Terms & Conditions for the Circadian Australia website
Terms and Conditions of Sale
In these Terms and Conditions of Sale (“Conditions of Sale”), “we” or “us” or “Circadian” means Circadian Holdings Australia Pty Ltd Trading as Circadian Australia (40 138 066 065) and “you” means the person, organisation or entity that purchased the products or related services from us.
Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased online or over the telephone.
You may place an order with us over the telephone or by completing and submitting to us an online order form on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products. You must not order products or services from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.
Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our sales team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your telephone order.
We (PayPal) will let you have an “order reference number” via a confirmation email once your checkout process is complete. However, if you are paying by Direct Bank Debit, we will not complete your order until your payment has passed our internal validation procedures. Once your payment has been validated, we will process your order.
Once you have received an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products. Subject to clause 1.1.2, no changes to these Conditions of Sale will be effective unless we both agree to the changes in writing. If you wish to cancel your order we ask that you advise us at least one (1) business day before your planned delivery date and you will receive a full refund subject to these Conditions of Sale.
If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
Price and Payment
The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST unless otherwise noted on our website. Subject to clause 1.9.6, we make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.
We accept payment by PayPal or Direct Bank Debit.
Whilst we employ the latest technology and use Paypal’s Payflow secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
Your tax invoice will be sent to you via email at the completion of the order and payment process. Your tax invoice is your proof of purchase and may be required for any warranty claims.
All deliveries via our online store will be supplied digitally and will be dispatched to the email address that is supplied at time of purchase.
Returns and Refunds
If you change your mind about a purchase or order an incorrect product we will accept returns within 5 days of purchase. Administration will contact the client directly regarding wrong purchases and refunds.
Any refund will be by the same payment method used to purchase the product.
These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.
These Conditions of Sale are governed by the laws of Queensland, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
If you need to contact us for any reason, please do so using the contact details below:
Phone: +61 (0) 7 3848 9148
Fax: +61 (0) 7 3319 6602