Terms and Conditions
Welcome to Aimwell!
These terms and conditions outline the rules and regulations for the access and use of Aimwell Pty. Ltd. (ABN 68 652 924 957) ‘s Website, located at https://aimwellbreathing.com/
By accessing this website you agree to accept these terms and conditions. Do not continue to access or use this Website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
You may not access or use our Website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Cookies and License
We use of cookies to provide you with a better experience. These cookies allow us to increase your security by storing your session ID and are a way of monitoring single user access. By accessing our Website, you acknowledge and agree the use of cookies.
This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.
The copyright to all content on this website including applets, graphics, images, layouts, and text belongs to us or we have a licence to use those materials.
All trademarks, brands, and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission. When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
You must not:
- Republish material from our Website without acknowledging our Website
- Sell, rent or sub-license material from our Website
- Reproduce, duplicate or copy material from our Website
- Redistribute content from our Website
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. By posting your own materials on our Website, you hereby grant us an irrevocable, perpetual, nonexclusive, royalty-free, fully paid-up, worldwide license to use, copy, modify, and display all or any portion of works you provided to us and incorporated into any custom-made products developed and delivered to you.
You acknowledge and agree that we are allowed to remove, moderate, filter, edit, publish or review comments prior to any materials you posted on the Website at our own discretion. comments do not reflect the views and opinions of us, our agents and/or affiliates.
You acknowledge and agree to indemnify us and hold us no harm from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Website.
You must not post any materials that:
- are against our company policies;
- break any law, or infringe any including intellectual property right, such as copyright, patent or trademark of any third party;
- contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
- use to solicit or promote business or custom or present commercial activities or unlawful activity.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Product Descriptions
We strive to ensure that our products are described as accurately as possible on our website. However, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
When you order any product from us, we require you to provide your name, address for delivery, your email address, telephone contact, and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to any error in transmission or virus or malware.
We undertake to accept or reject your order within Three (3) days. If we have not responded to you within Three (3) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction, we may give you the option to take out carrier insurance.
Order Cancellation Due To Error
We make every attempt to avoid errors in pricing and product information, however, on the very rare occasion that a mistake occurs, we reserve the right to correct it.
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
If the goods under the order have been shipped prior to the error being noticed, you agree to return the goods or pay the price difference. We agree to pay for the reasonable costs of returning the goods to us.
Product Returns
We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to the return of such goods.
We, at our discretion, may undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within Thirty (30) days of purchase however we will not provide any refund of such purchase.
An item cannot be considered in original condition if it shows signs of been worn, has been altered in anyway, has been resized or damaged in anyway (this includes damage in transit while being returned).
Where any such returns are agreed, we are entitled to charge from the refunded amount to the purchaser costs for any restocking fees and/or labour costs – we will notify you of these costs prior to you deciding whether or not to return the goods to us. If undamaged goods are returned to us for exchange, we also do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
If we are unable at the time of return to replace or exchange faulty or defective goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
Disclaimers
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
We endeavour to ensure that the images on our website represent the products as accurately as possible. The appearance of the products may vary, due to your monitor settings, pixel definitions or our digital photography lighting etc. Therefore we cannot guarantee that the sizing and colour will be rendered correctly on your screen and all images are intended solely as a guide only and cannot be relied upon.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
We have full discretion to refund any services that have been carried out or shipping charges for products that have been shipped.
Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act, we are a supplier of either goods or services or both to you, and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
(i) Schedule 2 of the C&C Act; and
(ii) those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
(i) We will repair or replace the goods or any part of them that is defective; or
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
Limitation of Liability
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer within the meaning of Schedule 2 of the C&C Act:-
(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
(ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
(iv) We do not participate in any way in the transactions between our users.
To the extended permitted by law, you agree and acknowledge that the maximum damages or loses that you may claim from us is limited to the amount you pay us within the 3 months from the cause of action arises.
Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs, and expenses including legal fees arising from or in connection with your use of our Website.
Force Majeure
If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy page.