Except for laws relating to customs and to taxes and duties on imported goods, the parties agree that the laws of the State of Victoria, Australia apply to your use of this wholesale Website.
The parties submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia in relation to any dispute in relation to the sale and purchase of goods.
Welcome to Softmed Pty Ltd (“Softmed,” “we” or “us”) website, softmed.com.au (the “Website”).
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agree to accept all terms and conditions written in here. You must not use this Website if you disagree with any of the Website Standard Terms and Conditions (“Terms”) contained below. Minors or people below 18 years old are not allowed to use this Website.
We ask that you abide by the Terms, along with any other terms and conditions that may appear on the Website from time-to-time (collectively, the “Conditions”). Your use of the Website constitutes your agreement with the Conditions that follow, and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Website shall be considered your agreement to any modified Conditions. If you do not agree to these conditions, please do not use the Website.
TERMS OF SALE
By placing an order via this Website, you are offering to purchase the selected product(s) on and subject to the following Terms. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure of any type for which we will not be responsible. Please see our notice for further information. In order to contract with us, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Softmed retains the right to refuse any request or any order made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign goods and services may fluctuate and is subject to currency exchange rates and fees. All prices advertised are subject to such changes.
SALES COMMISSION POLICY
Softmed Pty Ltd and Softmed Manufacturing Pty Ltd and all its related entities pay commission based on the sales procured by the employee. The rates of commission payable will be agreed by us with each individual person prior to procurement of any sale leads, and such rates of commission will be reviewed and updated annually by us.
All payments of commission, rates of commission and any other things required for the payment of commission are to be agreed to and approved by our managing director.
We will endeavour to pay commissions within 30 days of each sale taking place and being paid in full by the relevant customer, unless we specify otherwise. Computation of commission payable is deemed final and conclusive after 48 hours of payment made of the commission. If an employee has some issues or concerns regarding their commission pay, they must raise the concern in writing within 48 hours of receiving the commission.
When you place an order, you will receive an e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you or if we email you and do not receive a reply within 48 hours, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The prices quoted on this Website are final prices, which will be different to the prices in stores. You acknowledge that the prices quoted on the Website at the time of ordering will be honoured. Where applicable, prices are inclusive of GST (or similar type tax) at the rate appropriate to the country of receipt within Australia. GST is not included in our prices for customers outside of Australia. Orders to countries outside of AU may be subject to local tax such like VAT, import duties and/or taxes, which are levied once your package reaches your country. Softmed ships your package according to TAX politics, which means we do not collect VAT, duties and/or taxes on orders to countries outside the AU and we cannot predict what your particular charges may be. If you do incur any such additional charges, they must be rendered in order for your package to clear customs. Please contact your local customs office for more information. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Softmed is not responsible for any changes in currency value or conversion rates that your bank or credit card company may use when charging in your country’s currency.
Stock levels are subject to availability and we do our best to ensure all orders are packed accordingly to the desired quantities and styles. Should any order not be fulfilled by our warehouse upon packing due to items becoming out of stock, we will inform you of this as soon as possible. We will refund you for the out of stock item(s) upon packing (if already paid for) and send the rest of your goods. We do not hold any orders and cannot cancel orders at this point of the process. Orders will be packed and shipped as usual in our normal processes and procedures.
DELIVERY AND RETURNS
Shipping costs will be added where applicable. For shipping charges, please view the Softmed delivery page.
Exchanges and refunds
During 14 days following the delivery of your order, you may request the exchange or refund of items, which you must return to us in perfect condition accompanied by the original invoice. Returns will only be accepted if labels and original packaging are fully intact. Softmed cannot accept returns where labels have been removed. Goods purchased on sale (discounted price) are not eligible for return or exchange. You are responsible for the shipping of returned items back to Softmed. Items lost in transportation will not be compensated for and no liability will be assumed by Softmed for shipment of any returns back to us. Shipping charges on returned merchandise are at the customer’s expense. However, Softmed will not charge additional shipping on exchanges. All exchanges are subject to availability. Refunds for returned merchandise will be made within 30 days of the return of the product, to the original purchaser’s credit card or payment method. Note that additional duties and/or taxes will not be refunded. We will shipping costs, as mentioned above. For countries within the AU, VAT will be included in the refund.
Faulty items after review and conclusion of reflecting production issues, will be exchanged to the same type of product in the same size, subject to availability, or refunded. Refunds for faulty items can be made within the 30-day period following delivery. All goods purchased during our final sale are not eligible for return or exchange. Exchanges and returns can only be made as described in Softmed instructions, which can be found in your confirmation e-mail.
Items cannot be exchanged or refunded at any stores. We operate Monday to Friday and not on public holidays. When your order is placed we will send you a confirmation of the purchase. Once your package is shipped, we will send you an email with final confirmation and instructions. Most orders are shipped standard Australian post. Depending on the intended ship-to location, orders can be subject to other shipping methods and the specific warehouse processing the order may utilize tracking. Applicable orders will have the tracking reference provided in the shipping confirmation email. Our appointed courier partners in each region deliver all orders. Orders to countries outside Australia may be subject to VAT, import duties and/or taxes, which are levied once your package reaches your country. Once the goods are delivered, all risk in the goods passes to you.
We accept card payments by Visa, MasterCard and several local payment options. Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted, unless you have been pre-approved to pay within 30 or 60 days from the date of order and the terms will be listed on each invoice provided to you for payment by us. If any goods are not paid for by virtue of a declined payment or any other circumstance and the goods have been dispatched to you, the ownership of the goods remains with Softmed and does not pass to you until the goods are paid for in full.
Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by. We cannot accept any responsibility for stolen or deleted gift vouchers. We will dispatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we cannot be responsible for any delays, no matter how they are caused. If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we cannot be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we cannot take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe. If you need a refund, this will be made in the same way as the original payment method.
DISCOUNT CODES (COUPON CODES)
Discount codes will not apply to wholesale accounts or wholesale purchases from us.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Softmed. The Contents, and the Website as a whole, are intended solely for personal, non-commercial use by the users of the Website. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software. The Website as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Website are owned by Softmed.
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Softmed may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
LINKS TO OTHER WEBSITES
This Website may contain links to outside services and resources. You acknowledge that Softmed is not responsible for the contents of any linked Website or any link contained in a linked site, or any changes or updates to such sites; and Softmed is not responsible for any other form of transmission received from any linked site. Softmed is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site. Any concerns regarding any such link should be directed to the particular third party website.
PERSONAL PROPERTY SECURITIES ACT
Notwithstanding anything to the contrary contained in these Terms, the Personal Property Securities Act 2009 (“PPSA”) applies to these Terms.
For the purposes of the PPSA:
- terms used in these Terms that are defined in the PPSA have the same meaning as in the PPSA;
- these Terms are a security agreement and Softmed has a Purchase Money Security Interest in all present and future goods supplied by Softmed to you and the proceeds of the goods;
- The security interest is a continuing interest irrespective of whether there are monies or obligations owing by you at any particular time; and
- you must do whatever is necessary in order to give a valid security interest over the goods which is able to be registered by Softmed on the Personal Property Securities Register.
The security interest arising under these Terms attaches to the goods when the goods are collected or dispatched from Softmed’s premises and not at any later time.
Where permitted by the PPSA, you waives any rights to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA.
To the extent permitted by the PPSA, you agree that:
- the provisions of Chapter 4 of the PPSA which are for the benefit of the Customer or which place obligations on Softmed will apply only to the extent that they are mandatory or Softmed agrees to their application in writing; and
- where Softmed has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.
- You must immediately upon Softmed’s request:
- do all things and execute all documents necessary to give effect to the security interest created under these Terms; and
- procure from any person considered by Softmed to be relevant to its security position such agreements and waivers (including as equivalent to those above) as Softmed may at any time require.
Softmed may allocate amounts received from you in any manner Softmed determines, including in any manner required to preserve any Purchase Money Security Interest it has in goods supplied by Softmed.
Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods, the Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or any contractual remedy for their failure.
If you are a consumer, nothing in these Terms restricts, limits or modifies your rights or remedies against Softmed for failure of a statutory guarantee under the ACL.
If you on-supply the goods to consumer:
- if the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the Australian Consumer Law (“ACL”) is the absolute limit of Softmed’s liability to you; and
- otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of our liability to you,
- howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods by you or any third party.
If the above does not apply, then other than as stated in the Terms or any written warranty statement, we are not liable to you in any way arising under or in connection with the sale, use of, storage or any other dealings with the goods by you or any third party.
Softmed is not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
By continuing to use the Website and ordering goods via the Website, you acknowledge that:
- you have not relied on any advice, recommendation, information or assistance provided by Softmed in relation to the goods or their use or application.
- you have not made known, either expressly or by implication, to Softmed any purpose for which you require the goods and you have the sole responsibility of satisfying yourself that the goods are suitable for your intended use.
Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be excluded, restricted or modified.