terms & conditions

1. ACCEPTANCE
The "physicool.com.au" website ("website") is operated by Happy Landing Pty Ltd (ABN 71 121 800 940) distributors of physicool products in Australia. Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). You should read them now. Your use of the website constitutes your agreement to the Terms and Conditions.

Happy Landing Pty Ltd reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment becomes effective constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.

2. CAPACITY
The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

3. ORDERS
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Happy Landing Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with Happy Landing Pty Ltd only comes into existence when it forwards confirmation of receipt of your order and payment.

4. PRICES
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.

Goods and Services ("GST") and Other Taxes
Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

5. DELIVERY
Please read the Delivery Information contained in the website. The delivery times are indicative only and Happy Landing Pty Ltd will not be liable for any failure to observe these delivery times.

6. RISK & TITLE
Happy Landing Pty Ltd will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or on collection by a postal or courier service. You should consider whether to obtain any suitable insurance.

7. CLAIMS & RETURNS
Do not under any circumstances send the goods back to us without notice. Happy Landing Pty Ltd accepts no responsibility whatsoever for goods that are sent back by the purchaser and are lost or stolen before arriving.

7.1 If you receive Goods that you find to be faulty or incorrect you must notify HAPPY LANDING PTY LTD WITHIN 14 DAYS after delivery of the Goods to you [via an email to our Customer Service Centre] providing:

your name
your order number
daytime telephone number and/or email address
a brief description of the fault or problem with the Goods

Our Customer Service representative will then contact you and provide you with a return authorisation number. Any claim which you do not notify within that period shall be deemed to have been absolutely waived.

7.2 If an incorrect product was received we will either replace or refund at our discretion.

7.3 If the Goods delivered are faulty our Customer Service representative will arrange for the Goods to be collected from you by courier and returned to us for inspection which is likely to take approximately 14 days to process from the date of receipt of Goods by Happy Landing Pty Ltd (exceptions may occur).

7.4 If the Goods are found to be faulty, you will be provided with a replacement item free of charge or the price you paid for the Goods will be refunded to you in full, at our discretion. You will not incur any charge for the delivery of these Goods to you.

7.5 If the Goods are found not to be faulty, you will be notified in writing by our Customer Service representative who will advise you of the manufacturer’s decision. In these circumstances, the Goods will be returned to you by Australia Post or courier.

7.6 Happy Landing Pty Ltd will not be held responsible for damage caused to Goods by misuse or poor care.

8. LIMITATION OF LIABILITY
Happy Landing Pty Ltd will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Happy Landing Pty Ltd has been advised of the possibility of such damages.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Happy Landing Pty Ltd for any breach of such term, condition or warranty shall be limited, at the option of Happy Landing Pty Ltd, to any one or more of the following:

1. if the breach relates to goods:

the replacement of the goods or supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and

2. if the breach to relates to services:

the supplying of the services again; or
the payment of the cost of having the services supplied again.

9. DISCLAIMER
While the information contained in the website is believed to be accurate and current, it is provided by Happy Landing Pty Ltd in good faith on an "as is" basis. Happy Landing Pty Ltd and, its' directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website.

To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.

10. LINKS
The website contains links to websites not maintained or controlled with Happy Landing Pty Ltd and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. Happy Landing Pty Ltd will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those web sites.

11. COPYRIGHT
Happy Landing Pty Ltd is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Happy Landing Pty Ltd .

12. VIRUSES
Happy Landing Pty Ltd does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects.

It is your responsibility to scan any such information for computer viruses. Happy Landing Pty Ltd will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Happy Landing Pty Ltd, it shall be limited to the cost of re-supplying that information.

13. APPLICABLE LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia.

Related Reading: Privacy Policy & Retailer Application Form & Trading Terms.

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terms & conditions