In these Terms and Conditions of Sale (“Conditions of Sale”), “we” or “us” means Adaprox, Inc. and “you” means the person, organisation or entity that purchased the products or related services from us.
Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased online, or in store.
1.1. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products.
1.2 Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our sales team before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your in store.
1.3 We will let you have an “order reference number” via a confirmation email once your checkout process is complete. Please keep your order reference number safely.
1.4 Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products. Subject to clause 2, no changes to these Conditions of Sale will be effective unless we both agree to the changes in writing. If you wish to cancel your order we ask that you advise us as soon as possible and before your planned shipping date.
2.1 We do our best to keep in stock most products that are quoted or advertised by us. All stock availability as represented on our website or by our sales team is accurate at the time, however, these stock levels are subject to change without notice.
2.2 If, for any reason, we cannot supply a product you have ordered, we will contact you using the details provided by you at the checkout process to amend, or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
3. Price and Payment
3.1 The price payable for a product is the one set out on our website or advised by us in a quote or over the phone at the time you place your order. All prices are exclusive of sale tax unless otherwise noted. We make every effort to ensure prices and product information on our website, quotes, catalogs or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.
3.2 Any supplied quotations will only be valid for a period of 30 days from the date of quotation. All quoted prices may be subjected to variation from currency exchange rates at any point in time.
3.3 We accept payment by American Express, VISA, MasterCard credit cards and we use Stripe and Paypal as the payment gateway on our website.
3.4 Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
3.5 An invoice will be sent to you when the items you have ordered are delivered. Your invoice is your proof of purchase and may be required for any warranty claims.
4.1 We deliver to multiple countries in the world, including the United States, Australia, most european countries, and more.
4.2 You may request a date for delivery and we will do our best to arrange delivery on that date.
4.3 If you need to change a delivery date or the delivery address, please contact us as soon as possible. If you are not available to take delivery, you may be charged a delivery fee for each additional attempt for delivery.
4.4 We may deliver the products via a range of delivery methods. All deliveries must be signed for to complete acceptance. If neither you nor your authorised representative is at the delivery address to take delivery, the courier company will leave a card with instructions on how to proceed next.
5. Title and Risk
5.1 Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
5.2 You acknowledge and agree that clause 5.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
6. Warranties and Limitation of Liabilities
6.1 Items directly purchased from adaprox.io can be returned for a full refund or exchanged under the following circumstances:
6.1.1. Missing, Damaged, or Incorrect Orders.
Please inspect your order as soon as you receive it. While we do our best to deliver your order in complete and undamaged condition, in the unlikely event your order is missing, incorrect or damaged, please contact us immediately.
*Note: We will not accept return or refund requests for items that are damaged or incomplete unless you contact us within 3 days of the delivery.
6.1.2. Malfunction or Serious Product Quality Issues.
Please read the Manual first before you set up and use our products. In the meantime, you can refer to the FAQ page of our official website. If you encountered malfunction or product quality issues that affect the use of the product, please contact us within 30 days of receipt of shipment.
*Note: Any item that is damaged through customer misuse or is missing parts due to customer tampering cannot be returned or refund.
6.2 Subject to this clause 6, and to the extent permitted by law:
(a) we will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, damage to goodwill, loss of data, arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
(b) our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
6.3 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
6.4 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
7. Returns and Exchanges
7.1 If you have issues meeting the criterias in clause 6.1 and would like to return or exchange your existing products, please follow the following procedure:
7.1.1. Email the following information to firstname.lastname@example.org
A description of the reason for your return
Photos or videos supporting your description
You must specify in detail the reason for your return request. Any missing or inaccurate information may result in a delay or denial of your request.
7.1.2. If your request is approved, you will receive a confirmation email from us within 3 business days of your request.
7.1.3. The products being returned must be returned in the same condition as originally provided to you (for example, free from liquid contamination or other physical damage). The original packaging, and original accessories must be included. The items you return must be securely packaged to prevent loss or damage in transit. The original Order ID and your return address should be clearly visible on the outside packaging. Postage must be pre-paid, and you must be able to track and confirm delivery to us. You bear all in-transit risk of loss or damage to the items you return. If you send the products without a valid Order ID prominently displayed on the outside mail packaging, it may be returned to you unopened.
7.2 For exchange request, subject to availability and where applicable, replacement Adaprox products will be shipped within 3 business days following our receipt of your return. Adaprox will be responsible for the cost of shipping replacement products back to you.
7.3. For return and refund requests, refunds will be issued in the currency of your original order. We are not liable for any transaction costs you incur associated with your refund. Refunds will be credited to your original form of payment. Please allow us up to 7 days after we receive your return to proceed your refund.
*Note: Shipping and handling charges are non-refundable. You are also responsible for any shipping and handling fees associated with shipping Adaprox products back to us. No reimbursements will be made to you for such costs.
8. Force Majeure
8.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 6 months, we may terminate our agreement with you by giving you 5 business days’ written notice
9.1 These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
9.2 We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our employees or any third parties have any authority to change these Conditions of Sale.
9.3 We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
9.4 You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
9.5 Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
9.6 If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
9.8 Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.
9.9 These Conditions of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
If you have any questions or need to contact us for any reason, please contact our head office via email@example.com.