Please read this Purchase & Refund Policy carefully to ensure that you are fully aware of your rights and obligations when purchasing products from the Bio Concepts website, which is located at www.bioconcepts.com.au (the “Site”).
By completing and submitting your order, you agree to be bound by the Purchase & Refund Policy, which together with Bio Concepts Terms and Conditions, constitutes the agreement between Bio Concepts Pty Ltd CAN 010 516 775 (“Bio Concepts”, “us” or “we”) and you in relation to your purchase.
1. Use of the Site
a) The party places an order via the Site will be deemed to have accepted the terms contained in this Purchase & Refund Policy on behalf of the persons or business entities named in the order form. By submitting an order, you represent and warrant to us that you have the necessary authority to place an order on behalf of the person or business entity named in the order form.
b) You must provide full and accurate personal details at the time of placing your order.
c) The site is intended for, and may only be used by, parties who can form binding legal contracts under any applicable law. Without limiting this clause, children under the age of 18 years are not permitted to use the Site to purchase products or services.
d) Bio Concepts reserves the right to suspend or terminate your access to or use of the Site if you breach the terms of this Purchase & Refund Policy. Bio Concepts will not supply products or services to parties whose use of the Site has been suspended or terminated.
2. Purchase Price
a) All prices listed on the Site are in Australian Dollars (AUD) and include goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (if any).
b) We may change the purchase prices listed on the Site from time to time without notice to you.
a) Bio Concepts accepts payment on the Site via Eway.
b) When making a payment, you will receive a transaction confirmation email, confirming receipt of your order. Once we have received your payment in cleared funds, you will receive a Tax Invoice relating to your order with delivery.
c) You acknowledge that confirmation of receipt of an order or other similar notification does not constitute acceptance by Bio Concepts of the order, nor does it constitute confirmation of Bio Concepts’ offer to sell the products or services to you. Bio Concepts reserves the right to accept or decline an order for any reason.
4. Processing of Orders
a) If you place an order and we receive payment for that order: ]
a. After 12 noon on a business day or a non-business day, your order will be dispatched on the next business day; or
b. Before 12 noon on a business day, we will process your order on the day that the order and payment is received
b) Should a product included in your order be unavailable for purchase at the time the order is placed, you will be required to re-order the product when it becomes available.
c) In clause “business day” means any day that is not a Saturday, Sunday or public holiday in Brisbane, Queensland. “Business day” also means any day that is not in the Christmas/New Year period from 24 December to 2 January in any given year.
5. Dispatch and delivery
a) Bio Concepts will not (and is not required to) dispatch products the subject of an order until we have received payment in full and in cleared funds.
b) Delivery times will vary depending on your location, when the shipment is sent, the size and weight of the shipment, however the products will be delivered within reasonable times, having regard to these factors.
c) Delivery times mentioned in any quotation, order confirmation or elsewhere are approximate only and are not of any contractual effect. Unless contrary to any relevant law, Bio Concepts is not liable to you for failure to deliver any products or services by a particular date or dates and any delay in delivery will not extinguish your obligation to accept the products or services or to pay for them. At this time, international orders cannot be processed through this website.
d) The products will be at your risk from the time that they are delivered to the address specified by you when placing your order. To the extent permitted by law, Bio Concepts will not be liable for any damage to the products or deterioration in the products after the products are delivered to the address specified by you.
6. Shipment of orders
We deliver through Australia Post Express Post for orders under 3kg, and with Startrack for order in excess of 3kg. A $11.00 flat shipping fee applies, which is added to the cost of your order at the online checkout. Orders over $300 will receive free freight. Notwithstanding the above, we reserve the right to ship orders in any manner that we deem appropriate or expedient from time to time.
7. Cancellation of Orders
Please choose your products carefully when placing an order, as one submitted, orders cannot be cancelled without Bio Concepts’ written consent, which may be given or withheld, or given on conditions, in Bio Concepts’ absolute discretion. If Bio Concepts does agree to the cancellation of an order, Bio Concepts may require you to compensate it for loss suffered as a consequence of such cancellation.
8. Return of products
In the event of a manufacturing defect, product quality issues or damages, we are happy to refund or replace the products. Please follow the complaints procedure below.
Complaints about products or services
(a) You must notify us within 5 business days after delivery of an order if the order is incomplete or the products are damaged during shipment.
(b) In the event of a manufacturing defect, product quality issues or damages during shipment, we will (at our election and without limiting our obligations at law) either refund you the amount paid for the products or replace the products by delivering the replacement products to the address specified by you when placing your order. To obtain a refund or replacement of products, please follow the complaints procedure below. Bio Concepts does not accept the return of products for any other reason, unless required to do so by law.
9. Complaints about products or services
a) If you are not satisfied with our products or services and you wish to make a complaint, you may:
a. contact the complaints department by phone on +61(0) 7 3868 0699; or
b. complete a Complaint Notification Form (hyperlink) and submit by email, fax, or post to the details below.
Fax: +61 (0)7 3868 0612
Address: Operations Manager
Bio Concepts Pty Ltd
PO Box 190
Banyo QLD 4014
b) Once the complaint Notification Form is received, our Complaints Officer will be responsible for handling your complaint. Within 48 hours of receipt, the Complaints Officer will contact you confirming that we have received your complaint, the action to be taken to address your complaint and the estimated timeframe for resolution of your complaint.
c) Once our investigations are complete we will contact you with the outcome of the investigation. If you are not satisfied with the outcome, you may write to us to request the Complaints Officer refer the matter to our CEO for further investigation.
d) After that request is received, our CEO will review the complaint and the results of the investigation, conduct further investigations if necessary and report the outcome of their review to you.
e) If you are still not satisfied with the outcome, you may ask us to refer the matter to an independent mediator to determine the matter.
10. Limitation of liability
a) Bio Concepts gives no warranties (other than those warranties expressly set out in the Purchase & Refund Policy or those warranties that are implied and cannot be excluded by law) in respect of the products and services supplied through the Site.
b) To the extent permitted by law, Bio Concepts excludes all statutory or implied conditions and warranties and limits liability (under any conditions or warranties which cannot be excluded by law) to the:
a. replacement of products ordered or the supply of equivalent products;
b. repair of products
c. payment of the costs of replacing the products; or
d. payment of the cost of having the products repaired, as determined by Bio Concepts in its absolute discretion.
c) Except as permitted by law, Bio Concepts will not be liable for any consequential or indirect loss or damage suffered (however called) or incurred by you, including loss of profits, loss of goodwill, loss of opportunity, exemplary damages, special damages or incidental damages.
To the extent permitted by law, you agree to indemnify and hold Bio Concepts, its officers, directors, shareholders, predecessors, employees and agents harmless from any demand, loss, liability, claims or expenses made against Bio Concepts by any party due to or arising out of or in connection with:
a) your use of the Site;
b) the handling, transport, storage or use of the products from that time that the products are at your risk;
c) any breach by you of this Purchase & Refund Policy or the Terms and Conditions of Use of the Site;
d) any negligence, wrongful act or omission, or breach of statutory duty by you or by your employees, contractors, officers, or agents; and
e) the violation by you of the rights of any third party in connection with your use of the Site.
a) These terms and Conditions of Use are governed by the laws of the State of Queensland and the Commonwealth of Australia. You agree with us to submit to the non-exclusive jurisdiction of the courts of Queensland in respect of any proceedings in connection with your use of the Site.
b) If any provision of these Terms and Conditions of Use is void or unenforceable, that provision is to be served to the extent necessary to ensure that these Terms and Conditions of Use are enforceable. The balance of the Terms and Conditions of Use will continue in force nowithstanding the severance of the unenforceable or void provisions of these Terms and Conditions of Use must be interpreted accordingly.
c) A right of a party under these Terms and Conditions of Use may only be waived in writing, signed by the party giving the waiver and no other conduct of a party (including failure to exercise, or delay in exercising a right) will operate as a waiver of the right of otherwise prevent exercise of the right. The exercise of a right does not prevent any further exercise of that right or any other right.
If you have any questions about Bio Concepts Purchase & Refund Policy, please contact Bio Concepts at firstname.lastname@example.org, or call toll free on 1800 077 113.
Updated March 2012.