Terms & Conditions
This Standard Terms and Conditions Agreement (‘Agreement’) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Cpapshop, or any of its subsidiaries. By accepting delivery of the product purchased from Cpapshop in-store or online and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Cpapshop. These terms and conditions are subject to change without prior written notice at any time, at Cpapshop’s sole discretion.
1.
Definitions. a. “We”, “us” and/or “our” means Cpapshop. b. “You” or “your” means the individual or entity named on the invoice.
2.
Payment Terms; Orders; Interest. Advertised prices are in Australian Dollars and, unless otherwise noted, are for upfront purchasing by way of payment options on checkout. Prices on this website may also exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are at Cpapshop’s sole discretion, and unless otherwise agreed to in writing by Cpapshop, payment must be received by Cpapshop before Cpapshop acceptance of an order. Invoice amounts are due and payable within the period noted on this invoice, measured from the date of the invoice. Cpapshop may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
3.
Taxes. Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
4.
Shipping and Title. Cpapshop will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when Cpapshop delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. If shipping to a business or company address, please include business/company name and attention goods to your personal name. Title to software remains with the licenser of the software. Your use of software is subject to license agreements applicable to the software. You must notify Cpapshop of missing or damaged items in your order within five (5) days after you receive your product.
*If your shipping address Is an apartment number or unit number it may be beneficial to have your item shipped to an address where the Australia Post delivery person can knock on your door and hand you the item directly. Workplaces are often the best alternate shipping address for your item as someone is likely to be able to receive the parcel in person.
*If you have no alternate address and you aren’t home when the package is being delivered you may receive a card in your mailbox letting you know to collect your parcel at your nearest Post Office. Should you not receive a card, and your item is taking an extended amount of time to reach you it may require you to call your local Post Office and check to see if it is awaiting your collection. *You must show sufficient photo ID to collect your parcel from the Post Office.
5.
Return Policy. Any CPAP machine and/or mask return must follow the guidelines set by the manufacturer’s policies. We are not obligated to provide a refund if you change your mind about the purchase of CPAP products. We will meet our obligation under the relevant State Legislation to provide a remedy if the goods are defective. Non faulty / unopened product returns can only be accepted within 30 days of the original invoice date only and must be accompanied with the original receipt. A refund will only be issued for the amount of the items on the sale and will not include shipping costs, accessories or merchant fees charged to Cpapshop on all Afterpay and PayPal sales. All CPAP machine returns will be subject to a $100 restocking fee. Cancellation and Return Policy is not applicable to business-to-business transactions and multi-purchase orders (3 or more). Please email Cpapshop at sales@cpapshop.com.au and provide the invoice number, item description, and serial number(s) of the merchandise you wish to return. Returned merchandise must be placed in original packaging, and include product manuals and other accessories. No refunds are available on any accessory items like filters, cleaning products and CPAP comfort items. Cpapshop may, at its sole discretion issue refunds for accessory items, however any refund is subject to the standard return policy whereby the item must be returned within 30 days. All Returns must be brought back to our store Level 2, 5 Upward street, Cairns, QLD, 4870. If a rental payment was deducted off the original price of the goods, this portion will come off the refund before it is applied. (Rental cost deductions are intended as an incentive to purchase your goods at the end of your trial. If the product is returned, the out of pocket rental charge is reinstated). There is a no-return or exchange policy for any item that is offered for free and without charge as part of a Cpapshop promotion or exclusive deal. This includes any Money Back Guarantee offered by the manufacturer.
5a.
Money Back Guarantee offers: If there is a 30-day money back guarantee offer advertised, it relates solely to that product. A refund for those goods only will be issued or you may also choose to use the credit against other items in store. The refund/credit does not include postage or shipping costs, including the postage fees to return the product to Cpapshop. If the item was bought with a third party finance company such as AfterPay, a merchant fee may be deducted from the refund as this cost is incurred by Cpapshop. If a rental payment was deducted off the original price of the goods, this portion will come off the refund before it is applied. (Rental cost deductions are intended as an incentive to purchase your goods at the end of your trial. If the product is returned, the out of pocket rental charge is reinstated). Money Back Guarantees do not apply to any item that was offered for free, without charge or as a bonus as part of a promotion or exclusive deal.
6.
Warranties for Domestic Customers; Disclaimer of Warranties. Cpapshop makes no warranties, express or implied, except those stated in this section and in Cpapshop’s applicable warranty statement in effect on the date of the invoice. The warranty for any product purchased is provided by the manufacturer and must meet conditions in the manufacturers policies. Any such warranties will be effective during the relevant period and Cpapshop will be obligated to honour any such warranties only upon Cpapshop’s receipt of payment in full for the item to be warranted. In most cases, CPAP Masks and accessories have a 3 month warranty and CPAP Machines have a 2 or 5 year warranty depending on the model and manufacturer. The standard warranty period begins from the receipt of purchased goods by initial consignee.
6a.
Items that are returned for repair under warranty take approximately 7-21 business days to be repaired and returned to you. The 7-21 business day period commences from the physical receipt of goods at the premises of Cpapshop by a Cpapshop representative. This does not include any collection notices or attempted deliveries by a courier(s), Australia Post representative or other person(s). The 7-21 business day period quoted is a guide only and should be treated as such. Thus from time to time, repairs under warranty may extend past the 7-21 business day period. Cpapshop accepts no liability or consequences for repairs under warranty that extend past the 7-21 business day period.
7.
Exchanges. From time to time, Cpapshop may, at its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Cpapshop’s exchange policies in effect on the date of the exchange.
8.
Products. Cpapshop continually upgrades and revises its products and service offerings. Cpapshop may revise and discontinue products at any time without prior notice to customers. Cpapshop will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Cpapshop products are selected from new and equivalent-to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The Cpapshop SKU numbers for Cpapshop-branded hardware products are of the quality specified by Cpapshop on its website and conform in all material respects with the Cpapshop product specification current on the date such products were shipped.
9.
All information provided on cpapshop.com.au is not intended to be a substitute for medical advice, diagnosis or treatment. Users are directed to seek the advice of a physician or other qualified health care provider regarding medical issues. The equipment supplied by Cpapshop is to treat Obstructive Sleep Apnoea (OSA) by delivering Continuous Positive Air Pressure (CPAP) at a rate prescribed by a physician to stabilise the airway and prevent obstructions. Cpapshop recommends that all products purchased are prescribed under the care and management of a physician or other qualified health care provider. Not all products will be right for you. Read the instructions for use before purchase. Always follow directions for use. Seek advice from your healthcare professional as to whether the product/s is suitable for your condition. Cpapshop takes no responsibility for any injury or damage resulting from neglect or not following manufacturer precautions and instructions for use. If symptoms persist, worsen, or change unexpectedly talk to your physician or other qualified health care provider.
10.
Limitation of Liability. CPAPSHOP DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. CPAPSHOP WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, CPAPSHOP IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
11.
Not for Resale. You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale. Cpapshop has separate terms and conditions governing resales and transactions outside Australia.
12.
Cancelled orders: If you cancel your order you may be charged a 25% cancellation fee for processing of your cancellation all refunds can take up to 4 weeks to be issued.
13.
Miscellaneous Provisions. You will not register or use any Internet domain name that contains an cpapshop.com.au trademark or trade name (i.e., cpapshop.com.au) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired. This Agreement and any sales thereunder shall be governed by the laws of Australia, without regard to conflicts of laws principles.
14.
Remote monitoring and data. All connected devices that include internal 2G, 3G or 4G modems are sold with our free remote monitoring service. (While the technology is supported by telecommunication companies). This complimentary service allows the patient to connect to the manufacturers mobile phone application if needed. The service also allows Cpapshop consultants to remotely monitor therapy and if required, generate therapy reports for patients and doctors without the need to the patient to come in to store. It is implied if you purchase a CPAP device from Cpapshop or bring a device SD or USB card to us that you authorise Cpapshop consultants to access this therapy data for you. The patient must advise in writing to Cpapshop if they do not wish to have their data accessible by our clinicians. Monitoring of therapy data and report generating is a complimentary service and Cpapshop reserves the right to discontinue providing this service at any stage. Cpapshop complies with all privacy laws and respects the privacy of all our patients. We will not sell or disclose any personal data to third party marketing companies.