To the fullest extent legally possible, all dealings between Homoeopathy for Health (“Companyâ€) and any Customer ("Customer") relating to any products sold herein services are subject to the following terms and conditions of trade unless otherwise agreed in writing.
Terms of Supply - All goods sold or supplied by the Company to the Customer are sold on these terms and conditions. These terms and conditions (which can only be waived in writing by the Company) shall prevail over the terms and conditions of the Customer''s order to the extent of any inconsistency.
Payments - Payments are to be made by direct bank deposit, credit card (Mastercard, Bankcard, Visa), cheque or bank cheque without deduction unless otherwise agreed.
Delivery - Any delivery times made known to the Customer are estimates only. The Company shall not be liable for any late delivery and the Company
shall not be liable for any loss, damage or delay occasioned to the Customer
or any other persons arising from late delivery.
Credit Limit The grant of any credit facility is not possible via this website apart from the credit card facilities available of Visa/Mastercard/Bankcard.
Retention of Title
1. The Customer acknowledges that the goods are and will remain the sole property of the Company, and that the Customer will be a Bailee of them only until such time as they have been paid for, on-sold or all debts owing to the Company have been paid.
2. Until such time as the Purchase Price has been paid in full, the Company may enter the Customer''s premises (or the premises of any associated person where the Products are located) whithout liability for trespass or any resulting damage and re-take the possession of the Products.
3. Despite 1 & 2 above, the Company shall be entitled to maintain an action against the Customer for the Purchase Price.
Cancellation and Return of Goods Policy – The Customer agrees that:
1. The Customer shall at no time cancel the whole or part of any order placed, without the Homoeopathy for Health’s prior approval.
2. The Customer shall not return Products without Homoeopathy for Health’s prior written approval and if Products are not in brand new and unused condition with undamaged packaging, and if three weeks or more have passed since the earliest delivery date.
3. Notwithstanding other provisions of these Terms the Customer shall not return Products without an original invoice as proof of purchase.
4. All freight and incurred charges to be at the Customer''s expense.
Orders The Customer agrees that:
1. Each order it places shall be deemed to include a representation that it is solvent and able to pay all of its debts as and when they fall due; and
2. When any order is placed, the Customer shall inform Homoeopathy for Health of any facts which might reasonably affect any decision to accept the order and/or grant credit and that any failure to do so shall be deemed to create and constitute an inequality of bargaining position, the taking of an unfair advantage of Homoeopathy for Health and to be misleading.
Force Majeur – Homoeopathy for Health shall not be or be deemed to be in default of any contract as a result of Force Majeur. Force Majeur shall include any cause beyond the reasonable control of Homoeopathy for Health including strikes and lockouts and terrorist attack.
Warranty – No warranty is given to the Products manufactured by Homoeopathy for Health that are not used and stored as directed on the labelling of such Products.
Future Supply - it is the responsibility of the buyer to ensure that sufficient goods are purchased as required, as Homoeopathy for Health cannot guarantee future supply of any product.
Liability - Homoeopathy for Health is not liable for any expense or injury arising from the use of any product supplied to the Customer.
Risk - Risk in the Products shall pass to the Customer upon delivery.
Acceptance – The Purchaser acknowledges that its acceptance of the goods is an acceptance of these Terms and Conditions contained herein.
Waiver - Failure or neglect by the Company to enforce any of these terms and conditions shall not be construed as a waiver of the Company''s right or affect the Company''s right to take any subsequent action.
Entire Agreement - These terms and conditions supersed and replace any arrangements, representation, understandings or agreements made or existing between the Customer and the Company and (except as otherwise may be agreed in writing) constitute the entire agreement relating to the supply of the Products. These terms and conditions shall bind the Customer unless the Customer otherwise notifies the Company with two (2) business days of receipt of invoice and promptly returns the Products to the Company in original and saleable condition.
Governing Law - These terms and conditions shall be construed in accordance with the laws of New South Wales.
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