Introduction

These PRODUCT PURCHASE TERMS (Terms) apply for the BreastCare WA Pty Ltd STUDIO (STUDIO) and the BreastCare WA Pty Ltd Website (ONLINE).

By placing an Order for a Product, you accept these Terms.

Related information includes our Terms of Use, our Delivery Terms, our Privacy Policy, and our Defined Terms.

Order

You place an Order when you request to purchase a Product(s) at the STUDIO, or ONLINE. By placing an Order you enter into an agreement to purchase the Product(s).

At the STUDIO, your Order is confirmed when payment is cleared. A tax invoice, suitable for a reimbursement claim when appropriate, will be issued with the Product(s).

When placing an ONLINE Order you will receive a Payment Summary that describes the Product(s) and the price. The price may or may not include GST. Your Order is confirmed when BreastCare WA Pty Ltd (We) notify you via the e-mail address or telephone number you provided. Your Order becomes a purchase when the Product(s) is despatched after payment has been cleared. A tax invoice suitable for a reimbursement claim will be included with the Product(s).

Product Classification

A Product, or Product colour, or Product size, may be classified as Available, or Seasonal, or By Order.

A Product, or Product colour, or Product size, is classified as Available when it is stocked by the Australian Distributor or at the STUDIO. There may be occasions when a Product, or colour, or size, is temporarily out of stock because of a delay with new stock delivery.

A Product (usually a fashion bra, a top, or a bather) is classified as Seasonal when a limited quantity is stocked at the STUDIO and, once sold, cannot be replaced.

A Product, or Product colour, or Product size, is classified as By Order when it is not stocked in Australia. This classification indicates a longer Delivery time.

Product Availability

You accept that a Product, or Product size, or Product colour, may no longer be available.

You accept that We reserve the right to withdraw or suspend from sale a Product displayed at the STUDIO, or ONLINE, either temporarily or permanently, at any time and without notice.

You accept that We reserve the right not to honour any incorrect offers represented ONLINE that have been made by genuine human error (including but not limited to a description, sizing chart, image or price), or a system error, or cyber-attack.

You accept that if Product availability affects your Order, We reserve the right to cancel your Order and to refund any money paid. You agree that We are not liable for any loss you or any third party suffer as a result of your Order being refused or cancelled.

Product Information

When placing an Order, you accept that Product information shown ONLINE may vary from the actual Product. This occurs when there is existing Available stock and Product information is updated to reflect manufacturer garment changes.

Colour Representation

When placing an Order, you accept the Product colour shown ONLINE may vary from the actual Product colour. This occurs because the process of publishing and devices such as computer monitors, mobile phones and tablets may not provide like for like colour reproduction.

Sizing Chart Measurements

When placing an Order, you accept that sizing charts shown ONLINE are based on metric measurements. The unit of measurement being centimetres (cm). Product selection information usually includes imperial to metric conversion charts.

Price and Payment

When placing an Order, you agree that We will charge you and you will pay the Product price plus any applicable Delivery Fee.

You agree that Product prices are displayed in Australian Dollars and, if GST applies, inclusive of GST.

You accept that We reserve the right to change or alter Product prices without notice. If you have already submitted an Order at a particular price, We will supply your Product(s) at that price (unless your Order is affected by a pricing error as described above).

You agree that payment for an Order must be cleared before the Product(s) is taken or dispatched. If your payment cannot be processed, We will put your Order on hold until payment is resolved.

In paying or attempting to pay for Products, you agree not to engage in any fraudulent conduct or contravene any Law.

Refund, Return or Repair

We endeavour to act in accordance with Australian Consumer Law.

You are entitled to choose a refund, exchange or repair when a Product has a major problem. For example:

If the Product is not of an acceptable quality because of a defect or fault or the like.

If the Product does not match the description provided on this Site or the fitted sample.

If the Product is not reasonably fit for the purpose stated on this Site or that you specified when being fitted.

You agree that when making a major problem claim, the Product will be returned the STUDIO at your cost. If the claim is accepted by the Product manufacturer, We will replace the Product, Deliver the replacement free of charge, and refund a reasonable cost for returning the defective Product.

You are not entitled to return goods if there is no breach of consumer guarantee. For example:

If you Ordered the wrong Product, provided incorrect body measurements, or nominated the wrong size.

If you diminished the Product by wearing, soiling or washing it, or by removing as‐purchased ticketing or labelling, or do not have the original packaging.

If the problem results from usual wear and tear or occurs outside of the manufacturer’s warranty period.

If the Product reasonably satisfied post-surgery sizing and a reduction in post-operative swelling results in the need for a smaller sized garment.

If the Product is no longer needed because surgery has been cancelled, changed, delayed or the like.

If there is no proof of purchase (tax invoice), or if it is more than three (3) months from the date of purchase.

Updates

You accept that We may vary these Terms at any time, and that the current version of these Terms is that shown ONLINE at the time of your purchase. By continuing to use the STUDIO, or the ONLINE site, you consent to any variation and agree that it is your responsibility to regularly check these Terms for any variation.

Jurisdiction

You agree that transactions are deemed to have taken place in Burswood, Western Australia.

You agree that these Terms are governed by and construed in accordance with the State of Western Australia, Australia (WA). If a dispute arises from these Terms, you agree to submit to the exclusive jurisdiction of the courts of WA.