1. Terms of Use:
- Welcome to betterlegs.com.au (the ‘Website‘).
- This Website is operated by Better Legs Australia Pty Ltd.
- This site allows its visitors to browse and purchase different products that are listed for on the site (the ‘Products‘).
- The Website offers this service by allowing you to access the Website’s content (the ‘Purchase Services‘).
- Please read the following terms and conditions of use (the ‘Terms‘) carefully before using this Website.
- All users of this Website agree that access to and use of this Websites are subject to the following Terms and conditions and any other applicable law.
- If you do not agree to any of these Terms, please refrain from using this Website or any odd the purchase services immediately.
- Better Legs Australia Pty Ltd reserves the right to update any of these Terms by changing/adding to the contents of this page at its discretion.
- Any updates to the Terms take effect immediately from the date they are published online.
- Better Legs Australia Pty Ltd will use reasonable means to give you notice of any updates to these Terms.
2. Acceptance of the Terms:
- By remaining on the Website, you accept the Terms.
- You also accept these Terms by clicking to accept or choosing to agree to the Terms if Better Legs Australia Pty Ltd ever makes this option available to you online.
3. Purchase of Products:
- In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
- Payment of the Purchase Price may be made by one of the following third party providers:
a. PayPal
b. SecurePay - In using the Purchase services, you agree that you are familiar with, and agree to be bounded by, the applicable Terms of Use and other relevant legal documentation provided by the Payment Gateway Providers.
- Upon payment of the Purchase Price being confirmed by Better Legs Australia Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Better Legs Australia Pty Ltd may record your purchase details for future use.
- Better Legs Australia Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a perfectly saleable condition.
- You understand, acknowledge and agree that you are liable for any postage costs related to any refund process pursuant to this clause.
4. Delivery Service:
- You acknowledge that the Purchase Services offered by Supplies Australia Pty Ltd integrate the delivery (the ‘Delivery Service‘) through the use of third party delivery companies (collectively the ‘Delivery Service Providers‘).
- In providing the Purchase Services, Better Legs Australia Pty Ltd may provide you with a variety of delivery and insurance options.
- You acknowledge and agree that Better Legs Australia Pty Ltd is not the provider of these delivery and insurance options and solely facilitates your interaction with the Delivery Service Providers.
- Better Legs Australia Pty Ltd offers free shipping in Australia for orders over $200.
- You acknowledge that Better Legs Australia Pty Ltd can change any of the shipping policies, practices and prices, such as discounts on large orders, at any time.
- Any updates to shipping policies, practices and prices will take effect immediately from the date that these updates are posted online.
- Better Legs Australia Pty Ltd will make every reasonable effort to provide you with notice of updates to our shipping policies, practices and prices.
- Generally, items are sent using Australia Post and sometimes via alternative courier services.
- Please allow 2-5 business days to receive your delivery, when items are in stock.
- Out-of-stock items will be back ordered and posted out as soon as they arrive with us.
- If any delays occur we will contact you immediately.
- In the event that an ordered product is lost or damaged in the course of the Delivery Services, Better Legs Australia Pty Ltd asks that you:
- contact the Delivery Service provider directly to request a refund or claim on any insurance options available; and
- contact us by e-mailing info@vascularsupplies.com, describing how the products were damaged in the post so we can determine the capability and suitability of the given Delivery service Provider.
5. General Participation Disclaimer:
- Better Legs Australia Pty Ltd will make every reasonable effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that colour, packaging and sizes may differ from what is displayed online.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them).
- Subject to this clause, and to the extent permitted by law:
a. all terms, guarantees, warrantied, representations or conditions which are not expressly stated in these Terms are excluded; and
b. Better Legs Australia Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in relation to the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to stature or otherwise. - Use of the Website, including the Purchase and Delivery Services, and any of the Products of Better Legs Australia Pty Ltd, is at your own risk.
- This Website and the Products and Content on the Website are provided ‘as is’ and you acknowledge that Better Legs Australia Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products and Content other than provided for pursuant to these Terms.
- This includes, but is not limited to, loss or damage you might suffer as a result of any of the following:
a. failure of performance, error, omission interruption, deletion, defect, failure to correct defects, delay in operation of transmission, computer virus or harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration of unauthorized access to records;
b. the accuracy, suitability or currency of any Content published on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
c. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
d. the Content or operation in respect to links which are provided for the User’s convenience
e. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f. any defamatory, threatening, abusive, obscene, offensive or unlawful conduct, communications and/or material of third parties - In the event that a Better Legs Australia Pty Ltd product is mistakenly listed at an incorrect price, Better Legs Australia Pty Ltd reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price.
- Better Legs Australia Pty Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charges.
- If your credit card has already been charged for the purchase and your order is cancelled, Better Legs Australia Pty Ltd shall issue a credit to your credit card account in the amount of the incorrect price.
- Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly prohibited.
- Impersonation of others, including Better Legs Australia Pty Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is also forbidden.
- You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
- You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
6. Warranty:
- The products for sale on this Website come with guarantees that cannot be excluded under the Australian Consumer Law.
- Visitors are entitled to a replacement or refund for a major failure of the Product and are entitled to have the Product repaired or replaced if they fail to be of acceptable quality and the failure does not mount to a major failure (the ‘Warranty‘).
- You may make a claim under this clause (the ‘Warranty Claim‘) for material defects and workmanship in the Products within 12 months from the date of purchase (the ‘Warranty Period‘).
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Better Legs Australia Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Better Legs Australia Pty Ltd, Suite 4, 213 Albany Street North, Gosford, Australia 2250 or by email at info@vascularsupplies.com or by using the Contact Us form on the home page of the Website.
- Where the Warranty Claim is accepted the Better Legs Australia Pty Ltd will, at its sole discretion, wither repair or replace any defective products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labor.
- You understand, acknowledge and agree that you will be solely liable for any postage or return costs incurred in carrying out the Warranty Claim.
- The Warranty shall be the sole and exclusive warranty granted by Better Legs Australia Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights under a law in relation to the Products to which this warranty relates.
- All implied warranties including the warrantied of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7. Returns, refunds & exchanges:
- Better Legs Australia Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 30 days where the product packaging is unopened and remains in a sealable condition.
- You acknowledge and agree that you are liable for any postage cost associated with any refund pursuant to this clause.
- In the unlikely event that you receive the incorrect Product we will cover the cost of returning you the correct sized Product.
- To return an item, place your item in an Express Post envelope, along with a copy of your order confirmation and reason for return.
- Please always contact us before returning any packages.
- Address your package to:
ATT: Better Legs Australia
213 Albany Street North
Gosford
NSW 2250
- All successful refunds will be processed using your original payment method.
- This policy operates in addition to your statutory rights under Australian Consumer Law for returns of faulty goods.
8. Copyright:
- The Website, the Purchase Services and all of the related products of Better Legs Australia Pty Ltd are subject to copyright.
- All material on the Website is copyrighted as a collective work under Australian laws and international treaties
- Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including but not limited to text, logos, graphics, code button icons, video images, software and audio clips) (the ‘Content‘) are owned or controlled for these purposes and are the property of Better Legs Australia Pty Ltd. ALL RIGHTS RESERVED.
- Better Legs Australia Pty Ltd retrains all rights, title and interest in and to the Website and all related Content.
- Nothing you do on, or in relation to, the Website will transfer to you:
a. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Better Legs Australia Pty Ltd; or
b. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
c. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process) - Permission is granted to electronically copy portions of the Content of this Website for the sole purpose of placing an order with Better Legs Australia Pty Ltd or purchasing Better Legs Australia Pty Ltd products.
- Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Website is strictly prohibited, unless authorized by Better Legs Australia Pty Ltd.
- This prohibition does not extend to materials on the Website that are freely available for re-use or are in the public domain.
- You further agree not to change or delete any proprietary notices from Content downloaded from the Website.
- All trademarks, service marks and trade names of Better Legs Australia Pty Ltd used in the Website are trademarks or registered trademarks of Better Legs Australia Pty Ltd.
9. Privacy Policy:
- Better Legs Australia Pty Ltd takes your privacy and confidentiality extremely seriously, and any information provided through the use of the Website and or the Purchase Services are subject to our Privacy Policy.
- Please click here to see the Privacy Policy on a separate page of the Website.
10. Third-Party Links:
- In an attempt to provide increased value to our visitors, Better Legs Australia Pty Ltd may link to sites operated by third parties.
- However, even if the third party is affiliated with Better Legs Australia Pty Ltd, Better Legs Australia Pty Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Better Legs Australia Pty Ltd.
- These linked sites are only for your convenience and therefore you access them at your own risk.
- Nonetheless, Better Legs Australia Pty Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
11. Limitation of Liability:
- Better Legs Australia Pty Ltd’s total liability arising from, or in relation to, the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Better Legs Australia Pty Ltd is the resupply of information of Purchase Services to you.
- You understand, acknowledge and agree that Better Legs Australia Pty Ltd, its affiliates, employees, contributors, agents, directors, third-party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
- This shall include, but is not limited to, any loss or profit, any loss of goodwill or business reputation and any other intangible loss or damage.
- Better Legs Australia Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the purchase Services, whether posted or caused by users of the Website of Vascular supplies Australia Pty Ltd, by third parties or by any of the Purchase Services offered by Better Legs Australia Pty Ltd.
- You understand and agree that Better Legs Australia Pty Ltd does not provide the Delivery Services to you and you acknowledge and agree that Better Legs Australia Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
- Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Termination of Contract:
- These terms and conditions are applicable to you until terminated by either you or by Better Legs Australia Pty Ltd as established below.
- If you wish to terminate the Terms, you may do so by:
a. notifying Better Legs Australia Pty Ltd at any time; and
b. closing your accounts for all of the Purchase Service, which you use, where Better Legs Australia Pty Ltd has made this option available to you. - Your notice should be sent in writing, to Better Legs Australia Pty Ltd, via the ‘Contact Us’ link on our homepage.
- Better Legs Australia Pty Ltd may terminate these terms and conditions, or any part of them, without any notice at any time, if:
a. you have violated any provision of the Terms or intend to breach any provision;
b. vascular Supplies Australia Pty Ltd is required to do so by law;
c. the partner with whom Better Legs Australia Pty ltd offered the Purchase Services to you has terminated its relationship with Vascular supplies Australia Pty Ltd or ceased to offer the Purchase Services to you;
d. the provision of the Purchase Services to you by Better Legs Australia Pty Ltd is, in the opinion of Better Legs Australia Pty Ltd, no longer commercially viable. - Subject to local applicable laws, Better Legs Australia Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website of the purchase Services without notice if you violate any provision of the Terms or any applicable law or if your behavior affects the reputation of Better Legs Australia Pty Ltd or breached the rights of those of another party.
- If the Term does come to an end, all of the legal rights, obligations and liabilities that you and Vascular supplies Australia Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation of terms, and the provisions relating to any or these Terms, shall survive any termination of contract.
13. Indemnification:
- You agree to indemnify Better Legs Australia Pty Ltd, its affiliates, employees, agents, officers, directors, contributors, third party content providers, licensors and suppliers (collectively the ‘Service Providers’) from and against:
a. all liabilities, demands, actions, suits, claims, expenses, costs, loss and damage (including legal fees on a full indemnity basis) resulting from any breach or violation of these Terms or any activity related to your account, including any Content you post on the Website, or any other negligent or wrongful conduct by you or any other person accessing the site using your account.
b. any direct or indirect consequences of you accessing, using or transacting on this Website or attempts to do so.
14. Dispute Resolution:
- If a dispute arises regarding the Terms, either party may not start any Court or Tribunal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort)
- Notice:
A party to the terms claiming a dispute (the ‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute - Resolution:
On receipt of that notice (the ‘Notice‘) by that other party, the parties to the terms (the ‘Parties‘) must:
a. within 7 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b. if for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Partied must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
c. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition too the mediation commencing. The Parties must each pay their own costs associated with the mediation;
d. the mediation will be held in New South Wales, Australia.
- Notice:
- The laws of New South Wales, Australia, govern the Terms of this Website.
- The Website, including the Content and Purchase Services offered by Better Legs Australia Pty Ltd is intended to be viewed by residents of Australia.
- Any Dispute whatsoever arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
- If any dispute arises out of or in relation to the Terms of the Website, you agree that the exclusive venue for resolving any dispute is in the courts of New South Wales, Australia.
- The validity of this governing law clause is not contested.
- The terms shall be biding to the benefit of the Parties hereto and their successors and assigns.
15. Independent Legal Advice:
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain legal advice and declare the Terms are not against public policy on the grounds of inequity or bargaining power or general grounds of restraint of trade.
16. Severance:
- If any party of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be served and the rest of the Terms shall remain in force.
17. Our Guarantee:
- Better Legs Australia Pty Ltd aims to deliver an exceptional shopping experience.
- We want to ensure you are completely satisfied with your purchase.
- We understand that there may be rare occasions when you are not completely satisfied, and it is important for us to hear your feedback.
- Simply email us your questions at info@vascularsupplies.com or call us Monday to Friday 9.00am – 5.00pm (AEST) and we will be to discuss your questions in person.
