Terms & Conditions

Introduction | Privacy | Product Information | Placing and Accepting Orders | Delivery | Returns and Exchanges | Release and Indemnity | Submissions |

Introduction

These Terms and Conditions govern the use of Therapeutic Pillow International's web site ("the web site") and the purchase of any goods from it.

The products and services offered for sale by Therapeutic Pillow International are not available to persons under the age of 18 year old and any other persons who are legally prohibited form entering into binding contracts. Any party engaged in illegal activities involving the use of the web site will be subject to civil and criminal sanctions and prosecution. Therapeutic Pillow International does not guarantee that it will be able to prevent any illegal or inappropriate use of this web site, nor that it will give notice of any illegal or inappropriate use of the web site.

Most goods and services attract a Goods and Services Tax (GST) at 10% if delivered in Australia. The GST-inclusive price that appears on the site is the price you pay.

It is a violation of the law to place orders under a false name or with a fraudulently obtained credit card. Fraudulent ordering will be prosecuted to the fullest extent the law allows.
^Top

Acknowledgment and acceptance of Terms and Conditions

the-pillow.com.au web site is owned and operated by Therapeutic Pillow International (ABN 30 418 778 178). By accessing, browsing, or using this web site, you agree to the terms, conditions, disclaimers and limitations of liability herein as amended from time to time. By purchasing an item advertised on this web site and/or by completing the registration process to become an Associate (stockist) of Therapeutic Pillow International ("an associate"), you agree to be bound by these Terms and Conditions. Therapeutic Pillow International may amend these Terms and Conditions from time to time and any amendment constitutes an agreement to abide by and be bound by those Terms and Conditions, as amended. By using the web site, you acknowledge that you have read and understood these Terms and Conditions.
^Top

Limitation of Liability

Any liability of Therapeutic Pillow International or Therapeutic Pillow International's Employees and Agents in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Therapeutic Pillow International be limited to:
1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Disclaimer

This Disclaimer constitutes part of these Terms and Conditions.
^Top

Copyright

Copyright in Therapeutic Pillow International web site is property of Therapeutic Pillow International. Material on this web site also comprises copyright material, trademarks and registered trademarks which are the property of Therapeutic Pillow International and third parties. This property may only be used for the purposes of browsing the Therapeutic Pillow International web site and acquiring goods and services of Therapeutic Pillow International
^Top

Applicable Law

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
^Top

Information Provided by You

If you purchase goods and services from Therapeutic Pillow International or register as an associate with us, we may require you to provide your name, address, email address or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Therapeutic Pillow International with current, complete and accurate customer information when asked to do so by the web site or an employee of Therapeutic Pillow International.

Virus Warning

All care is taken to ensure that Therapeutic Pillow International web site and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
^Top

Privacy

We treat all customer information in accordance with our Privacy Policy. Our Privacy and Security Policy constitutes part of these Terms and Conditions:
^Top

Product Information

Prices of goods and services and delivery and other charges displayed on the web site are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the web site is accurate, complete, reliable, current or error free.
^Top

Placing and Accepting Orders

Orders will not be dispatched until payment in full has been received and we're satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, we are not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Cancellation by Us

We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by You

If you need to cancel an order, please contact us immediately on 03 8585 6685. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
^Top

Delivery

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived, we will lodge enquiries with our delivery partners to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not despatch a replacement item until we have resolved the problem. Replacement items will be dispatched according to our discretion.

As a guide only, our couriers attempt to deliver during business hours (between 9am and 5pm). Unfortunately, we are unable give a guaranteed exact time of delivery.

You agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel an order unless otherwise agreed.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
^Top

Returns and Exchanges

Australian Health Regulations do not permit the exchange of a used pillow, so it is important that you choose carefully.
Our pillow selector can help you choose.

If you do return a product please make sure you have proof of despatch, so if your parcel gets lost you will be able to trace it. If your item goes missing in transit we cannot send a replacement or issue a refund.

It is your responsibility to ensure the goods are adequately packaged so it doesn't get damaged in transit. We will not issue a return or exchange unless the product/s are in an "as new" condition.

We have 2 domestic (Australian) returns policies

1. Dissatisfaction with a product's performance.
2. Manufacturing defects or products damaged in transit.

Returns based on customer dissatisfaction with a product:

In order for a refund to be implemented, a returned product must be:

• Unused, and in original condition.
• Undamaged.
• Returned within 10 days of delivery.
• Returned with a copy of the official receipt/tax invoice.

The Customer must pay return freight to:

   Therapeutic Pillow International
   234 Centre Dandenong Road
   CHELTENHAM VIC 3192

If freight has not been pre-paid, we will not accept the item and it will be returned to sender at customer expense. If the product meets the criteria for a returned product in this category, we will refund the original product price via the original method of payment, less outbound freight.

If the product is deemed to have been used, or not in original packaging, or soiled, then the customer will be advised by email and invited to have the product returned to them, at receiver-pays freight. If customer does not wish to have the product returned under these grounds, then the product will be destroyed and no refund provided.
^Top

Returns policy for damaged goods or factory defect goods:

In order for a refund to be implemented, such product must be:

• Unused, and in original condition.
• Returned within 10 days of delivery.
• Returned with a copy of the official receipt/tax invoice.

Customer may return product, freight collect, via Australia Post, to:

   Therapeutic Pillow International,
   234 Centre Dandenong Road
   CHELTENHAM VIC 3192

with full details as to the problem and, if after viewing by us the problem is indeed deemed a factory defect or damage inflicted by the outward bound freight company, then customer will be remitted in full, including outbound freight charges.

Product must be returned in original packaging, and in secure packaging to avoid any further damage.

If on viewing product it is deemed to not have been a factory defect or damage caused by the outward bound freighting, then customer will be contacted to resolve whether customer would like the product returned, and at customer freight cost.

Overseas orders (delivered to countries outside Australia)

Note: For overseas orders, due to the considerable freight costs there is no refund available on any grounds. Our quality control for all outbound orders is such that only product in mint-condition leaves our factory. But overseas customers should liaise with us by email, to try and resolve any issues which would/will meet customer satisfaction.

Release and Indemnity

You agree to waive any and all claims that you now have or may have in the future against Therapeutic Pillow International and Therapeutic Pillow International's Employees and Agents which relate to or are incidental to any transaction.

You agree to indemnify and hold Therapeutic Pillow International harmless from and against any and all claims, loss or expense that may be incurred by Therapeutic Pillow International or Therapeutic Pillow International's Employees and Agents which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Therapeutic Pillow International and Therapeutic Pillow International's Employees and Agents harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.
^Top

Submissions

Therapeutic Pillow International is pleased to hear from you and welcomes your comments on the company and its products and services. Please be specific in you comments and do not submit any creative ideas or suggestions.

Unfortunately our company policy does not allow us to accept or consider creative ideas or suggestions other than those specifically requested. The intent of this policy is to prevent misunderstanding in the future when we may develop products that might seem to others to be similar to their own creative work.

Without limitation of the foregoing, Therapeutic Pillow International shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
^Top