Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") OPTIMA Animal Physiotherapy, "we", "us" to you, the purchaser of goods and services from us, including your use of the website at www.optimaanimalphysio.com.au ("the website"). They are effective from 20^th of July 2022 and will replace all earlier OPTIMA Animal Physiotherapy terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to Australian street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

Our orders are despatched on Monday and Fridays. Expected delivery time-frame is 3-5 working days.

Pricing

All prices are in Australian Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards:
Visa, MasterCard and American Express
We also accept payment from your PayPal account if you have one.

Credit Card Security

All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.

Click here to for PayPal's terms.
https://cms.paypal.com/nz/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US

Shipping and delivery

We charge a standard fee of $12.70 per parcel. Additional items incur an additional freight charge of $4 per extra item. Express shipping is $16.20 per parcel, and additional items incur an additional freight charge of $4 per item.

Your freight charges will be added once you enter your shipping details during the check-out process via the website.

We ship orders on Mondays and Fridays, excluding public holidays. Estimated delivery time is 3-5 business days from shipping date.

All orders are shipped via Australian Post/Couriers with tracking details included.

You will be notified when an order has shipped and given tracking details.

Returns

OPTIMA Animal Physiotherapy will make every effort to comply with all the terms of the fair-trading act and other relevant acts relating to fair trading under Australian Consumer Law. We do not have to provide refunds should you change your mind, so please choose carefully. If goods are faulty, we will meet our obligations under the fair-trading act.

If goods are found to be faulty, not as described, or not fit for purpose, you can choose between a refund or exchange of equal value. Product failures, faults, or discrepancies must be reported with 7 working days by email to katrinka@optimaanimalphysio.com.au

To make returning items, or handling any disputes, easier or faster – please ensure you quote your invoice number in your correspondence with us.

Any faults or product failures reported after 7 days, without warranty, will be dealt with on a case-by-case basis at the discretion of OPTIMA Animal Physiotherapy.

Should we make an error with your order, please inform us within 7 days, and we will organise the correct order to be sent at our cost.

If you have accidentally ordered the incorrect item, and inform us within 7 days, return is at the discretion of OPTIMA Animal Physiotherapy and freight costs are your responsibility. Items must be in as new condition, in original packaging, and in re-saleable condition. Refunds will not be given, but exchanges will be arranged.

Please ensure you follow our size guidelines carefully. If you have ordered the incorrect size, please inform us within 7 days. Return is at the discretion of OPTIMA Animal Physiotherapy and freight costs are your responsibility. Items must be in as new condition, in original packaging, and in re-saleable condition. Refunds will not be given, but exchanges will be arranged.

Items returned due to incorrect ordering will incur an admin fee of $10 inclusive of GST.

Any item returned without postage paid, or returned as "postage paid by receiver", will result in the deduction of the postage costs from any store credit or refund. This excludes faulty product returns.

If any item is returned soiled, without original packaging, and is not able to be re-sold, no refund or exchange will be given unless the product is found to be faulty. If the item you return to us is not eligible for a refund, we can return this item to you at your own cost.

OPTIMA Animal Physio will always aim to resolve any disputes in good faith and as quickly as possible. When you purchase any of our products, you agree as part of our terms and conditions, that if you have an issue with any of our products you will:

• Contact us within 7 working days via email katrinka@optimaanimalphysio.com.au
• Allow us 2 working days to return your message
• Allow us 5 working days after acknowledgement of receiving your dispute to find a resolution.

Credit card disputes via your credit card company or a payment processor, before completing the disputes process, will require you to pay 25% of the purchase price of the product, including shipping, to cover time and resource to resolve your claim with the third party – regardless of the outcome of the investigation.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Australian Consumer Law 2011 will not apply.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under Australian Consumer Law 2011.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of Australia. The Courts of Australia shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Unless you opt to receive messages from us, we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.optimaanimalphysio.com.au

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.