Terms of Site Use/Terms and Conditions
Last updated November 1st, 2017
These Terms of Site Use and Terms and Conditions (“Terms”) describe the legally binding terms and conditions under which Biccari Holdings Pty Ltd (“Biccari”) provides our websites and the information, products, and services on our websites (collectively referred to in these Terms as our “website”) to you. These Terms apply to our website at www.storkconceptionaid.com.au and to any electronic communications we receive from and send to you. Please read these Terms carefully. If you do not agree to these Terms, you may not use our websites and electronic services.
The Terms together with your order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event.
In these Terms “we” and “us” mean Biccari Holdings P/L ABN 93 002 896 791 of 13/8 Selkirk Drive, Noosaville QLD 4566 Australia and “you” and “your” means you the customer.
TERMS OF SITE USE
Information we provide
Our website does not provide medical advice nor is it a replacement for the advice of a qualified healthcare professional. We do not guarantee the accuracy, reliability, currency or completeness of any information on our website.
Your submissions to Biccari
You may submit content to Biccari using certain parts of our website, including in connection with making a purchase. By submitting or uploading any content to Biccari, you represent and warrant that (i) you have the right to do so without violating the rights of any third party, (ii) the content is accurate and suitable for the purpose for which you are submitting it, and (iii) the content will not contain viruses, malware, or anything else that may harm our systems or website.
When you purchase items using our website, we will ask you for information that we will use to fulfill your order.
Member account, password and security
If you open an account, you will be required to fill in a registration form and provide current, complete and accurate information. You also will choose a password and a user name and you are responsible for maintaining the confidentiality of these login details. Any and all activities that occur under your account are solely your responsibility.
You are required to notify Biccari immediately of any unauthorized use of your account, or any breach of security.
Biccari will not be held liable or responsible for any loss you may incur due to unauthorized use of your account, either with or without your consent.
You may not use anyone else’s account at any time, without the permission of the account holder.
Ideas, suggestions, and comments submitted to Biccari
We welcome your ideas, suggestions, and comments (your “Ideas”) about Biccari and our products and services. In the event that you submit any Ideas to us, they will be deemed, and remain, the sole property of Biccari. Biccari will not be liable for any use or disclosure of your Ideas, and may use your Ideas for any purpose whatsoever without any compensation to you.
No unlawful or prohibited use
As a condition of your use of this website, you will not use the website for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair Biccari’s server, or the network(s) connected to Biccari’s server, or interfere with any other party’s use and enjoyment of any Biccari website. You may not attempt to gain unauthorized access to any Biccari website, other accounts, computer systems or networks connected to any Biccari, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
Limitations on use; Intellectual property
You may browse our website and make limited copies of the information and pages on our website solely for personal non-commercial use, including limited distribution to others for personal non-commercial use. The unauthorized use of any materials on our website, including any trademarks, logos, text, sound, images, and software, is prohibited. You obtain no ownership rights over our website or any materials on our website through your use of our website.
Warranty disclaimer and limitation of liability
WE PROVIDE OUR WEBSITE “AS IS” AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION THAT YOU OBTAIN FROM OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN, AND WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM BICCARI OR ITS AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, BUSINESS, PROFITS OR USE) WHETHER BASED ON CONTACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATION TO THE WEBSITE, EVEN IF BICCARI HAS BEEN INFORMED OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BICCARI’S MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF BICCARI’S WEBSITES OR ELECTRONIC SERVICES SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO BICCARI IN THE PAST TWELVE (12) MONTHS OR $100.
The foregoing may be limited or may not apply to you solely to the extent required by law.
Links to our Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. You agree to cooperate with us in immediately ceasing and removing any unauthorized linking or framing.
Biccari is based in the state of Queensland in the Commonwealth of Australia. Our websites and services are only intended to be used by persons located in Australia. We make no claims that our websites or services are accessible or appropriate outside of Australia. If you access our websites our services from outside Australia, you do so on your own initiative and are responsible for compliance with local laws
TERMS AND CONDITIONS
Legal Capacity to Transact
In order to transact with Biccari, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Biccari retains the right to refuse any request made by you. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.
Should Biccari suffer any damage or other losses as a result of a transaction entered into by someone eighteen (18) year and younger, Biccari reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Biccari.
If you are ordering on behalf of a company, have the authority to accept these Terms and Conditions on behalf of that entity.
Terms of Sale
PLACING YOUR ORDER
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
You may place your order by filling in the order form on this website. Unless otherwise provided for in these terms and conditions, you may not cancel or amend your order (including the delivery address, adding items or removing items) after your order has been placed.
Please ensure all details provided are full and correct at the time of order placement.
After placing an order, you will receive an acknowledgement e-mail confirming receipt of your order.
A contract between us for the purchase of the goods will not be formed until your payment has been approved by us.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
Biccari reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Biccari will try and ensure all details, descriptions and prices, which appear on this Website, are accurate. If we discover an error in the price or payment of any goods, which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
Biccari reserves the right to change prices for Products displayed on the website at anytime without notice to you.
All prices quoted on this website are inclusive of GST and the total GST paid will be clearly marked on the invoice.
PAYMENT METHODS AND PROCESSING
Biccari accepts payment via Visa, MasterCard & AMEX cards, via Direct Transfer into Biccari’s nominated bank account or via Paypal.
Payments are processed after you click the “Place Order” button.
We will email a tax invoice to you. Your tax invoice is your proof of purchase.
All transactions are processed in Australian dollars.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation.
As the exclusive Australian importer and seller of The Stork Conception Aid we fully support and follow the ACCC consumer guarantees. If an item we sell to you arrives damaged or in poor condition, and unfit for use we will happily replace it. If replacement is not an option then we may offer credit or refund.
If you receive product that is different from what is shown on our website, or is different from what you ordered we are happy to replace the item with the correct item that you originally ordered.
Where the item may no longer be available, we may offer a credit or refund.
CHANGE OF MIND
If you change your mind, Biccari unfortunately cannot accept returns or process a credit or refund.
Due to the nature of The Stork® we are unable to accept returns.
Please contact Customer Service on (07) 5470 2708 or [email protected] for any questions on your order or product or with any feedback.
Delivery Charges are outlined within our Shipping Policy, and are subject to change at any time without notice.
We aim to dispatch orders within one (1) to two (2) business days of receipt. If orders have not been dispatched within 2 business days we will contact you with more information about your order.
Orders will be sent via Australia Post. We offer two different shipping options – Standard and Express. Please read the Shipping Policy for details.
To ensure prompt delivery, please make sure you enter the correct delivery address. We cannot be held responsible for incorrectly entered delivery addresses. NOTE: We are unable to deliver to P.O. Boxes.
As your order will require signature on delivery, if you believe you may not be home at the time of delivery it may be advantageous to use an alternate address, such as your place of employment.
Once purchases have been dispatched, we cannot be held responsible for items lost or damaged in transit.
Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your order has not arrived after the estimated delivery time, please contact us.
Title and risk of loss to all products will pass to you on delivery.
Limitation of Liability
Nothing in these Terms exclude or modify or purports to limit, exclude or modify the statutory implied guarantees/warranties as provided under the ASIC Act or the Competition and Consumer Act including the statutory consumer guarantees under the Australian Consumer Law or similar laws in the State and Territories of Australia (Non-Excludable Guarantees).
Other than liability that cannot by law be excluded, including the Non-Excludable Guarantees, we (including our respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the use or access to the Website.
We reserve the right to amend or supplement the information supplied on this website without prior notice.
You shall not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of Biccari. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Terms constitutes a waiver of such Term of Site Use or Term or Condition. Such failure shall in no way affects the right to later enforce such Terms.
Biccari reserves the right to change the Terms at any time.
Biccari shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Biccari.
You agree to defend, indemnify and hold harmless Biccari and its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.
Governing Law and Dispute Resolution
These Terms shall be governed by the law of Queensland, Australia. Any dispute relating thereto shall be brought exclusively in the state or federal courts of the Commonwealth of Australia. Both parties hereby consent to personal jurisdiction and venue in the Commonwealth of Australia and waive any objections thereto.
If Biccari waives compliance with any of the Terms herein on one occasion, such waiver shall not constitute a waiver of any of the Terms on any other occasion.
If any provision of these Terms is found to be unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms constitute the entire agreement between you and Biccari regarding their subject matter, superseding any prior communication, representation, or agreement, written or oral, between you and Biccari with respect thereto.
Copyright © 2017 Biccari Holding Pty Ltd. All rights reserved.
The Stork® is a registered trademark of Rinovum Women’s Health Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
If you have any questions regarding these Terms, you may contact us using the information below.
13/8 Selkirk Drive
Noosaville QLD 4566