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 Availability

A Product, or Product colour, or Product size is deemed to be available when it is stocked at the STUDIO or stocked by the Distributor or Product manufacturer and can usually be supplied to the STUDIO in time to meet our Standard Delivery undertakings. There may be occasions when a Product, or colour, or size, is temporarily out of stock.

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 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 of a Product with a Major Problem

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.

If the problem occurs within the manufacturer’s warranty period.

You agree that when making a major problem claim, the Product will be returned to 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.

Return or Exchange of a Product in New and Saleable Condition

You can return a Product in new and saleable condition:

If there is proof of purchase (tax invoice).

If it is not more than thirty (30) calendar days from the date of purchase.

If you have not claimed reimbursement from a provider such as Medicare, Private Health Insurance, Department of Veterans' Affairs or the like.

You can exchange a Product in new and saleable condition:

If there is proof of purchase (tax invoice).

If it is not more than thirty (30) calendar days from the date of purchase.

If you have claimed reimbursement from a provider such as Medicare, Private Health Insurance, Department of Veterans' Affairs or the like.

You agree that new and saleable condition means:

The Product has not been damaged.

The Product has not been worn.

The Product has not been washed.

The Product does not smell of perfume, or lotions, or any other skin application.

The Product is not stained, or marked, or discoloured.

As‐purchased ticketing and/or labelling has not been removed, or damaged, or altered.

As-purchased packaging has not been damaged or altered.

You accept both the cost and duty of care to return a Product to the STUDIO in new and saleable condition.

You accept our Standard Delivery Cost when We deliver a new and saleable condition exchange Product.

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.