a replacement for the product, the refund provided will be for the full purchase amount, excluding the initial cost of delivery and any applicable return costs; and

Our customer considers various factors, including environmental factors, when we decide whether to arrange for the return of items from our customers, or whether the fault is such that providing a partial refund is appropriate, or whether it is appropriate to provide a replacement

The 14 Day period noted commences on the date that the delivery of our company’s product is accepted by the customer. If no proof of delivery is available, the date will be assumed to be three business days after the product date of dispatch.

When issues occur outside of the 14 Day period, each fault will be dealt with in accordance with our Terms and Conditions and the applicable Standard or Extended Warranty provided by our company.

9.3. For any claims regarding faulty or damaged products, our company will require footage or photographic evidence, whichever is the most applicable in the case, of the fault or damage to be emailed to info@intouchmassagechairs.com.au

9.4. Our company reserves the sole discretion to decide whether the Goods provided are damaged or faulty in accordance with Clause 9.

9.5. Our company may seek the reimbursement of the costs that may be incurred by us when we find that a returned product is in good working order.

9.6. Any insignificant variations in grain, finish or colour (as between the Goods that a Customer receives and images that are shown on our website), or damage only to packaging, is not considered a fault and will not be covered by Clause 9. Customers acknowledge that no two items can be identical, and that any items that are viewed on a computer screen image may not always be identical to the actual view of that particular item.

10 – Returns and Refunds

10.1. Our company is not required to provide customers with refunds or exchanges unless there is a major fault.

10.2. For services where goods are not provided, no refunds will be made available.

10.3. Should your product arrive with a fault or damage, please email info@intouchmassagechairs.com.au

10.4. Customers must comply with all directions from our company’s staff to facilitate the return of a Good.

11 – Warranties

11.1. Every product that is sold is covered by our company’s 12 month Standard Warranty (residential addresses only), which customers may choose to extend to a 3 or 5 year warranty at checkout.

11.2. Our company warrants all of our goods for the warranty period under normal usage, to be free from workmanship and material defects.

11.3. Our liability under this warranty is to provide replacement parts, spare parts, to repair, or to entirely replace ( at our discretion) any product or part that is covered by the warranty, without charge, (subject to Clause 11.8).

11.4. The warranty that we provided does not cover the following:

-Products purchased for use in commercial premises (please contact us to discuss your commercial warranty options)

Damage that occurs due to abuse, inappropriate placement or abnormal use;

Consequential or indirect loss;

Products that have been modified or those that have not been properly maintained;

Normal tear and wear on the product.

11.5. When customers purchase an Extended Warranty, that warranty will replace the original 12 month Standard Warranty with the warranty period of the extended warranty.

11.6. Our company requires that any customer that requests services in accordance to our warranty complies with any directions from our company’s staff so the claim can be properly facilitated and the provision of spare parts and/or repair and/or replacement solutions from our company whenever applicable. The directions usually will include the provision that the customer provide a full description of the requested warranty service, as well as videos and photos whenever appropriate.

11.7. We are not required to provide any warranty services in accordance with the warranty unless customers complies with clause 11.6, since there is no provision for customers in the absence of images and description, and our company will not be able to investigate the issue and provide the customer with a solution that is appropriate.

11.8. The guarantees that come with our Goods cannot be exclude under Australian Consumer Law. For major failure, you are entitled to a refund or replacement and compensation for other types of loss or damage that is reasonably foreseeable. Customers are entitled to have their Goods replaced or repaired if they are not of acceptable quality and that failure does not result in a major failure.

11.9. Our company considers that items that have a fault unique to the item sent to the customer or items damaged while in transit, and therefore are unexpected faults, to not be major faults notwithstanding the extend of the damage.

11.10. Any insignificant variations in the advertised colour, finish, grain or dimensions of the product, between the customer’s received goods and the descriptions or images shown on our website, or damage that only affects packaging, will not be covered by this Warranty.

11.11. Warranties cannot be transferred to another person or product.

12 – Intellectual Property

12.1. Any and all Intellectual Property found in any Material on our Website is considered the property of our company. Unless it is expressly authorised under this Terms and Conditions Agreement, or otherwise, no one may adapt, display, distribute, perform, modify or reproduce any part of or any Material found on this website.

13 – Indemnity

13.1. You waive, discharge, relinquish and release any and all claims that you may have or have now against our company which are connect with, relate to, are incidental to or arise out of your use of our company’s website.

13.2. You agree to keep indemnified and to indemnify our company and to hold harmless from and against all and any claims, taxes, expense, loss, liability and/or damage that may be incurred by our company arising in connection with or out of your use of our website and the use of any of our company’s products outside of the specifications provided by the manufacturers, which are included in product manuals.

14 – Liability

14.1. To the extent that is permitted by the law, we will not be held liable for any loss of contracts, loss of profits, loss of data, loss of income, or any other consequential or indirect damage or loss of any type, howsoever arising and whether caused by breach of contract, tort (including negligence) or otherwise; and our maximum aggregate liability for any of the Products that are supplied to you, whether in tort, contract, or otherwise, will in no circumstances exceed the amount payable to us by you in respect of the products in question.

14.2. To remove any doubt, nothing found in this clause restricts or limits your ability to make a claim available to you for our company’s failure to comply with any of the guarantees found in the Australian Consumer Law.

15 – Privacy

15.1. Personal information about our customers is gathered by our company for the following purposes:

Carrying out any repair work, whether in or out of warranty repairs;

Expanding the company’s business;

Delivering or supplying products to you, or marketing products to you; and

Developing and improving our products.

15.2. Our company is committed to keeping your privacy and personal information protected due to our ethical and legal commitment to comply with any relevant laws, and more importantly, because our company understands that you care how your information may be shared and used.

Our company will not share, rent, sell or otherwise disclose any personally identifiable information in violation of the commitments found in clause 16.

15.3. As we deal with our customers, we may collect and keep this type of information, including:

Information about individuals who are target customers or customers as provided to us by those individuals, or information that was obtained by public domain sources, including newspapers or magazines.

Information about personal attributes, means of communication with and info about roles of employees, officers and other corporation representatives with whom our company deals, incidentally collected while dealing with corporations.

15.4. The previously mentioned information may be held in hard copy and data storage systems but will only be lawfully accessed by contractors, employees or company officers that are required to access this information in order to perform their functions.

15.5. From time to time, we may employ other individuals and companies to perform certain functions on behalf of our company. For example, we may use a third party repairer for warranty repairs. In these specific circumstances, personal information may be disclosed to these individuals or companies to enable them to provide services to you on our behalf.

16 – Important notice of zipMoney

16.1 Available to approved applicants only. Minimum monthly payments of $40 or 3% of the outstanding balance (whichever is greater) are required. Paying only the minimum monthly repayment amount will not pay out the purchase within the interest free period. Any balance outstanding at the expiry of the interest free period will be charged interest at the standard annual percentage rate, currently 23.90%. An establishment fee of $30 applies to your account. A monthly account service fee of $4.95 is applicable while there is a balance outstanding. Lending criteria, terms, conditions, fees and charges apply and are available on application. Credit is provided by zipMoney Pty Ltd (ABN 58 164 440 993), Australian Credit Licence number 441878. Visit www.zipmoney.com.au to learn more about zipMoney.