Merchandise Policy
Last updated: September 2019
The Heart Foundation on-line shop has been designed to create a user friendly, fast and efficient viewing and purchasing process for Heart Foundation merchandise and printed health brochures. Other health information is available on our website at www.heartfoundation.org.au or by calling us on 13 11 12 and talking to one of our qualified health professionals.
1. Terms and Conditions
a. By submitting an order, you confirm and agree that you have read, understood and accepted the terms and conditions contained within this Merchandise Policy (Policy).
b. Upon the Heart Foundation’s acceptance of your order, these terms and conditions form a binding agreement between you, the User (User, You or Your) and National Heart Foundation of Australia ABN 98 008 419 761 (We, Our, Us or Heart Foundation).
c. We may, without notice, at any time, amend or modify this Policy by posting the amended version to this website.
d. This Policy should be read in conjunction with the Privacy Notice and Website Terms & Conditions of Use, which can be found at www.heartfoundation.org.au e. If You disagree with any of the terms and conditions contained in this document, You must not submit an order. Submission of Your order is confirmation of Your acceptance of these terms and conditions.
2. Intended audience
All information provided on this website has been prepared in accordance with Australian law and is intended for use by residents of Australia. Persons residing outside of Australia use this website at their own risk and should take into consideration the legislative requirements of their country of residence when accessing this website. Should you choose to purchase products from the Heart Foundation or make a donation to us, you should confirm that doing so will not constitute a contravention of the laws of your country of residence.
a. By agreeing to this Policy, You affirm that all information provided by You is complete and accurate.
b. We agree to keep Your information in accordance with this Policy and Our Privacy Notice.
4. Privacy and use of information
a. We agree that We will at no stage intentionally sell, distribute, transmit, disseminate or release Your User information or uploaded data to third parties without Your consent, except where required by law, or to facilitate payment for and delivery of goods ordered.
b. To the extent permitted by law, You acknowledge that:
i. We cannot guarantee the security or privacy of information submitted by You to Us; and
ii. You release Us from all liability in connection with the matters contained in this section
Further information relating to Our use of information can be found in our Privacy Notice and Website Terms & Conditions of Use, which will be deemed to form part of this Policy. In the event of any inconsistency between the terms of the Privacy Notice or the Website Terms and Conditions of Use and this Policy, the terms of the Privacy Notice or Website Terms & Conditions of Use, as relevant, will prevail. The current Privacy Notice and Website Terms & Conditions of Use can be found at www.heartfoundation.org.au.
a. Bulk Orders: For bulk orders of certain products special discounts may apply. Please refer to the Resource Order Form at the bottom of the home page of the online shop or contact Our Customer Service Officer on 13 11 12 or via email at health@heartfoundation.org.au
b. General Public Health Brochures: Many of our health brochures are available to members of the general public who reside in Australia in limited quantities at no charge. Larger quantities are available at a charge. Please refer to the Resource Order Form which also includes postage rates. The Resource Order Form can be found at the bottom of the home page of the online shop. Please call Our Customer Service Officer on 13 11 12 or via email at health@heartfoundation.org.au to find out more.
a. You must allow at least 14 working days for delivery.
b. You will not hold Us responsible for any loss caused by late delivery.
c. We are not responsible for delivery to an incorrectly submitted address.
d. We will assume, unless notified otherwise, that any person appearing to reside at the Delivery Address is authorised to accept Your order.
e. We will charge You postage based upon the rates displayed on the online shop website or as detailed in our Resource Order Form. Postage is non-refundable.
7. Right to refuse sale
We reserve the right to refuse sale of a product at any point up until delivery. In the event that You have been charged for an item that We have subsequently refused or been unable to sell, You will be refunded the amount charged in full.
8. Responsibility of customer to pay (Debt Collection Proceedings)
a. You agree that if You place an order, You will make payment for all items ordered through Our website within the prescribed timeframe.
b. You affirm that You understand that failure to make payment for items ordered through Our website may result in Your order being cancelled, or, if your order has already been processed, debt collection proceedings being initiated against You.
c. You agree You are liable for the cost of any debt collection proceedings, or legal fees incurred in association with debt collection.
9. Risk and Title in the goods
Risk in any goods purchased shall pass to You upon delivery to Your specified address, and title in the good shall pass to You upon full payment being received by Us.
10. Availability of goods
We make no warranty regarding the availability of any item listed on Our website. By using this website, You agree that You will not hold us liable in any way for any direct or indirect loss incurred as a consequence of the unavailability of any item listed on the site.
11. Photography
The product images used on this website should be viewed as a guide only. Colour variations may occur as the colours represented in photographs may not be accurate, and photos are not to scale. Our images may have been cropped to show detail. Our brochures are updated from time to time and may not display the most current version of any items available for purchase.
12. Indemnity
a. You agree to indemnify Us, Our employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators from any loss or damage, including any and all legal costs (including lawyer’s fees), which We may incur as a result of Your usage of this website.
b. You agree to cooperate fully with Us in the defence of any claim.
c. You agree that We have full immunity from any liability whatsoever in relation to any information, data, publication, transmission or communication of any kind made by You on or in relation to Our website.
d. You agree to indemnify Us from any action by a third party in relation to Your agreement with Us.
e. In no event will We be liable to You or any other party for any direct or indirect loss in connection with any data uploaded by You to Our servers.
13. Consumer Guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
14. Manufacturer Warranties
Products (except brochures) purchased from this website may carry a manufacturer's warranty. Any such warranty is in addition to your statutory rights under the Australian Consumer Law. Warranty claims can only be made by the original purchaser, who should also produce a receipt. The Heart Foundation would be happy to assist You by passing on your claim to the relevant manufacturer. Please contact our Customer Service Officer on 13 11 12 or via email on health@heartfoundation.org.au regarding any warranty questions.
a. It is Our intention to process each order correctly. If a delivery error occurs, please contact us immediately on 13 11 12. We will arrange for the goods to be returned to a prepaid address.
b. Should you receive a damaged product, please contact Us immediately. Please do not discard any damaged packaging. We will arrange for the goods to be returned to a prepaid address.
c. All returns are to be sent via a traceable method. We accept no responsibility for any returns sent via Australia Post that are not traceable.
17. Return Process
Please include the following information with Your return shipment:
a. Name and contact phone number;
b. Order Number;
c. Quantity and Description of each item being returned; and
d. Reason for return.
18. Force Majeure
No party will be liable to the other party for any failure or delay in performing any obligations under this Policy (except for the payment of money) to the extent that this is caused by or arises from events which include, but are not limited to:
a. fire, flood, lightning, storm or extreme weather conditions;
b. strikes, lock-outs, boycotts or other industrial disputes;
c. acts of war, terrorism, riots, civil commotion and explosions; or
d. government restrictions.
19. Severability
Each provision of this agreement is severable. Severance does not affect any other provision.
20. Governing Law
a. These terms and conditions are governed by, and must be interpreted in accordance with, the laws of Victoria.
b. By accepting these terms and conditions, you agree to submit to the exclusive jurisdiction of the courts in Victoria.
22. Entire Agreement
This Policy, together with the Privacy Notice and Website Terms & Conditions of Use referred to in clause 3, constitutes the entire agreement between the parties in relation to purchasing any Heart Foundation goods or merchandise, and supersedes any prior contracts, arrangements and understandings between the parties, unless otherwise agreed.
23. Questions
If you have questions, special requests or concerns about Heart Foundation merchandise, health brochures or Our on-line shop, please contact the Heart Foundation Helpline on 13 11 12 or email us at health@heartfoundation.org.au
