1. Introduction

1.1 This website is owned and operated by the Supplier.

1.2 By purchasing Goods from the Supplier, the Customer agrees to and accepts all of these terms and conditions (Terms). These Terms, which incorporate the Supplier’s Privacy Policy and other documents referred to within these Terms, govern the supply of any Goods ordered by the Customer on this website and the Customer’s use of this website. By browsing, accessing, using this website or Ordering any Goods, the Customer agrees to be legally bound by these Terms.

1.3 These Terms may be varied the Supplier at any time. Any variation to these Terms will take effect from the time the varied Terms are available at http://www.thumbguard.com.au/ otherwise provided to the Customer.

1.4 Any information or advice provided by the Supplier or on this website is not intended to be a substitute for professional medical advice. The Customer is recommended to seek professional medical advice before using any Goods purchased from this website or following any guidance listed on this website.

  1. Orders and Delivery

2.1 The Supplier will use its reasonable endeavours to fulfil any Order, but it reserves the right to cancel an Order at any time. This may be due but not limited to incorrect advertising and/or incorrect pricing.

2.2 The Supplier shall use its reasonable endeavours to ensure that Goods which are noted as being in stock on this website are delivered within 20 Working Days of the Customer placing the Order. Deliveries to rural areas may take longer.

2.3 If any Goods are noted as being not in stock, the Supplier shall use its reasonable endeavours to ensure that Goods are delivered within 20 Working Days of receiving the Goods in stock from its suppliers and shall advise the Customer on estimated delivery times.

2.4 The Supplier does not keep stock of all products listed on this website at any given time. Any information regarding product availability is based on information provided by the Supplier’s suppliers; the Supplier does not take responsibility for any errors or omissions from the Supplier’s suppliers.

2.5 Any delivery times stated are estimates only. The Supplier shall use its reasonable endeavours to fulfil those delivery times, however the Customer agrees the Supplier shall not be liable for loss or damage directly or indirectly incurred from any delay or failure to deliver within the estimated time frames.

2.6 Delivery shall be deemed to have occurred when the Supplier or the Supplier’s nominated carrier has delivered the Goods to the Delivery Address or, in the event that Goods cannot be delivered to the Delivery Address, when the Goods are available for the Customer to collect from any alternate location.

2.7 The Customer is responsible for checking that all Customer supplied details, including the Delivery Address, are correct at the time of placing the Order. If the Customer supplies an incorrect Delivery Address, the Supplier may charge the Customer all reasonable costs associated with any re-delivery.

2.8 Details of Goods not received or incorrect Goods received must be sent in writing to the Supplier within 5 Working Days of Delivery together with the order number, and Customer’s name and billing address.

  1. Pricing and Payment

3.1 All Prices are in Australia dollars (AUD$) and include GST. The Prices do not include any other taxes, duties, customs or other charges, including any other taxes, duties, customs or other charges for any Delivery Address outside of Australia.

3.2 The Supplier’s delivery charges for delivering the Goods are not included in the Price. All delivery charges are calculated at the time the Customer enters the Delivery Address, and advised to and accepted by the Customer prior to finalising the Order.

3.3 Payment for the Goods and delivery charges is to be made in full via SSL Security at the time of placing the Order.

3.4 The Customer acknowledges that the Customer’s financial services or payment provider may charge currency conversion and administration fees on purchases and any refunds that the Supplier provide. In the event of any refunds, the exchange rate used to determine the quantum of the refund shall be the prevailing rate at the time the refund is made (not the original exchange rate).

3.5 All Prices are correct at the time of Order, however the Supplier reserves the right to alter Prices at any time in relation to any future Orders.

3.6 Unless specified otherwise, special offers cannot be combined with items already on sale.

  1. Risk

4.1 The risk in the Goods shall pass to the Customer immediately upon Delivery.

  1. Acknowledgements by Customer

5.1 The Customer acknowledges and agrees that:

(a) The Supplier and its employees/consultants are not acting in the capacity of qualified medical professionals.

(b) It is the Customer’s responsibility to ensure that any advice provided by the Supplier is appropriate for the Customer’s circumstances. The Customer is solely responsible for the actions the Customer takes in reliance on advice provided by the Supplier.

(c) The Supplier has advised the Customer always to consult a medical or other suitably-qualified professional in using any Goods purchased from this website.

(d) The Customer is responsible for ensuring that any Goods are correct and suitable for the Customer’s purpose prior to purchase or using the Goods, and for the care and maintenance of the Goods from the time of Delivery including ensuring the Goods are used and maintained in accordance with any instructions or other information provided by the Supplier or manufacturer.

(e) Once an Order is made, it cannot be changed or varied except with the Supplier’s written consent.

  1. Returns

6.1 The Customer is required to select Goods carefully, as the Supplier does not refund if due to change of mind. The Supplier has no liability for Goods that have been incorrectly Ordered.

  1. Limitation of Liability

7.1 Where the supply and acquisition of any Goods is found to be in trade as defined in section 43(2) of the Consumer Guarantees Act 1993 (CGA), the parties agree that the provisions of the CGA shall not apply to that transaction. Otherwise, these terms shall be read subject to the CGA and, in the case of any conflict, the provisions of the CGA shall apply.

7.2 Where the purchase of any Goods is found to be in trade as defined in section 5D of the Fair Trading Act 1986 (FTA), the parties agree that sections 9, 12A, 13 and 14(1) of the FTA shall not apply to that transaction.

7.3 No representation, condition, warranty or promise (expressed or implied) other than those required by law apply to each and every sale of new Goods. Warranty of any Good is subject to normal use. It is the Supplier’s sole discretion before acting on any claim of faulty goods.

7.4 If the Goods are faulty, the Supplier will meet its obligations under the CGA. It is at the discretion of the Supplier to determine fault. Any faulty goods must be returned to the Supplier within 20 Working Days of Delivery, with the order number, Customer name, and billing address included.

7.5 Upon accepting the fault of a good, the Supplier firstly has the option to repair the faulty good or replace it for the same item. If the Supplier cannot repair or provide a replacement, the Customer will receive a credit or refund, including the original delivery charges.

7.6 The warranty is limited to replacing or repairing any faulty Goods returned to the Supplier in accordance with these Terms, provided that the Supplier is satisfied that the defects were defects in manufacture. No warranty applies if Goods fail because of user abuse, lack of maintenance, incorrect fitting, or incorrect use of Goods. The warranty covers only replacement or repair of the Good itself. The Supplier shall not be liable for any financial or other losses or damage sustained by the Customer, including but not limited to, repair, inspection, removal, replacement costs, or any charges for purchase of replacement Goods. The Supplier’s liability in any event will not exceed the Price of the Goods.

7.7 The Supplier is not responsible for:

(a) Reimbursement or compensation for lost Goods returned to the Supplier. The Customer is advised to insure any return package.

(b) Any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to its Goods.

(c) Any decision made or action taken by the Customer or anyone else in reliance upon the information provided by the Supplier.

(d) Fitting and use of Goods other than in accordance with the manufacturers’ specifications. It is the Customer’s sole responsibility to check the Goods are correct and suitable for the purpose required.

7.8 The information on this website is provided for general information only. The Supplier has provided this information to users in good faith and with every best effort to accuracy, and shall not be liable for any errors and omissions in the information or any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.

7.9 The Customer agrees to indemnify the Supplier against all liabilities, losses, claims and expenses suffered or incurred by the Supplier, and all claims and demands made against the Supplier, arising directly or indirectly out of the Customer’s use of the Goods or this website, any breach of these Terms, or the delivery or failure to deliver any Goods.

  1. General

8.1 Third Party Websites: This website may contain links to supplier or other third party websites. These websites have not been prepared by and are not controlled by the Supplier. They are provided for convenience only, and do not imply that the Supplier checks, endorses, approves or agrees with them.

8.2 Copyright: All content on the website is copyrighted and may not be modified, reproduced or publicly displayed, or distributed or used for any public or commercial purposes, without the prior written consent of the Supplier.

8.3 Entire Agreement: These Terms are the entire agreement between the parties, and shall not be varied except as expressly agreed by the Supplier in writing.

8.4 Severability: The illegality, invalidity or unenforceability of any term of these Terms and conditions does not affect the legality, validity or enforceability of any other term.

8.5 Governing Law: The parties agree to be governed by the laws of New Zealand and to submit to the exclusive jurisdiction of the New Zealand courts.

  1. Definitions and Interpretation

9.1 Definitions: In these Terms, unless the context requires otherwise:

Customer means the person who places an Order for Goods from the Supplier.

Delivered means the point in time when delivery is deemed to have occurred in accordance with clause 2.

Delivery Address means the address where the Goo ds are to be delivered, as advised by the Customer at the time of making an Order.

Goods means all goods, parts and products supplied by the Supplier to the Customer from time to time.

GST means any goods and services tax or other similar tax which applies to the supply of the Goods (or any of the Goods) pursuant to the laws of New Zealand.

Order means an order for Goods which is made (through the Supplier’s website) by the Customer and which the Supplier agrees to supply; and Ordered shall be construed accordingly.

Price means the price of the Goods as displayed on the Supplier’s website at the time of the Order.

Supplier means Libre Limited and includes its assignee.

Working Day has the meaning given to that term in section 4 of the Property Law Act 2007.

9.2 Interpretation: In these Terms, unless the context otherwise requires:

(a) Where the context permits, the singular includes the plural and vice versa.

(b) References to any party means the party referred to and include the successors, executors, administrators and permitted assignees (as the case may be) of that party.

(c) All references to legislation are (unless stated otherwise) references to New Zealand legislation and include all subordinate legislation, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.

(d) A reference to the word “include” or “including” is to be interpreted without limitation.

(e) References to a “person” include an individual, firm, company, corporation or unincorporated body of persons, any public, territorial or regional authority, any government, and any agency of any government or of any such authority.

9.3 Contracting out: Nothing in these Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 except to the extent permitted by law, and the provisions of these Terms shall be read as modified to the extent necessary to give effect to that intention.

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