TERMS AND CONDITIONS OF PURCHASE
Thank you for making a purchase with Therawrap. These Terms and Conditions govern your purchase.
By clicking “accept” you agree to these Terms and Conditions.
1. Purchase Services
1.1. The website www.therawrap.com.au (the 'Website') is operated by Therawrap Pty Ltd (ACN: 658 636 705) of 15 Christine Avenue, Miami, Queensland, 4220. (‘Therawrap’). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Therawrap.
1.2. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Product’ or 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
2. Personal Information
2.1. When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.
2.2. You agree that all details that you have provided in completing the purchase are true and correct.
2.3. Your personal information is kept in accordance with the Therawrap Privacy Policy (‘Privacy Policy’) which can be accessed on the Website.
3. Purchase of Products
3.1. 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').
3.2. Payment of the Purchase Price may be made through the payment options provided through the available payment provider or providers (the 'Payment Gateway Providers').
3.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3.4. Following payment of the Purchase Price being confirmed by Therawrap, you will be issued with a receipt to confirm that the payment has been received and Therawrap may record your purchase details for future use.
3.5. Therawrap reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
3.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
4. Use of Products
4.1. By purchasing a Product from Therawrap, you agree to carefully read and follow the instructions of use included with each product.
4.2. If you gift a Product, you will ensure that the recipient of the gift receives the instructions for use included with each Product.
4.3. By purchasing a Product from Therawrap, you acknowledge that overheating of a product can cause damage, may cause burning and may ignite. You understand and acknowledge that it is important to read and follow the instructions for use provided with each Product.
5. Refunds and Returns
5.1. Therawrap wants you to be satisfied with your Product. If you have any issues with Therawrap Products, please e-mail support@therawrap.com.au.
5.2. Please note that most people feel an immediate response to the Products, others will take time to get used to the effects. Therawrap suggests persisting and having faith in the therapy process!
5.3. Therawrap is confident that you will love the Products. However, if you do not find the Products suitable, Therawrap offers a 30-day returns policy. If you wish to return the Product/s you must contact Therawrap’s support team by email at support@therawrap.com.au within 30 days from the date of purchase, and prior to returning your Product. The Product being returned must be in the original packaging and in a saleable condition.
5.4. If your Product is returned to Therawrap without the original packaging or is deemed unfit by Therawrap’s inspection team for any reason, Therawrap reserves the right to deny your refund request, and this decision will be made at the discretion of Therawrap.
5.5. Please include your order name and order number in all correspondence to Therawrap.
5.6. Upon receipt of the Product from you, Therawrap will notify you once the Product has been inspected and will advise you if the refund request has been approved. If the refund request is approved, you will be refunded for the Purchase Price via the original payment method. Please be mindful that it can take some time for your bank or credit card company to process the refund.
5.7. If you make a refund request and arrange to return the Product to Therawrap, you will be responsible for all return shipping and delivery fees.
5.8. Therawrap does not accept returns outside of the 30 day period outlined above.
5.9. Therawrap will not accept returns or refund requests for Products that are damaged from misuse.
5.10. If you have received the incorrect Product, Therawrap will provide a refund on the return of the Product. To request a refund and organise a return for this reason please e-mail support@therawrap.com.au and provide your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be returned to Therawrap unopened, and its original saleable condition.
5.11. Therawrap reserves the right to not provide refunds for worn personal use garments such as warming booties, at their own discretion.
5.12. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
5.13. In the following situations, no refund or return will be available:
(a) Denied acceptance of delivery by receiver;
(b) Inaccurate delivery address;
(c) Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Therawrap for a return fee charged to the initial payment method.
6. Cancellations
6.1. Once payment for an order has been accepted, no cancellations are permitted.
6.2. Where a Product has been listed at an incorrect price or has incorrect written information or images, Therawrap reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
7. Shipping and Product Delivery
7.1. All shipping and delivery dates are estimates, and any delivery date provided to you by Therawrap is not guaranteed. In addition, weather delays and other unforeseen circumstances may impact delivery time. Therawrap will strive to meet the requirements of your anticipated delivery date. However, Therawrap will not be liable for any losses you suffer due to a delay.
7.2. You acknowledge that the Purchase Services offered by Therawrap integrate delivery (the 'Delivery Services') through the use of third-party delivery companies (the 'Delivery Service Providers').
7.3. In providing the Purchase Services, Therawrap may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Therawrap is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.4. Therawrap currently ships domestically across Australia and to limited locations internationally, by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, Therawrap can ship to both commercial and domestic addresses and you can have your order shipped to a P.O box.
7.5. If an item is lost or damaged in the course of the Delivery Services, Therawrap asks that you:
(a) Contact the Delivery Service Provider directly to request a refund; and
(b) Contact Therawrap by sending an email to support@therawrap.com.au outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Warranty
8.1. Therawrap’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
8.2. If you have received a Product that you believe is faulty or defective, please contact support@therawrap.com.au with photographic proof.
9. Mailing List
9.1. You will either be registered for or given the option to register for the Therawrap Mailing List (the 'Mailing List').
9.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(c) Email address
(d) Name
9.3. By subscribing to or purchasing a Product from Therawrap, you agree to receive promotional material, updates and other content from Therawrap. You may unsubscribe from the Mailing List at any time.
10. Privacy
Therawrap takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Therawrap’s Privacy Policy.
11. Force Majeure
11.1. If circumstances beyond Therawrap’s control prevent or hinder its provision of the Products, Therawrap is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Therawrap may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
11.2. Circumstances beyond Therawrap’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, a pandemic, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
12. Indemnity
12.1. You agree to indemnify Therawrap, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(e) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(f) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(g) any breach of the Terms.
13. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
14. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding 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 independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
16. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
