PLATINUM HEALTH - General Terms and Conditions

1.                       APPLICATION

1.1                   References in this document to ‘us’, ‘we’ and ‘our’ mean Platinum Closing Pty Ltd ACN 640 026 115 trading as Platinum Health Supply Group (Platinum Health) and includes its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 (Cth) and references to ‘customer’ and ‘you’ mean a customer who purchases or wishes to purchase goods from us.

1.2                   These General Terms and Conditions (T&Cs) apply to all orders and purchases of goods (Products) from Platinum Health (Orders). You may make an Order with us in any of the following ways:

(a)                    directly through our website:  https://www.platinumhealthsupply.com.au/ (Website) (Website Order);

(b)                    by completing and submitting a purchase order (by email, or delivery) in the form of purchase order provided by us from time to time (Purchase Order) to:

(i)                      email address: sales@phsgroup.com.au;

(ii)                     registered office: 2/51 Trafalgar Road, Epping, VIC 3076;

(c)                    by telephone order by contacting us on: 1300 604 499 during our regular business hours (Telephone Order); and

(d)                    by email order by emailing us at: sales@phsgroup.com.au or orders@phsgroup.com.au (Email Order). 

1.3                   Any Website Order, Purchase Order, Email Order or Telephone Order is an offer by you to purchase the Products specified in the Order for the price published on the Website or as otherwise quoted to you at the time you place the Order and on the terms and conditions set out in this document or included in this document by reference. If we accept the Order, you and us will be parties to a contract for the sale and purchase of the Products on those terms and conditions.

1.4                   By using the Website to make a Website Order or by making a Purchase Order, Email Order or Telephone Order, you are deemed to have accepted these T&Cs. Unless otherwise specified, these T&Cs together with the details of the Products, the purchase price and other commercial terms included in your Order constitute the entire agreement between us and you concerning the supply of the Products.

2.                       WEBSITE and website orders

2.1                   (Ownership) Platinum Health owns the Website, and unless otherwise indicated, owns or is licensed to use all material appearing on or in the Website. You may only use the Website for lawful purposes.

2.2                   (Website Registration) You must complete the customer registration process through our Website before placing a Website Order.

2.3                   (Personal Information) Any personal information that you give us via the Website will be held and used by us in accordance with our Privacy Policy which is available on the Website. You agree to provide us with current, complete and accurate details when asked to do so by the Website. We may ask you to provide additional details or require you to confirm your details to enable us to process any Order.

2.4                   (Pricing and catalogue) We may offer you, or certain customers, access to special product catalogues and pricing from our Website from time to time. After you have completed registration for a customer account on our Website, the product catalogue and pricing that is accessible via your account is that which applies to you. We reserve the right and discretion to alter our product catalogue and pricing from time to time.

2.5                   (Payment) Unless otherwise stipulated in your Order, payment for Website Orders will be collected at the time of placing the Website Order by our Website’s payment gateways (including Shopify, Stripe and Paypal). Only valid debit or credit cards or other payment methods acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By placing a Website Order, you represent and warrant that you are authorised to use the designated card or method and authorise us to charge your order (including taxes, delivery costs, handling and any other amounts described on the Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

We reserve the right to offer you, and enter into with you, other payment arrangements and terms, at our discretion. For example, following placement of a Website Order, we  may issue an invoice to you following placement of your Website Order by email. Each invoice will be a valid tax invoice. All amounts are payable by you within the period of time stipulated on the invoice by one of the methods set out in an invoice in cleared funds without any set-off, abatement, counterclaim or deduction. If no period of time for payment is stipulated on the invoice, the amounts will be payable within 7 days of the date of the invoice.

3.                       EMAIL ORDERS

3.1                   (Registration) Before placing an Email Order you may be required to complete the customer registration process through our Website or manually by telephone with a representative of Platinum Health.

3.2                   (Personal Information) Any personal information that you give us via the Email Order or otherwise will be held and used by us in accordance with our Privacy Policy which is available at the Website. You agree to provide us with current, complete and accurate details in any Email Order. We may ask you to provide additional details or require you to confirm your details to enable us to process any Order.

3.3                   (Payment) Payment for Email Orders is to be made as follows:

(a)                    we may require that you make payment at the time of ordering over the phone by valid debit or credit card or other payment method acceptable to us. By paying for an Email Order in this manner, you represent and declare that you are authorised to use the designated card or method and authorize us to charge your order (including taxes, delivery costs, handling and any other amounts described on the Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically; or 

(b)                    alternatively,  we  may issue an invoice to you following placement of your Email Order by email. Each invoice will be a valid tax invoice. All amounts are payable by you within the period of time stipulated on the invoice by one of the methods set out in an invoice in cleared funds without any set-off, abatement, counterclaim or deduction. If no period of time for payment is stipulated on the invoice, the amounts will be payable within 7 days of the date of the invoice.

4.                       PURCHASE ORDERS

4.1                   (Registration) Before placing a Purchase Order you may be required to complete the customer registration process through our Website or manually by telephone with a representative of Platinum Health.

4.2                   (Personal Information) Any personal information that you give us via the Purchase Order or otherwise will be held and used by us in accordance with our Privacy Policy which is available at the Website. You agree to provide us with current, complete and accurate details in any Purchaser Order. We may ask you to provide additional details or require you to confirm your details to enable us to process any Order.

4.3                   (Payment) Payment for Purchase Orders is to be made as follows:

(a)                    we may require that you make payment at the time of ordering over the phone by valid debit or credit card or other payment method acceptable to us. By paying for a Purchase Order in this manner, you represent and declare that you are authorised to use the designated card or method and authorize us to charge your order (including taxes, delivery costs, handling and any other amounts described on the Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically; or 

(b)                    alternatively,  we  may issue an invoice to you following placement of your Purchase Order by email or fax to your address provided. Each invoice will be a valid tax invoice. All amounts are payable by you within the period of time stipulated on the invoice by one of the methods set out in an invoice in cleared funds without any set-off, abatement, counterclaim or deduction. If no period of time for payment is stipulated on the invoice, the amounts will be payable within 7 days of the date of the invoice.

5.                       TELEPHONE ORDERS

5.1                   (Registration) Before placing a Telephone Order you may be required to complete the customer registration process through our Website or manually by telephone with a representative of Platinum Health.

5.2                   (Personal Information) Any personal information that you give us via the Telephone Order or otherwise will be held and used by us in accordance with our Privacy Policy which is available at the Website. You agree to provide us with current, complete and accurate details in any Telephone Order. We may ask you to provide additional details or require you to confirm your details to enable us to process any Order.

5.3                   (Payment) Payment for Telephone Orders is to be made as follows:

(a)                    we may require that you make payment at the time of ordering over the phone by valid debit or credit card or other payment method acceptable to us. By paying for a Telephone Order in this manner, you represent and declare that you are authorised to use the designated card or method and authorize us to charge your order (including taxes, delivery costs, handling and any other amounts described on the Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically; or 

(b)                    alternatively,  we  may issue an invoice to you following placement of your Telephone Order by email or fax to your address provided. Each invoice will be a valid tax invoice. All amounts are payable by you within of the period of time stipulated on the invoice by one of the methods set out in an invoice in cleared funds without any set-off, abatement, counterclaim or deduction. If no period of time for payment is stipulated on the invoice, the amounts will be payable within 7 days of the date of the invoice.

6.                       Pricing, stock availability and delivery (all orders)

6.1                   Prices

(a)                    The prices of Products and delivery and other charges displayed on the Website or as notified to you in a Purchase Order form or via the Telephone Order process are current at that time, however, we reserve the right to change prices at any time before we accept an Order from you. We may offer you, or certain customers, access to special product catalogues and pricing from our Website from time to time. After you have completed registration for a customer account on our Website, the product catalogue and pricing that is accessible via your account is that which applies to you. We reserve the right and discretion to alter our product catalogue and pricing from time to time.

(b)                    All prices are in Australian Dollars (AUD) 

(c)                    If you have registered an account via our Website, and you are logged into the Website using that account, the product prices presented will be exclusive of GST. Otherwise, product prices will be presented inclusive of GST unless otherwise stated. Some products to some customers may specifically shown as exclusive of GST or GST exempt. 

(d)                    We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):

(i)                      the purchase price of each Product that is ordered;

(ii)                     the delivery fee for delivering the Products to you; 

(iii)                   any fees for services selected by you; and

(iv)                   any other fees and charges set out in these T&Cs.

6.2                   Unique Price Lists

(a)                    As noted above, we may offer you, or certain customers, access to special product catalogues and pricing from our Website from time to time (Unique Price List). 

(b)                    The availability of the Unique Price List to you, may be conditional upon you spending a certain amount within a certain period on an ongoing basis (Minimum Spend). We will notify these Minimum Spend requirements to you.

(c)                    Should you not meet the Minimum Spend requirements notified to you, we may revoke your access to a Unique Price List.

6.3                   Price Match Guarantee

(a)                    If you find a Product being offered by a competitor advertised at a lower price, that Product is in stock and available for immediate sale by that competitor using the same payment method, and our team is able to verify the price and availability of that Product with the competitor, we may match the price of that Product in your Order, unless we have agreed on a Unique Price List with you, and that Product is offered under that Unique Price List.

(b)                    You can request a price match by filling out the price match request form, available at our Website. 

(c)                    We reserve the right to reject a price match request at any time, without reason. 

6.4                   Stock availability

Product stock fluctuates regularly. If your Product is not in stock your Order will be dispatched as soon as the Product is in stock. If some, but not all, of the quantity of a Product ordered is in stock, we will not offer partial delivery unless otherwise agreed between us and you. If we will consider offering partial delivery in respect of such an Order, we will first contact you to discuss and agree to the delivery arrangements. 

6.5                   Delivery and Shipping Fees

(a)                    In some instances, at our discretion, we may require that you provide proof of payment, or otherwise await receipt of payment from you, before we ship an Order to you. 

(b)                    We deliver Products using a number of local freight operators. Shipping costs are influenced by the size and weight of the Products and your location. Where all Products ordered are in stock, Orders are typically dispatched within 2 to 3 business days of receipt of full payment from you for the Order. If not all Products ordered are in stock, Orders will take longer to dispatch and we will endeavour to notify you of these expected timings at that time. Shipping times are estimated at between 5 to 7 business days for any areas within Australia. Delivery to Western Australia metro, the Northern Territory, and regional areas may take longer than 7 days due to transit times.

(c)                    Although Platinum Health will make every effort to adhere to an agreed time for delivery, it accepts no responsibility for any loss or damage resulting from any delay however caused. 

(d)                    Platinum Health will not deliver Products to PO Box addresses. 

(e)                    Automatic free shipping applies on:

(i)                      VIC: On Orders Over $199

(ii)                     TAS: On Orders Over $199

(iii)                   NSW: On Orders Over $199

(iv)                   SA: On Orders Over $199

(v)                    QLD: On Orders Over $199

(vi)                   WA: On Orders Over $399

(vii)                 NT: No Free Shipping 

(f)                      Ranges that are excluded from free shipping:

(i)                      Mobility & Daily Living 

(ii)                     Furnishing

(iii)                   Paper Products 

(iv)                   Cleaning & Waste Management

(g)                    Please see our Shipping Policy on our Website for further details. 

(h)                    From time to time, we may offer certain customers free or discounted shipping rates, at our discretion. 

6.6                   Credit Limit

(a)                    Should we provide you with the option to purchase Products on credit, we will also inform you of your credit limit (Credit Limit), which must not be exceeded at any time.

(b)                    If at any time, you exceed your Credit Limit, we are not obliged to fulfill an Order or deliver a Product the subject of the Order to you, unless we agree to do so, or until such time you no longer exceed the Credit Limit.

(c)                    We may from time to time carry out credit enquiries to verify your creditworthiness, and you hereby consent to us using information you have provided to us to do so. 

6.7                   Security for payment

You acknowledge, as the customer placing the Order with us, that by placing an Order with us, that you will be solely responsible for payment of the Order, regardless of any changes in your circumstances, and regardless of the party that is intended by you to make the ultimate payment for the Order or be the ultimate end user of the Products in the Order.  

7.                       refunds and returns

7.1                   Acceptable returns

Products may be returned to us:

(a)                    where there is deemed to be a breach of a guarantee under the Australian Consumer Law or other applicable consumer protection laws or regulations; or

(b)                    where there is deemed to be a breach of any Express Warranty (see below) or Manufacturer’s Warranty (see below), and the Products are returned in accordance with the terms of that warranty.

7.2                   No change of mind returns

Please choose Products carefully as returns and refunds are not possible where you have changed your mind, made a wrong selection or found the Products cheaper elsewhere. Please carefully review the Products and ask us as many questions as possible to decide if the Products are appropriate for you before proceeding with your final purchase.

7.3                   Assessment and condition of Products for acceptable return

Platinum Health reserves the right to assess the eligibility of Products before accepting them for return. This includes reviewing the condition and age of the Products. All Products that a customer wishes to be assessed for return must be:

(a)                    accompanied by valid proof of purchase documentation from Platinum Health; and

(b)                    unaltered, unmodified, unmarked, undamaged and complete with instruction manuals, tags, labels and accessories supplied with the Products as part of the purchase.

Please note that it may be necessary for the manufacturer of the Products to inspect the Products in order to assess eligibility for return. Platinum Health will endeavour to procure such assessment within a reasonable time. While Products are being assessed, Platinum Health will not be deemed to have accepted the Products for return.

7.4                   Non-returnable Products

Other than any remedies under Australian Consumer Law or other relevant legislation, Products which are used in a way or environment that would create OH&S and hygiene risks may not be returned. This includes any Products that may have been soiled or exposed to biological contamination. This also includes but is not limited to Products used for: consumable healthcare goods; disinfection control products; cleaning products; bathroom & bathing; toileting; toileting & hygiene slings; stockings & undergarments; pillows, bedding & protectors; continence products; bracing & supports; compression garments; personal kitchen aids; cutlery & crockery.

7.5                   Customised or special orders may not be returned

Products that have been customised or modified to suit the specific needs of the customer or user, or that are made to order, may not be returned. Products that have been purchased specifically for the customer or user and would not normally be held in stock by Platinum Health as part of Platinum Health’s range and may not be returned unless upon request Platinum Health’s supplier accepts the return from Platinum Health. Platinum Health will endeavour to procure such acceptance within a reasonable time.

7.6                   Restocking fee

Platinum Health apply a restocking fee of 20% of the Product price upon receiving your return.

7.7                   Delivery charges

If upon assessment it is confirmed that Products have breached a consumer guarantee under Australian Consumer Law, any delivery/shipping costs to return the Products to Platinum Health will be at Platinum Health’s cost. If the Products have not breached a consumer guarantee under Australian Consumer Law, all delivery/shipping costs to return the Products to Platinum Health will be paid for by the consumer, unless otherwise agreed by us.

7.8                   Products that are accepted for return

Subject to any obligation of Platinum Health at law to the contrary, when Platinum Health accepts Products for return:

(a)                    for a failure to comply with a consumer guarantee which is not a "major failure", Platinum Health may either:

(i)                      have the Products repaired or provide an identical replacement; or

(ii)                     provide a refund of the amount paid for the Products, within a reasonable time; 

(b)                    for a failure to comply with a consumer guarantee which is a "major failure" that cannot be remedied, you may either:

(i)                      reject the Products and choose a refund or identical replacement or one of the same type and similar value (if reasonably available);

(ii)                     keep the Products and get compensation for any drop in value of the Products caused by the failure; or

(iii)                   agree with Platinum Health to a repair of the Products; 

(c)                    under an Express Warranty, Platinum Health may either repair or replace the Products or offer a refund in accordance with the Express Warranty.

If Products are accepted for repair, Platinum Health will undertake such repairs within a reasonable time. All repairs will be undertaken as prescribed under the Australian Consumer Law. In some circumstances, Platinum Health may need to charge you the reasonable costs of undertaking the repair.

7.9                   Refunds

If you are entitled to a refund, your refund will be issued by credit card, cheque or EFT depending on your original payment method for the Products. Refunds are only available via the method used in making the purchase, and to the exact party who made the payment. Refunds will not be made to alternative payment methods or to alternative parties or persons. No cash refunds will be provided. Refunds will take 10 business days to be processed.

8.                       INSTALMENT PAYMENTS 

8.1                   Sale by instalments

From time to time, we offer payment by way of instalments.  If this is the case, your invoice will specify the number of instalments, the sum to be paid in each instalment, and the date of payment of each instalment.

8.2                   Service Fee

We may impose a reasonable service fee on sales by instalment payments, which will be outlined in your invoice.

8.3                   Title

Title to the Products will pass to you upon payment of the final instalment.

8.4                   Delivery

We will deliver the Products to you as soon as practicable following the date of receipt of payment of the first instalment. In some cases, we may agree to the deliver the Products before the first instalment payment is received, at our discretion.

8.5                   No termination

You cannot terminate an instalment payment arrangement. The person who placed the instalment order will remain responsible for fulfilling all remaining instalment payments, until such time as all instalments have been paid in full.

9.                       PRODUCT WARRANTIES

9.1                   (General) In addition to the rights and remedies available to you under law, Platinum Health or the manufacturer of the Products may provide an additional warranty (see below). When provided, the warranty period, provisions and the company providing the warranty will be clearly specified on or inside the product packaging. Please refer to these warranty documents to determine the terms and conditions of any additional warranty. To the extent permitted by law, all other warranties and representations are excluded.

9.2                   (Express Warranty) Platinum Health may offer an express warranty for certain products (Express Warranty) information of which will be contained with the relevant Products purchased. The benefits given to consumers by the Express Warranty are in addition to other rights and remedies that may be available under a law in relation to the products to which the Express Warranty relates. An Express Warranty does not exclude, restrict or modify any such statutory rights or remedies.

9.3                   (Manufacturer Warranty) Platinum Health distributes high-quality Products that are sometimes backed by a manufacturer’s warranty (Manufacturer’s Warranty). The extent of this warranty will be documented by way of  “Written Warranty Statement” provided by the manufacturer with the relevant products supplied to you by Platinum Health. If the condition of the product is such as it might or would (subject to these terms) entitle you to claim under the Manufacturer’s Warranty, you must first make a written request to Platinum Health to fulfil any applicable warranty obligations. To the extent a valid warranty obligation exists, as determined by Platinum Health, Platinum Health Supply will then be entitled to take corrective actions within a reasonable time in the manner it deems appropriate, including, but not limited to repair or replacement of the product or refund the price paid for the product. If Platinum Health takes corrective action, then Platinum Health shall not be liable for any loss or damage of any nature whatsoever arising from and after initial delivery of the product, or the performance of its warranty obligations.

10.                   Warranty and Liability

10.1              Platinum Health accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other equivalent legislation the effect of which cannot be excluded. However, where we are permitted by law, we will only replace the Products, supply equivalent Products, repair the Products, pay you for the cost of replacing the Products (or of acquiring equivalent Products), or pay you for the cost of having the Products repaired.

10.2              Where we are permitted by law, and subject to clause 10.1:

(a)                    we do not warrant or represent the suitability of the Website or a Product for any purpose; and

(b)                    we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Website or the Products.

10.3              Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

10.4              Information on the Website is provided “as is” without warranty of any kind. Information on the Website may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice.

11.                   NO GUARANTEE

11.1              To the extent permitted by law, Platinum Health makes no representation, warranty or guarantee regarding:

(a)                    the description(s) of Products used on the Website;

(b)                    your ability to access or use the Website or any material on the website at any time; 

(c)                    the loss or modification of information or material transmitted to or from the Website;

(d)                    the absence of any defect, technical problem or virus attached to or arising from the Website or the server upon which it is hosted;

(e)                    the use or misuse of the Website or any material on the Website by other users or the conduct of other users on or through the website; or

(f)                      the Products displayed on the Website being available at any time.

11.2              Photographs on the Website are illustrative only and may vary from the products described or offered for sale on the Website.

12.                   AUSTRALIAN CONSUMER LAW

Where these T&Cs exclude or limit our liability, such exclusion or limitation shall apply only to the extent permitted by law.  Provisions of the Australian Consumer Law, and other statutes from time to time in force in Australia may apply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified except to a limited extent. These T&Cs shall be read and construed subject to any such statutory provisions.  If any such statutory provisions apply, then to the extent to which we are entitled to do so, our, liability under those statutory provisions shall be limited to:

(a)                    replacement of Products or the provisions of equivalent Products; 

(b)                    payment of the cost of replacing the Products or of acquiring equivalent Products; 

(c)                    payment of the costs of repairing Products; 

(d)                    repair of Products; or

(e)                    refunding to you the costs of the Products giving rise to the liability. 

13.                   COPYRIGHT

The content contained on the Website is protected by copyright.  Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the content on our website, or create any other material using content on our website, without obtaining our prior written consent.  Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.

14.                   HYPERLINKS

We make no representations about websites accessed through the Website which are not maintained, controlled or created by us. We do not endorse these sites and are not responsible for their content. Links to, or framing of, external sites should not be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on the Website.

15.                   privacy

In order for Platinum Health to process your order we may collect your personal information, such as your name or contact details, including postal and email address and telephone number. Collection of your personal information will be managed in accordance with our Privacy Policy which is available at our Website.

16.                   SMS MARKETING

By placing an order for Products on our Website, Purchase Order or Telephone Order, you acknowledge and agree that we may send you survey and feedback emails or SMS in relation to your Order and/or Products. You may opt out of the survey and feedback emails by clicking the unsubscribe link in the footer of those emails. You may opt out of SMS by replying STOP.

17.                   Variation  

Platinum Health reserves its rights to vary these T&Cs without prior notice to you. Variations will be notified on the Website.

18.                   Severance of clauses 

If any part of these T&Cs is unenforceable the unenforceability does not affect any other part of them.

19.                   Jurisdiction 

These terms are governed by and must be construed under the laws of the State of Victoria. You and we both submit to the non-exclusive jurisdiction of the courts of that State.