Access to and use of this website (“The Alpha Physio Website”) which is currently accessible via the domain name of alphaphysio.com.au is provided subject to the legal statement and the terms and conditions of sale listed on our website. Please read our Privacy Policy to see how we use any personal information gathered from the use of the Alpha Physio website and our Legal Statement for general terms and conditions.

 

PLEASE READ ALL THESE TERMS AND CONDITIONS CAREFULLY AS USE OF THIS WEBSITE
CONSTITUTES FULL ACCEPTANCE OF THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY.

User Accounts

You may access and/or use the website as a guest or as a member. However if you are purchasing products and choose to use the website as a guest, you will not be able to log in and check your order details or manage your personal details. To become a member of the website, you must:

• accept all terms and conditions listed on this website;
• agree that you have entered into a legal contract with Alpha Physio and that all terms and conditions listed on this website constitute the entire agreement between you and Alpha Physio for the supply of products or services;
• be at least eighteen (18) years of age;
• provide your name and address, telephone number, a valid email address, and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you; and
• agree to keep your membership details current at all times by accessing your account via the website.

Only one registration per email address is permitted and you must not use another member’s account without permission. You must keep your password secure and not share it with anyone as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account. If you forget your password you may click on the relevant link located on the website and further instructions will be emailed to you.

Alpha Physio reserves the right to terminate any account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms, and reserves the right to take legal action against and/or seek compensation from the parent or guardian or a minor who causes and order to be placed or for any loss or damage that Alpha Physio may suffer as a result of any transaction entered into by a minor.

Orders and Payments

Representations of products for sale made by Alpha Physio via the website do not constitute an offer to sell but an invitation to treat.

You and Alpha Physio may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

• placing an online order for the product/s via the website;
• you confirming the order in accordance with the procedure on the website;
• you making full payment for the order including applicable delivery charges; and
• Alpha Physio accepts your offer.

All orders should be carefully previewed before finalising and making payment. Once you have placed your order, you cannot cancel or revoke your order, unless expressly provided for in the terms and conditions listed on this website.

You also acknowledge that:

• the transmission of your offer or the confirmation of any payment, made via any electronic means may not be received by Alpha Physio for reasons beyond either parties’ control including but not limited to: electronic, mechanical, software, computer, or telecommunications failure, or the failure of third party website providers or systems;
• to the extent permitted by law, Alpha Phyiso is not liable to you in any way for any loss or damage at all arising directly or indirectly in connection with electronic transmission through the website, or any failure to receive an electronic instruction for whatever reason;
• Alpha Physio may process all completed electronic transmissions made via the website without further consent from or reference to you; and
• Alpha Physio may treat an electronic transmission as authentic and is under no obligation to investigate the authenticity or authority of persons performing such electronic transactions, or to verify the accuracy and completeness of such electronic transmissions.

If your order is accepted by Alpha Physio, you will receive a confirmation email as soon as practicable after you have completed the order and made full payment. If you have any questions regarding your order, you should contact us. If your order is not accepted by Alpha Physio, Alpha Physio will make every reasonable effort to contact you regarding your order. Alpha Physio may, in its sole discretion, accept or reject any offer made by you for any reason, including but not limited to an error in the advertised price for, or description of, the products on the website, or an error in your order. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Alpha Physio cannot supply a particular product, Alpha Physio will make every reasonable effort to contact you regarding your order. An order will be deemed to have been accepted when your order is delivered to your specified delivery address or on collection of your order from Alpha Physio’s physical location.

Prices shown are in Australian (AU) dollars and include GST where applicable and are subject to change at any time without notice. Prices shown do not include delivery and handling charges. Any published saving in respect of a product is by reference to the normal ticketed price of products listed on Alpha Physio. Images of products shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of any products are not included in the price. Alpha Physio reserves the right to correct any errors published on the website.

All payments must be made in full prior to delivery of your order being organised, and must be made via the PayPal secure payment gateway facility accessible via the website and will be subject to any terms and conditions of PayPal. You therefore agree to and are bound by all terms and conditions of PayPal. To the extent permitted by law, Alpha Physio will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a PayPal account is fraudulently used or is used in an unauthorised manner.

Supply and Delivery

Subject to you complying with the terms and conditions listed on this website and acceptance of your order by Alpha Physio, Alpha Physio will sell and supply the products to you as shown on your order confirmation. Some products may not be available for immediate delivery and will be delivered as soon as practicable.

When you complete your order you will be prompted to in put a delivery address. It is your sole responsibility to ensure that your delivery address is correct and Alpha Physio will take no responsibility whatsoever for delivery issues relating to incorrect address information supplied by you.

The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes. You will be required to be available in person to accept delivery of your order. You must advise at the time you place your order via the website of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location, you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist. Alpha Physio cannot and will not accept responsibility for delivery failures or delays by any third party delivery contractor.

If you wish to change the delivery date or delivery address you must contact us at least forty-eight (48) hours prior to the dispatch of your order. Alpha Physio will take no responsibility whatsoever for delivery issues relating to such changes not made within this time frame.

Alpha Physio will use its best endeavours to deliver your order within any stated timeframes for dispatch, however Alpha Physio does not warrant that these timeframes will always be met, as many factors may affect these timeframes that are completely outside Alpha Physio’s control and Alpha Physio will not be held responsible for any issues relating to delivery times.

Title and risk in the products, such as loss and damage, pass to you once the order has been processed by Alpha Physio and delivery has been authorised/begun by any third party delivery contractor.

Disclaimer and Indemnity

To the extent permitted by law, Alpha Physio excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to this website including, but not limited to, loss or damage you might suffer as a result of:

• anything mentioned in any other terms and conditions listed on this website;
• errors, mistakes, or inaccuracies on the website;
• you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
• personal injury or property damage of any kind resulting from your access or use of the website or products/services supplied;
• any unauthorised access to or use of the websites secure servers;
• any interruption or cessation of transmission to or from the website;
• any bugs, viruses, trojan horses, or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
• the quality or fitness for any purpose of any products, services, or of any linked sites.

Except as expressly provided in the terms and conditions listed on this website, and to the fullest extent allowed by the law, Alpha Physio will not be liable for any direct, indirect, special, incidental, or consequential damages arising out of your access to or use of the website and/or products and services supplied.

You will at all times indemnify, and keep indemnified, Alpha Physio from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action, or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

Damaged or Faulty Products and Refund Policy

If any product ordered by you arrives damaged or is not of acceptable quality you may have:

• rights under our Refund, Returns and Repair Policy; and/or
• legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory.

If your order arrives damaged, please contact Alpha Physio immediately.

Refund, Return, and Repair Policy

This Refund, Return, and Repair Policy is applicable to products purchased from the Alpha Physio website only. We therefore recommend you read this policy prior to making a purchase from Alpha Physio so you are familiar with our policy on refunds, returns, and repairs and further recommend you also make yourself aware of your rights under the Australian Consumer Law. Alpha Physio will not be held responsible for your knowledge or lack thereof of these rights.

We also recommend you immediately inspect any goods that are delivered to you to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided to you.

Change of Mind

Please choose carefully as refunds are not provided where you have changed your mind, made a wrong selection, or simply found the goods cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order.

Consumer Guarantees and Your Rights Under the Australian Consumer Law

Under the Australian Consumer Law, you have guaranteed legal rights for goods and services you purchase. These are called consumer guarantees.

All goods sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

There are nine consumer guarantees that apply to goods you purchase:

• Acceptable quality
• Fit for a particular purpose
• Match description
• Match the sample or demonstration model
• Express warranties will be honoured
• Spare parts and repair facilities will be available for a reasonable time after purchase
• Title to the goods
• Undisturbed possession of the goods
• No undisclosed securities on the goods

Consumer guarantees cannot be excluded and are in addition to any extended warranty you purchase or any voluntary warranty (warranty against defects) you are given. However there may be circumstances where you are not entitled to a remedy. For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.

Goods Damaged in Transit

If any goods arrive damaged, please contact us as soon as possible with all relevant details of the order, delivery issues, and photographic proof of the issues. Alpha Physio will then investigate the issue and refer you to the third party delivery company in the instance that you have purchased delivery with insurance, or arrange for either replacement of the goods or a refund at our sole discretion. Damaged goods must be returned in the condition received by you with all original packaging, accessories, and/or manuals at your own cost.

Refunds

Where Alpha Physio decides a refund is warranted, refunds will be processed as soon as practicable and only via the payment method used to order the product/s.

Returns and Repairs

If any goods arrive damaged, may be applicable for returns, or require repair, you must contact Alpha Physio immediately. Once approval to return goods has been obtained, goods must be returned within a reasonable time. This timeframe may vary from product to product and may depend on the type of product you purchased and the price you paid. Goods returned for repair will be assessed and/or repaired within a reasonable time. The repair time may vary due to reasons beyond Alpha Physio’s control or the repairer’s control, such as part availability and incorrect fault description.

You may be required to pay labour, assessment, and/or freight fees, for instances including but not limited to, where goods are assessed to have been damaged by misuse or accident, or where your rights under the Australian Consumer Law or any manufacturer’s warranty do not apply. We may provide you with an indicative fee, which may vary due to reasons beyond Alpha Physio’s control.

If any goods that you return are capable of retaining user generated data, the replacement or repair of the goods may result in loss of the data. In these circumstances, we recommend you back up data to prevent data loss, and remove sensitive or confidential data, as a party assessing and/or repairing your goods may be required to view data in the course of carrying out the assessment. We will not be responsible for any data loss.

In some circumstances, goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Contacting Us

If you have any queries or concerns about these terms and conditions of sale, you can contact us as below:

Alpha Physio
50 Sumners Rd, Sumner, QLD, 4074
info@alphaphysio.com.au
(07) 3279 3871