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Definitions
- ‘Customer’ is defined to mean the person, or organization, or company, or other entity placing an order with the seller.
- ‘Order’ is defined to mean when Seller product is ordered and payment for such product have been made in full by the Customer.
- ‘Retail Sale’ is defined to mean a sale made at the retail price stated on the Sellers web site.
- ‘Seller’ is defined to mean Hypnosurf Pty Ltd ACN: 121 809 630.
- ‘Trade Sale’ is defined to mean bulk product sales made at agreed pricing that differs to the retail price stated on the Sellers web site.
- ‘Wording’ as written is to be read in the singular and in the plural where such wording requires such.
Terms and Conditions
1. These terms and conditions shall apply to and form part of each order placed with the Seller. No customer is permitted to vary these terms and conditions without the express written approval of the Seller.
2. Any and all detail as shown on the Seller’ web site, advertising material and the like shall be recognized and understood as an invitation to treat and not an offer. The Customer placing the order shall be recognized and understood as an order and subsequently subject to acceptance by the Seller at their sole and absolute discretion.
3. Postage and Handling costs for product shipped within the Australian Mainland and Tasmania are inclusive of the retail price stated on the Sellers web site.
4. Postage and Handling costs for product shipped to all destinations other than the Australian Mainland and Tasmania shall be charged at the cost as quoted on the Seller' web site.
5. All International orders shall be forwarded and shipped via air mail to the applicable Country.
6. For all International orders the Seller shall be responsible for delivery to that relevant Country, and to that Countries public postal service provider. The Seller can not be responsible and or liable for the internal service delivery of that Countries postal service provider.
7. All orders packaged, forwarded and shipped shall be addressed in strict accordance with the delivery detail provided by the Customer. It is the Customers responsibility to provide the correct delivery detail at time of placing the order.
8. Product ordered by a Customer shall only be packaged and shipped after full payment is made and received by the Seller.
9. The Customer should expect delivery of ordered product within 21 days after the order payment has been received by the Seller. Should the Customer not receive product within this stipulated time frame they are to contact the Seller in writing via email clearly advising of the Seller of the delay and relevant order detail. If such an unlikely event were to occur the Seller shall immediately and as a priority take action to resolve the situation.
10. Legal precedence shall always rest with Australian Law agreed between the Seller and the Customer as taking the highest ‘order of precedence’ at all times, despite the any order being placed from any other Country outside of Australia.
11. The Hypnosurf product range is covered by relevant International Intellectual Property Rights, including but not limited to National and International Patent Application No.2006907057 governed by the Paris Convention, National and Internationl Trade Mark and National and Internationl Copyright protection. The Customer accepts any and all responsibility and liability in full in respect to any breach and or infringement and the like, howsoever caused, that is traced to the Customer purchase of the Hypnosurf product, including but not limited to illegal burning and or copying of the Hypnosurf recording. Hypnosurf Pty Ltd reserves the right and shall take the highest level of any and all legal action available to recover from the Customer and other relevant parties any and all losses, including consequential, earnings, costs and the like that have impacted on Hypnosurf Pty Ltd for any and all Intellectual Property Rights breach.
12. The Seller shall not be responsible and or liable in any manner whatsoever, including consequential, howsoever incurred, for any physical and or mental performance change encountered with the use of the Seller’ product or products. The Customer takes sole and absolute responsibility and liability in the use of and consequence of the Seller’ product or products.
13. The Seller reserves the right at its sole and absolute discretion to change, vary or amend any and all rates, charges, pricing, product offered and the like on the Seller’ web site with no prior notice to be given to the Customer. Customer orders already made and paid for shall not be impacted by any such changes.
14. The Seller shall only be liable to make refunds or replace product for 1) International orders where it can be proven beyond doubt the product was damaged at or before being delivered to public postal service provider of the Country of delivery; and or 2) National orders where it can be proven beyond doubt the product was damaged at or before being delivered to the Customer’ address as stated in the delivery detail provided by the Customer; and or 3) Physicians medical certificate clearly identifying the product is a risk to the Customer; and or 4) In accordance with clause 15 below. The Customer shall be required to return the any damaged or unsuitable product to the Seller with all documented evidence prior to the Seller making a refund or forwarding replacement product.
15. Should the Customer be not fully satisfied with the results obtained from using the Hypnosurf product and require the guarantee refund they are to initialy advise Hypnosurf Pty Ltd via email of such dissatisfaction. The Customer will then be required to provide to Hypnosurf Pty Ltd documented evidence in the form of a statutory declaration that will be provided to them by Hypnosurf Pty Ltd stating among other that the Customer has fully followed the Hypnosurf program as recommended and declare that they have not retained any copy or copies of the Hypnosurf recording for their use howsoever in any manner. They are to include the signed statutory declaration attached with the product in an undamaged state, and return at their own expense, to Hypnosurf Pty Ltd in an equivalent form of postage packaging to that as what the product was recieved by them when they purchased the product from Hypnosurf Pty Ltd. Upon this full return process being completed and met by the Customer to the satisfaction of Hypnosurf Pty Ltd, and then and only then shall a full refund made to the dissatisfied Customer from Hypnosurf Pty Ltd excluding any postage, transfer and any and all administration costs incurred. Additional Conditions apply for Trade Sales in respect to the refund provision and such conditions are available on request by the Trade Sale Buyer from Hypnosurf Pty Ltd. |