Terms & Conditions of TheBreastFormStore.com.au(Contract)

Please read the following terms and conditions carefully before placing your order from the TheBreastFormStore.com.au will enter you into a legally binding contract that is set out in the conditions below:

There may be statements within these terms that are also found in the Privacy, Payment, Returns and Refunds and Order and Delivery sections.

Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

Contract – the sale by us and purchase by you of goods.
Goods – the items that are available to purchase from this site.
Site – Our online shop that forms part of our website, the address of which is www.thebreastformstore.com.au
Delivery method of delivery selected by you that we present on the website

Who we are:

We are a family owned company that has been helping members of the Post Mastectomy, Pre-Op, Transgender and Cross-Dressing community choose the perfect mastectomy breast forms and products designed for them.

We provide only quality products that we either manufacture, customise or source from reliable producers.

The Breastformstore® has been trading in Australia since 2005 and globally since 1993.

TheBreastforStore® is a registered and protected trademark.
(Any attempt to use/misrepresent/copy/imitate/manipulate it will result in legal action against you.)

Trading as:

The Breastform Store
AND
The BF Store

ABN 27839821495

Trading Address:

PO Box 236
Swansea, NSW
2281 Australia

Disclaimers

a) General Disclaimer

Whilst every effort is made to ensure the accuracy of information contained in our site, we will not be held responsible for any inaccuracies and disclaim all warranties and representation whether implied or expressed as permitted by law. At TheBreastFormStore.com.au, we want you to be happy with your purchase(s) and would urge you to contact us prior to making your choices should there be any aspect of the purchase about which you are unsure.

We are not responsible for any losses or damages howsoever incurred as a result of late/non delivery of any product(s) purchased through our web site. Should you be concerned about your package being lost or damaged please contact us. Please note that we will NOT replace any product lost or damaged in the mail unless you have selected postal insurance.

b) This site and its use

The content of this site is wholly owned by or licensed to The Breastformstore Australia. While you may view and print individual pages for your own use, it is expressly forbidden to reproduce, distribute or display etc. any pages or part of this site without our prior written consent.

We will make every effort to ensure the efficiency of our site but cannot be held liable for any loss or damages incurred due to operational errors nor do we guarantee that our site is free from viruses etc.

We are not responsible for any loss or damage incurred through the use of information or advice given in our website except where we are deemed liable under Australian law.

We aim to have all our products in stock for quick dispatch at all times but should we run out of stock during periods of heavy demand, we will advise you as soon as possible.

We will retain your details to process your orders but will not willingly or knowingly divulge this information to a non-essential third party. Please see our Ordering & Dispatch and Privacy Policy for further information.

c) Items offered for sale

It is our intention to offer you high quality goods and provide a first class service.

Some items offered for sale on our website are not manufactured by us and may not be available from stock held by us. We will endeavour to ensure these products are available for delivery within the suggested delivery period but if a delay is inevitable and beyond our control we aim to advise you as soon as possible.

We aim to deliver products manufactured by us within 10 – 14 working days of receiving your payment, with the exception of any product that may be a special order item or out of stock. If your item is out of stock we will contact you as quickly as possible. All special order items will be shipped as soon as the product arrives, delays in shipping are not reasonable grounds for cancellation of an order.

d) Ordering & Dispatch

When you place your order you will receive an automatically generated receipt/confirmation e-mail. Delivery times are estimates and does not constitute a contract between us for that time frame. TheBreastFormStore.com.au may withdraw the offer to supply at any time(with refund) prior to dispatch or change the delivery time/estimate. When placing an order you accept these conditions.

We require your name, e-mail address, delivery address, daytime contact telephone number and/or any other details useful in the event of needing to contact you urgently – particularly useful for our carriers. Please be aware that whilst it is necessary to make this information available to our delivery companies, we do not share this information with any other companies at any time.

e) Making Payment

Having placed your order if you choose to pay by PayPal you will be taken through to the PayPal website to complete the transaction. VISA and MasterCard payments will be made through the Commonwealth Bank payment gateway. Please see Cookies for more information. You can make payment using Direct Deposit or Postal Money Order.

All prices quoted are in Australian Dollars. where applicable. Prices shown are exclusive of delivery. All prices on the website are shown with GST included

f) Cookies

Cookies are small pieces of information stored on your computer’s hard drive. They can be turned off within your browser, however you will be unable to place orders or benefit from the other features that use cookies. We use cookies to keep track of the contents of your shopping cart. The information collected is necessary to:

CONDITIONS:

Warranty & Guarantees

All of our products are covered under the Consumer Guarantee according to Australian Law. Many of our products also have a warranty*.

*Warranty conditions vary for each product according to manufacturer warranty.

Problems with a product ?

If you have a problem with your goods which falls under the Consumer Guarantee or Warranty we will either:

- Refund
- Replace with an identical, or one of similar value if reasonably available, or
- Let you keep the goods and offer you partial reimbursement for the drop in value caused by the problem. (we would need evidence of this)

If you know of a defect/variation with a good before purchasing it you may not be entitled to seek compensation for that defect/variation.

We will fix the problem within a reasonable time(depending on the circumstances). You must give us first opportunity to rectify any problem. Failure to do so may void and claims you have to a replacement or refund.
If we take longer than 2 months to resolve your problem we will:

- refund, or
- give you a replacement, if one is reasonably available.

Cancelled orders.

If you cancel an order that has already been processed/already paid for (because you change your mind or your circumstances change) then you are not entitled to a refund.
However we will allow you:

- A store credit*…
- A gift Voucher*You can NOT cancel an order that has already been placed with a supplier if you change your mind. Please select carefully. *Store credits/vouchers do NOT expire. You will be given a receipt of store credit/voucher. Please retain your receipt as proof of purchase.

Refunds

Can I get a refund if I change my mind? We will not give you a refund if you change your mind about something you bought and paid for,
however we do offer exchange or store credit (which does not expire)We do not give refunds if you

- simply change your mind, or
- make a wrong decision.
- your shipping option is not available (for example you select express and the item is out of stock or you are not in an express delivery area). However we will reimburse you the cost between normal postage and express postage.

You can choose between a refund, exchange or alternate product where goods:

- are faulty(if there is no same or similar replacement product available within reasonable time)
- have been wrongly described
- are different from a sample shown to you, (variations due to computer displays/colours does not constitute a difference)
- do not do what they are supposed to.
- your order is delayed by the manufacturer for a long period of time.

ALL our items are inspected for faults before they are posted. If it is suspected you have damaged the items yourself to effect a refund claim or you have attempted to mislead us we may deny your claim.

Exchanges

If you make a mistake and select the wrong size we will exchange your product provided:

- You contact us a soon as possible.
- You return your item(s) Undamaged/Unsoiled/UNUSED.
- You have not treated your item(s) in such a way that it decreases their value.
- You return them in the same condition you received them.
- You return breastforms in the original undamaged cases/holders.
- Return a copy of your original receipt with your items. We WILL refuse ANY exchange made without reasonable proof of purchase.
- For your own protection – return your item(s) via insured mail to their full value. If they are lost/damaged in the mail we can NOT exchange or refund unless you have insured the items.
- You have not breached anything stated or implied our conditions

If we receive the item(s) and we determine it has been damaged/soiled/used then we will refuse the exchange. Your item(s) will be returned to you at your expense.

We do not offer exchange on custom orders as they are custom n=made for YOU. They are not “off the shelf” products and do not have an equivalent exchangeable product. Please choose carefully.

Wigs

Wigs Wig pictures and descriptions are made to the best of the manufacturers and our ability… All wigs are hand made either from synthetics or human hair and may vary slightly in colour, highlights, shape and cut. Minor wig cut or colour variation does NOT constitute any of the following:

- a fault.
- a wrong description.
- being different from a sample shown to you.
- not being able to do what they are supposed to.

Many wigs will need to be “styled” or “trimmed” to get the to look like the pictures shown. Minor wig variation is NOT reasonable grounds for a refund or exchange. None will be given unless the item is faulty.

Vouchers, Gift Certificates & Store Credits

Each voucher/certificate has an unique serial number. Once presented it can not be used again. Gift Certificates can be used by anyone – treat them as cash. If you lose your certificate contact us immediately and we will cancel it. If it is presented or used before you contact us you could forfeit your funds. Discount vouchers(loyalty vouchers) can ONLY be used by you. If you lose them just ask us to apply your voucher – if you are on file, we keep record of all vouchers . Terms and conditions: please read the terms and conditions on your voucher/certificate.

What if I received a voucher as a gift? You have the same rights as a person who has bought it directly. Proof of purchase is needed make sure you get the original the receipt.

Conditions

For purposes of this document TheBreastformStore shall be know as TBFS

General Conditions:All our items are guaranteed so that :

- they are of acceptable quality. (safe, durable and free from defects., acceptable in appearance and finish, and do the job for which they are intended)
- they match the description, they will match the description given to you on our website
- they match the sample or demonstration model shown to you. (variations due to computer displays/colours does not constitute a difference)

We will honour any warranty or promise stated on our website(see condition ..6), and honour the Consumer Guarantee. You will not be covered by the new Consumer Guarantees for goods:

- bought before 1 January 2011. These are covered by laws that were in force before 1 January 2011.
- you buy to on-sell or re-supply (ie you sell them in your business or to another person)
- you want to use, as part of a business, to:
  - manufacture or produce something else, for example, as an ingredient
  - repair or otherwise use on other goods or fixtures
- a problem is caused by someone else said or did, unless it was their agent or employee, or
- a problem is caused beyond human control that happened after the goods or services were supplied to you.

Specific Conditions :

a. Breastforms that have a manufacturer’s warranty. (Excludes Nearly Me, Transforms, Jiggles, Gold Seal Naked & all Breast Enhancers)

- - For a period of either 3 months, 1, 2 or 5 years according to the manufacturer – this is stated on your warranty booklet/pamphlet/receipt/website product page. If your product does not come with a warranty booklet/pamphlet/receipt then please contact us.

b. Warranty period is stated in your warranty booklet/pamphlet/receipt for your product. In the case of Breastforms (excludes some items – this is stated on the item page) warranty on breastforms (where applicable) ONLY covers failure of the following:

- - Separation of seams . NOT tears or rips adjacent to the seams.
  - Separation of the nipple or areola from the form . This does not include tears or rips adjacent to the nipple or areola.
  - Separation of a substantial amount of filling from the outer skin so as to make the form unusable
  - Separation of adhesive backings on self adhesive forms(subject to following manufacturers instructions).
  - A manufacturing fault that prevents use of the product.

NOTE: Manufacturer Warranty does NOT cover any other fault(s). NO other Warranty or Express Warranty stated or implied. Please Note: You must give TheBreastformStore first opportunity to satisfy your claim. Defects (stated in the conditions) will entitle the you to a replacement or refund if no equivalent replacement product is readily available in a reasonable time frame. You must pay all initial postal charges. You must return your products to TBFS before we can process or accept a claim. If you claim is accepted then the cost of the item and postal charges within Australia(which are considered reasonable – for example: economy rates) will be reimbursed to you. We do NOT reimburse international postage costs from your postal area to our office, you are liable for all postage costs in this case. Note: Warranty is only available on those products where stated..

If you are not satisfied with your product you can return it. In this case you MAY be entitled to one of the following:

- A refund
- A store credit
- An exchange of the item for another of equal or lesser value.

NOTE: You are only legally entitled to a refund if your items:

- are faulty
- have been wrongly described
- are different from a sample shown to you,

- do not do what they are supposed to.(this does not cover if you simply don’t like them or don’t suit you, dont fit or are a colour shade you have ordered but dont like)

To return your items please contact us as soon as possible.

If you are returning a product you MUST :

- - Cease to use the product.
  - If you are returning a product as part of a guarantee/warranty claim then you must cease to use a product. Any failure to do so may void any warranty or guarantee.

- - Return your item(s) Undamaged/Unsoiled(unless making a warranty/guarantee claim)
  - Not have treated your item(s) in such a way that it decreases their value.
  - Return your original receipt with your items. We WILL refuse ANY claim made without this.
  - Returned in the same condition you received them
  - Return breastforms in the original protective sleeves(these are part of the breastform package and not considered regular packaging).
  - Returned your item(s) via insured mail to their full value with tracking number.(see condition 3)
  - Not have breached any other stated or implied condition of the Consumer Guarantee. or warranty

Failure to comply with any of these conditions may result in your items being returned at further cost to you and your claim denied..

Your items will be sent with the shipping option you choose at checkout. All our items have a Tracking Number. All items are inspected before dispatch.

If your items arrive damaged:

- - If they arrive damaged you must contact us immediately. You can ONLY place a claim for the item if you have selected extra cover. If you have NOT selected extra cover then we will deny any claim with us.
  - If you have selected extra cover you must make this claim with Australia Post. We will provide you the details of this for your claim. It is NOT our responsibility to make this claim with Australia Post. It is YOURS.
  - You may be asked to fill out a claim form at a post office and provide proof of damage.
  - DECISION FOR POSTAL DAMAGE IS MADE BY AUSTRALIA POST – NOT US – AND IF REJECTED BY THEM WE ARE UNABLE TO ASSIST YOU.

NOTE: We can not be responsible for loss or damage in the mail. If you fail to insure the item we will not be responsible for OR replace it if it gets lost stolen or damaged in the mail or suffers any other misadventure. If returning items you will be liable for initial return postage costs and any associated postage costs and you may be liable for further postage costs, fees or charges and credit card fees if applicable. In the case of a faulty product, if it is found faulty by us or the manufacturer your postage costs will be refunded to you ( for Australia Post destinations only – no international postage).

If your breastforms fail as a result of a manufacturing defect within the first 12 months we will replace it:

- IF it the fault is caused by a manufacturing defect. This must be determined by us and/or the manufacturer and your product must be returned to us for evaluation before we will decide to replace it or not. If it is not a defect you will be liable for all return postage costs.
- Excludes damage caused by any of the items listed in Section (ii) “What it Does not Cover” .

Proof Of Purchase: You require proof of purchase. For example:

- a lay-by agreement
- a confirmation or receipt number provided for a telephone or internet transaction
- a credit card or debit card statement
- a validated warranty card showing the supplier’s or manufacturer’s details and the date or amount of the purchase
- a serial or production number linked with the purchase on the supplier’s or manufacturer’s database.

Changes to the website are subject to no notice, information on your product may change according to manufacturers descriptions at any time. However we will honour all descriptions at time of purchase for guarantee or warranty purposes.

Original packaging: We will not refuse a refund/exchange if you cant return your goods in the original box/packaging. However all breastforms are sold with protective holders/sleeves or carry bags – which are part of the breastform package (contained within the box). You must return the protective holders with any return breastforms.

Cancelled orders do not include Custom Orders. Custom orders are specific to your requirements and will not qualify for refund or exchange in the case of a cancelled order.
Orders that have shipped from our store or the factory can NOT be cancelled.

Please note:

All attempts have been made to represent Warranty and Consumer Guarantee in accordance with the law and the Department of Fair Trading regulations. If there is error or omission it is purely by accident and NOT by design.

For further info on your rights as a consumer please visit Department of Fair Trading or Phone 13 32 20or a summary of your consumer rights are at: http://www.fairtrading.nsw.gov.au/Consumers/Consumer_guarantees_warranties_and_refunds.html

GST

GST is included in all purchases unless stated on your invoice. GST is INCLUDED in your purchase on all items in Australia where applicable. If you are able to claim GST, the GST component but will be shown for all accounts on your invoice that is shipped with your products. Under subsection 38-45(1) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) only products such as mastectomy breastforms, pocketed bras, mastectomy & ostomy adhesives are GST free.

Tax avoidance is a crime..We will report any attempt of tax avoidance to the Australian Tax Office. For further information please go to the ATO webiste.

Medicare Rebates: Many of our products qualify for Medicare rebate if you have a recognised medical condition. We can assist you with this if you are unsure how to claim. Any misrepresentation of a person to fraudulently claim Medicare funds will be reported Medicare. MEDICARE Website

Terms & Conditions