Terms Of Trade
This website is owned and operated by MyCPAP ABN 93 383 176 585 ("MyCPAP ", "we" or "us").
Any person ("you") who uses this website to purchase goods will be taken to have read and understood, and agreed to be bound by, our trading terms and conditions ("Terms of Trade"), which are set out below.
We reserve the right to amend or supplement the Terms of Trade at any time without providing notice to you. Any reference to the Terms of Trade includes the Terms of Trade as so amended or supplemented.
Ordering, delivery and payment of goods
Orders for goods may only be placed in the manner set out on the Order process web page.
No order will be dispatched to our distribution agent ("agent") before payment has been received to our satisfaction.
Although we will advise you in good faith of the estimated date and time of the delivery of the goods, we accept no liability for any delay in delivery that may occur. No order may be cancelled by you by reason of any such delay.
You will not be charged any additional amount for any face-to-face consultation that may be provided to you by our agent at the time you collect the goods. However, you may be charged a consultation fee for any subsequent clinical support you may receive from our agent.
Goods must be examined by you as soon as they are received.
In the case of damage or other defect, you must notify our agent, by phone or email, within 48 hours of receipt, giving details of the nature of the damage or defect.
You must return any damaged or defective goods to our agent or contact MyCPAP as soon as possible after noticing the damage or defect, to enable any warranty claim to be made (see further below).
If upon the return of the goods , we are satisfied that the goods are damaged or defective, and that the manufacturer's warranty applies, then either:
(i) we will arrange for the damaged or defective goods to be repaired,
(ii) if the damaged or defective goods cannot
be repaired then, subject to availability of stock, we will
dispatch a replacement item to our agent for delivery to you as
soon as practicable.
Return of non-defective goods
If you wish to return any goods to us, you may only do so if such goods are:
- unopened, ie still in their original packaging
- not damaged or defective in any way
- returned to our agent within 14 days of their original receipt by you
The cost of returning the goods to us is to be borne by you.
Until we have received the goods so returned by you, the risk of any loss, non-delivery, damage to or deterioration of such goods from any cause whatsoever is to be borne by you, and we will not be liable for any consequential damages arising from any such event.
If upon the return of the goods to us or our agent, we are satisfied that the goods so returned are not damaged or defective in any way, and are thus still in a saleable condition, we will refund to the amount originally expended by you in purchasing the goods.
Upon your purchase of any goods, you will be entitled to receive such warranties as are made available to purchasers by the relevant manufacturer of the goods, normally 2 years for CPAP machines and 3 months for masks.
Except as is specified below, any condition or warranty on our part which would otherwise be implied in the Terms of Trade is hereby excluded.
Where legislation implies in the Terms of Trade any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in the Terms of Trade.
However, our liability for any breach of such condition or warranty will be limited, at our option, to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment
of the cost of having the services supplied again.