Merchandise Policy

Last updated: 14 January 2014

The Heart Foundation on-line shop has been designed to create a user friendly, fast and efficient viewing and purchasing process for our entire range of merchandise along with a specially selected range of our most popular health brochures. Please note that there are a number of other health information brochures available which can be obtained by calling us on 1300 362 787 and talking to one of our qualified health professionals.

1. Terms and Conditions

a. By submitting an order, you affirm that you have read, understand, accept and agree to the following terms and conditions. Upon the Heart Foundation’s acceptance of your order, these terms and conditions form a binding agreement between you, the User (User, You or Your) and the National Heart Foundation of Australia (South Australian Division) Inc ABN 70 140 886 652 (We , Our , Us or Heart Foundation).
b. We may, without notice, amend or modify this Policy by posting the amended Merchandise Policy to this website.
c. This Merchandise Policy should be read in conjunction with the Privacy Notice and Website Terms & Conditions of Use, which can be found at www.heartfoundation.org.au
d. If You disagree with any of the terms and conditions contained in this document, You must not submit an order.

2. Intended audience

All information provided on this website has been prepared in accordance with Australian law, and is intended for use by residents of Australia.  Persons residing outside of Australia use this website at their own risk, and should take into consideration the legislative requirements of their country of residence when accessing this website.  Should you choose to purchase products from the Heart Foundation or make a donation to us you should confirm that doing so will not constitute a contravention of the laws of your country of residence.

3. User Information

a. By agreeing to this Merchandise Policy You affirm that all information provided by You is complete and accurate.
b. We agree to keep Your information in accordance with this Policy.
c. We reserve the right, without limitation, to permanently remove or alter content related to Your interactions with Our website generally.

4. Privacy and use of information

a. We agree that We will at no stage intentionally sell, distribute, transmit, disseminate or release Your User information or uploaded data to third parties without Your consent, except where required to facilitate delivery of goods ordered.
b. To the extent permitted by law, You acknowledge that:
a. We cannot guarantee the security or privacy of information submitted by You to Us; and
b. You release Us from all liability in connection with the matters contained in this section of this document.
c. Further information relating to Our use of information may be contained in a separate Privacy Notice and Website Terms & Conditions of Use, which will be deemed to form part of this Policy. In the event of any inconsistency between the terms of a Privacy Notice or the Website Terms and Conditions of Use and this Policy, the terms of the Privacy Notice or Website Terms & Conditions of Use, as relevant, will prevail.  The current Privacy Notice and Website Terms & Conditions of Use can be found at www.heartfoundation.org.au

5. Ordering

a. Bulk Orders: For bulk orders of certain products special discounts may apply. Please refer to the bulk order form listed under the FAQ section on the online shop or contact Our Customer Service Officer on 1300 30 56 58 or via email on health@heartfoundation.org.au
b. General Public Health Brochures: Many of our health brochures are available to members of the general public who reside in Australia in limited quantities at no charge. Larger quantities are available at a charge. Please refer to the bulk order form which also includes postage rates. This bulk order form is listed under the FAQ section on the online shop. Please call Our Customer Service Officer on 1300 30 56 58 or via email on health@heartfoundation.org.au to find out more.

6. Delivery

a. You must allow at least 14 working days for delivery.
b. You will not hold Us responsible for any loss caused by late delivery.
c. We are not responsible for delivery to an incorrectly submitted address.
d. We will assume that any person appearing to reside at the Delivery Address is authorised to accept Your order.
e. We will charge You postage based upon the rates displayed on this website. Postage is non-refundable.

7. Right to refuse sale

We reserve the right to refuse sale of a product at any point up until delivery. In the event that You have been charged for an item that We have refused to sell, You will be refunded the amount charged in full.

8. Responsibility of customer to pay (Debt Collection Proceedings)

a. You agree that You will make payment for all items ordered through Our website.
b. You affirm that You understand that a failure to make payment for items ordered through Our website may result in debt collection proceedings against You.
c. You agree to be liable for the cost of any debt collection proceeding, or legal fees associated with debt collection.

9. Risk and Title in the goods

Risk and title in the goods passes to You upon delivery and payment for the goods to Your specified delivery address.

10. Availability of goods

We make no warranty regarding the availability of any item listed on this website. By using this website, You agree that You will not hold us liable in any way for loss caused by the unavailability of any item listed on the site.

11. Photography

The product images used on this website should be viewed as a guide only. Colour variations may occur as exact colour representation of the photograph may vary from monitor to monitor. Photos are not to scale. Our images may have been cropped to show detail. In addition, Our brochures are updated from time to time.

12. Indemnity

a. You agree to indemnify Us, Our employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators from any loss or damage, including any and all legal costs (including lawyers fees), which We may suffer as a result of Your usage of this website.
b. You agree to cooperate fully with Us in the defence of any claim.
c. You agree that We have full immunity from any liability whatsoever in relation to any information, data, publication, transmission or communication of any kind made by You on or in relation to this website.
d. You agree to ensure that You will not enter into any agreement with a third party such that Your agreement with Us shall place You in breach of the agreement with the third party.
e. You agree to indemnify Us from any action by a third party in relation to Your agreement with Us.
f. In no event will We be liable to You or any other party for direct or indirect loss in connection with data uploaded by You to Our servers.

13. Consumer Guarantees

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, implemented by the Competition & Consumer Act 2010 (C’th). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure

14. Manufacturer Warranties

Products (except brochures) purchased from this website may carry a manufacturer's warranty.  Any such warranty is in addition to your statutory rights under the Australian Consumer Law as detailed above at Consumer Guarantees.  Warranty claims can only be made by the original purchaser, who should also produce a receipt. The Heart Foundation would be happy to assist You by passing on your claim to the relevant manufacturer. Please contact our Customer Service Officer on 1300 30 56 58 or via email on health@heartfoundation.org.au regarding any warranty questions.

15. Gift Card Terms & Conditions of use

The Heart Foundation Gift Card is redeemable only through the Heart Foundation’s online shop, and may be used to purchase any product available through the online shop (excluding Gift Cards). Gift Card may be transferred. Gift Card cannot be redeemed for cash. Gift Card is valid for single use only – the full value of the card must be redeemed in one transaction. If the purchase total is less than the amount available on the Gift Card the unspent balance will be forfeited (i.e. the unused balance will not be refunded or credited). If the purchase total is more than the amount available on the Gift Card the balance due may be made up with payment by credit card. Gift Card is valid for 12 months from the date of purchase. It is the Gift Card holder’s responsibility to redeem the full value of this Gift Card before its expiry date. Gift Cards cannot be returned or refunded. Gift Cards should be treated like cash and the Heart Foundation accepts no responsibility for the loss, theft or destruction of this Gift Card. Our standard returns policy applies for all items purchased using this Gift Card. Please read our full Terms and Conditions.

NB: Gift Cards must be registered before they may be redeemed.  Please click on the Gift Card Registration link in the FAQ menu on the online shop Home Page.  This will pop a Gift Card Activation form - after completion of this registration form your Gift Card may be redeemed through the Heart Foundation's online shop for goods of your choice, subject to above terms and conditions.

16. Refunds and Returns

a. You have a right to a remedy if goods purchased from Us do not meet a consumer guarantee.  The type of remedy, and who must provide it, will depend on the problem and which consumer guarantee was not met.  If there is a major failure, You can: reject the goods and choose a refund or a replacement; or ask for compensation for any drop in value of the goods.  If a failure is not major and can be repaired within a reasonable time, We may choose to: provide a refund, replace the goods, or repair the goods.
b. It is Our intention to process each order correctly. If a delivery error occurs, please contact us immediately on 1300 30 56 58. We will arrange a prepaid address for goods delivered in error to be returned.
c. Should you receive a damaged product, please contact Us immediately. Please do not discard any damaged packaging. We will arrange a prepaid address for goods damaged prior to delivery to be returned.
d. All returns are to be sent via a traceable method. We accept no responsibility on any returns sent via Australia Post that are not traceable

17. Return Process

Please include the following information with Your return shipment:
a. Name and contact phone number;
b. Order Number;
c. Quantity and Description of each item being returned; and
d. Reason for return

18. Force Majeure

A party will not be liable to the other party for any failure or delay in performing its obligations under this contract (except for the payment of money) to the extent that this is caused or arises from events which include, but are not limited to:
a. fire, flood, lightning, storm or extreme weather conditions;
b. strikes, lock-outs, boycotts or other industrial disputes;
c. acts of war, terrorism, riots, civil commotion and explosions; or
d. government restrictions.

19. Severability

Each provision of this agreement is severable. Severance does not affect any other provision.

20. Governing Law

a. This Agreement is governed by, and must be interpreted in accordance with, the laws of South Australia.
b. You submit to the exclusive jurisdiction of courts in South Australia.

21. Assignment

a. You may not assign this agreement to any other person or body corporate;
b. We retain the right to assign this agreement without notice.

22. Entire Agreement

This contract, together with the Privacy Notice and Website Terms & Conditions of Use referred to in clause 3, constitutes the entire agreement between the parties in relation to its subject matter and supersede all prior contracts, arrangements and understandings.

23. Questions

If you have questions, special requests or concerns about Heart Foundation merchandise, health brochures or Our on-line shop, please contact the Heart Foundation Helpline on 1300 362 787 or via email health@heartfoundation.org.au

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