1.1 What these terms cover. These are the terms and conditions on which we supply the make and model of the products stated in the order (“Products”) to you on the basis that you are loaning the Products from us.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are loaning the Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms
constitute the entire contract between us in relation to the loan of the Products. You acknowledge that you have not relied on any
statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that
you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract.
2. Information about us and how to contact us
2.1 Who we are. We are DBD St Leonards trading as Jointli St Leonards a company registered in Australia. Our company
registration number is 82655949198 and our registered office is at Level 2, 500 Pacific Highway, St Leonards NSW 2065.
2.2 How to contact us. You can contact us by telephoning our customer service team at 02 9131 8344 or emailing
hello@jointli.com.au.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms,
this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the cost of the order. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We only supply to the AU. Our website is solely for the promotion of our Products in the Australia. Unfortunately, we
do not accept orders from addresses outside the Australia.
4. Loan
We are loaning, and you are taking on the temporary responsibility for the period stated in the order (“Loan Period”).
5. Loan charges and payment
5.1 Where to find the loan charges for the Products. The loan charges for the Products will be the total charges indicated on the order pages when you place your order where GST be included in the final amount. We take all reasonable care to ensure that the loan charges for the Products advised to you are correct. However, please see Condition 5.2 for what happens if we discover an error in the loan charges provided.
5.2 What happens if we got the loan charges wrong. It is always possible that, despite our best efforts, some of the Products we loan out may be incorrectly charged. We will normally check all charges before accepting your order so that, where the Products’ correct charges at your order date are less than our stated price at your order date, we will charge the lower amount. If the correct charges at your order date are higher than the charges stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a charging error is obvious and unmistakeable and could reasonably have been recognised by you as a mischarging, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
5.3 When you must pay and how you must pay. You must pay the loan charges for Products for the Loan Period in full before we dispatch the Products. You must provide us with valid credit card details for the duration of the Loan Period and you agree that we may take additional charges in accordance with these terms using the details provided (“Payment Details”).
5.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us
under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as
required by law).
6. Our Products
6.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes
only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the
colours accurately reflects the colour of the Products. Your product may vary slightly from those images.
7. Your rights to make changes
7.1 If you wish to make a change to the Products you have ordered please contact us. We will let you know if the change is
possible. If it is possible we will let you know about any changes to the loan charges for the Products, the timing of supply or anything
else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8. Providing the Products
8.1 Delivery. The costs of delivery (Sydney Metro) will be as displayed to you on our website. For outside of Sydney Metro you will be advised of costs prior to courier booking.
8.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you. We shall not be obliged to deliver the Products until your right to cancel the contract has expired without being exercised (see Condition Exercising your right to change your mind if you are a consumer (Australian Competition & Consumer Commission - ACCC). If you are a consumer then for most products hired online you have a legal right to change your mind within 14 days and receive a refund and time is not of the essence of the contract.
8.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
8.4 If you are not at your address when the Products are delivered. All deliveries are carried out by our allocated courier. If no one is available at your address to take delivery, our courier will leave you a note informing you of how to re-arrange delivery.
8.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for the storage costs and any further delivery costs and apply such charges using your Payment Details. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Condition Our rights to end the contract will apply.
8.6 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to deal with technical problems or make minor technical changes.
8.7 Adjustment to the Loan Period. If delivery is delayed from the date specified on the order, the Loan Period and the specified collection date will be adjusted accordingly.
9. Your obligations
9.1 Use. You shall only use the Products in accordance with the instructions supplied by us. You shall not interfere with
the Products or tamper with any part of the Products, nor allow anyone except our representative to do any of these things.
9.2 Loss or damage. You shall be responsible for loss of or damage (fair wear and tear excepted) to the Products whilst
in your possession howsoever caused and you must notify us immediately of any such loss or damage. If you lose or damage the Products, we
shall be entitled to charge you using your Payment Details applying the below tariffs:
| Loss / Damage - PHYSIOLAB | Charges payable |
| Loss of S1 Portable |
$4000 |
|
Damage to the Product that renders the Product unusable and which cannot be repaired by purchasing a replacement part |
$450 |
| Damaged Case |
$450 |
| Product returned with water/ice still present |
$50 |
| Lost or damaged power lead |
$50 |
| Damaged or excessively soiled therapy pack |
$450 |
| Lost or damaged tank |
$450 |
| Hose |
$450 |
| Damaged power input jack |
$150 |
| Other Damage |
Cost will be advised after assessment. |
9.3 Prohibition against sale etc. You shall not sell, underlet or dispose of the Products, nor
allow them to be seized in satisfaction of your debts or for any other legal process, and you indemnify us against all losses, costs,
claims, damage and expenses howsoever occasioned by your breach.
9.4 Tracing. You shall provide:
(4.a) such information and assistance as we may require to comply with any legal or contractual obligations on us to track, trace and/or recall any Products; and
(4.b) any information concerning any possible defects in relation to safety, standard or condition of the Products.
10. Intellectual property
10.1 Intellectual property. You acknowledge that all patents, rights to inventions, copyrights,
design rights, rights to confidentiality, and other intellectual property rights in the Products and in the names of the Products, in any
part of the world, are and shall remain our property, and that no right, title, interest, or licence is given to you in or under such
intellectual property rights.
11. End of the Loan Period
11.1 Extending the Loan Period. If you wish to extend the Loan Period, you must contact us and we must confirm the extension in writing at least 72 hours before the specified collection date. Payment for extensions to the Loan Period will be processed using your Payment Details.
11.2 Returning the Products. You must contact us to arrange collection by our courier at least 72 hours before the specified collection date. If you are exercising your right to end the contract in accordance with Condition 12 please ensure you enclose within your return your order reference number, name and reason for return.
11.3 Late collection. If you fail to contact us to arrange collection of the Products in accordance with Condition Returning the Products. You must contact us to arrange collection by our courier at least 72 hours before the specified collection date., the following charges will be applied using your Payment Details:
(3.a) the daily loan rate for the Products for each day that the Products have not been returned to us after the specified collection date (worked out pro rata from loan fee); and
(3.b) a late return charge of $100, if the Products are returned within 72 hours of the specified collection date; or
(3.c) a late return charge of $100, if the Products are returned after 72 hours of the specified collection date.
12. Your rights to end the contract
12.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund in full the loan charges paid for any Products which have not been provided. The reasons are:
(1.a) we have told you about an error in the loan charges for the Products or the description of the Products and you do not wish to proceed;
(1.b) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
(1.c) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
(1.d) you have a legal right to end the contract because of something we have done wrong.
12.2 Exercising your right to change your mind if you are a consumer (Australian Competition & Consumer Commission). If you are a consumer then for most products hired online you have a legal right to change your mind within 14 days and receive a refund.
13. How to end the contract with us (including if you are a consumer who has changed their mind)
13.1 Tell us you want to end the contract. To end the contract with us, please contact us. A member of our team will register your return and provide you with a return reference number and arrange a convenient time and date for collection of the Products.
13.2 When we will pay the costs of return. We will pay the costs of return:
(2.a) if the Products are faulty or misdescribed;
(2.b) if you are ending the contract because of an error in the loan charges or the description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
(2.c) if your contract has come to its natural end and collection is required and inclusive of the Loan Charge paid. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
13.3 How we will refund you. If you are entitled to a refund under these terms we will refund you the sums you have paid, using your Payment Details. However, we may make deductions from refunds, as described below.
13.4 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund (excluding delivery costs):
(4.a) to reflect the period of loan that you could use the Products. You shall only entitled to a refund for the loan charges paid in respect of the period commencing on the date the Products are collected by our allocated courier and ending on the last day of the original Loan Period; and
(4.b) to reflect any reduction in the value of the Products applying (if relevant) the tariffs set out in Condition 9.2. If we refund you before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
13.5 When your refund will be made. We will make any refunds due to you within 14 days from the day
on which we receive the Products back from you via our courier.
14. Our rights to end the contract
14.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(1.a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(1.b) you do not, within a reasonable time, allow us to deliver the Products to you; or
(1.c) you are in material breach of any of these terms.
15. If there is a problem with the Products
15.1 How to tell us about problems. If you have any questions or complaints about the Products, please contact us.
15.2 When to tell us about problems. You must give us notice in writing within 48 hours of receipt
that a Product is defective. If you fail to do so and you exercise your legal rights to reject the Products, we may reduce your refund to
reflect the period of the loan that you could use the Products and you shall only be entitled to a refund for the loan charges paid in
respect of the period commencing on the date the Products are collected by our allocated courier and ending on the last day of the
original Loan Period.
16. Your rights in respect of defective products if you are a consumer
16.1 If you are a consumer we are under a legal duty to supply products that are in conformity with the contract.
16.2 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject the Products you
must contact us to arrange collection by our courier.
17. Your rights in respect of defective Products if you are a business
17.1 If you are a business customer we warrant that on delivery the Products shall:
(1.a) conform in all material respects with their description; and
(1.b) be free from material defects in design, material and workmanship.
17.2 Subject to Condition 17.3, if:
(2.a) you give us notice in writing within 48 hours of receipt that a Product does not comply with the warranty set out in Condition 17.1 ;
(2.b) we are given a reasonable opportunity of examining such Product; and
(2.c) you return such Product to us at our cost,
we shall, at our option, repair or replace the defective Product.
17.3 We will not be liable for a Product’s failure to comply with the warranty in Condition 17.1 if:
(3.a) you make any further use of such Product after giving a notice in accordance with Condition 17.2(a);
(3.b) the defect arises because you failed to follow our oral or written instructions as to the use or maintenance of the Product or (if there are none) good trade practice;
(3.c) you alter or repair the Product without our written consent; or
(3.d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
17.4 Except as provided in this Condition 17, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in Condition 17.1.
17.5 These terms shall apply to any repaired or replacement products supplied by us under Condition 17.2.
18. Medical conditions
18.1 Health information. As part of the order process you were required to enter true, complete accurate and not misleading details of your (or the proposed user of the Products’) current state of health, any medical conditions you (or they) have and any medication you (or they) are taking. We shall not be liable for any loss or damage you suffer if the information entered was not true, complete and accurate and/or was misleading at the date it was entered.
18.2 When you should not use the Products. It may not be safe to the use the Products if you have certain medical conditions. Notwithstanding that we have supplied the Products to you because the medical information you entered indicate that it is safe for you to use the Products, you agree not to use the Products if you have, develop or show signs of the medical conditions or symptoms listed on our website. The current list is available at www.jointli.com.au/physiolab.
We shall not be liable for any loss or damage you suffer if you use the Products in breach of this Condition When you should not use the
Products. It may not be safe to the use the Products if you have certain medical conditions. Not withstanding that we have supplied the
Products to you because the medical information you entered indicate that it is safe for you to use the Products, you agree not to use the
Products if you have, develop or show signs of the medical conditions or symptoms.
19. Our responsibility for loss or damage suffered by you if you are a consumer
19.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
19.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at Condition 16.1; and for defective Products under the Competition and Consumer Act 2010.
19.3 We are not liable for business losses. If you are a consumer we only supply the Products for to you for domestic
and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out in
Condition 20.
20. Our responsibility for loss or damage suffered by you if you are a business
20.1 Nothing in these terms shall limit or exclude our liability for:
(1.a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(1.b) fraud or fraudulent misrepresentation;
(1.c) breach of the terms implied in Sale of Goods Act 1954;
(1.d) defective Products under the Competition and Consumer Act 2010; or
(1.e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
20.2 Subject to Condition 20.1:
(2.a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(2.b) our total liability to you for all other losses arising under or in connection with any contract between us, whether
in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total charges paid by
you to loan the Products under such contract.
21 .How we may use your personal information
21.1 Assignment. We shall be entitled at any time to assign the benefit of the contract provided that this does not detrimentally affect your rights under it. You may not transfer your obligations under the contract.
21.2 Nobody else has any rights under the contract (except someone you pass your guarantee on to). The contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.3 If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.4 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
21.5 Which laws apply to the contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Australian law and you can bring legal proceedings in respect of the Products in the Australian courts.
21.6 Which laws apply to the contract and where you may bring legal proceedings if you are a business.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation
(including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia and shall have
exclusive jurisdiction to settle any such dispute or claim.