TERMS AND CONDITIONS
1.1 In these Terms:
“Company” means Q the Experience. Q Bio Technologies Pty Ltd trading as Q – The Experience, Future Life Science (FLS) and Future Life Science (FGLS), and refers to “Q the Experience”.
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these Terms and Conditions.
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2 The balance of the invoice price including the product price and applicable delivery charges must be paid in full before delivery.
4.3 Credit card details are processed using SSL encryption and are not stored by us.
4.4 The Company may, at any time, offer coupons and vouchers at the Company’s discretion to the Customer.
5.1 Unless otherwise stated, the products featured on this website are only available at the set price for the zone of the chosen country. Prices may vary for different zones at the Company’s discretion.
5.2 All goods are offered for sale subject to availability of stock on hand. If ordered goods are not in stock when the order is placed, then goods will be placed on backorder to be sent out when the Company has acquired more of such stock.
- Delivery / Shipping
6.1 The Company delivers / ships worldwide mainly through Australia Post, TNT Couriers and FedEx Couriers.
6.2 Choosing the delivery / shipping method suiting the Customer best is the Customers responsibility at the shopping basket / cart. Once the preferred method is chosen and a delivery address is added, the shopping basket / cart will display the total cost of Goods including delivery / shipping.
6.3 Upon payment being received in full, the Company will endeavour to dispatch Goods ordered within five (5) business days depending on the Company’s workload at that time.
6.4 Goods ordered should be delivered within the standard delivery times of the chosen courier company. It is the Customer’s responsibility to inform the Company if Goods have not arrived within fourteen (14) business days. If Goods have not arrived within fourteen (14) business days and the Company has been informed of this situation, the Company will then endeavour to contact the courier company used and lodge an enquiry. The Company will then advise the Customer of any information that the Company obtains from the courier company as applicable.
6.5 The Company is not liable for any loss or damage of the Goods once in the courier company’s possession. If the courier company is unable to deliver the Goods (e.g. the Customer is not available / home to deliver the Goods) then the courier will possibly leave a detailed card of their attempted delivery and will inform the Customer of arrangements for a re-delivery attempt. If this occurs, the Company is in no means liable for any loss or damage as a result of the Customer failing to contact the courier company (if required) to arrange re-delivery.
7.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
8.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the
Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
9.1 Unless the Customer has inspected the Goods and given written notice to the Company within four (4) business days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
10.1 In addition to your Statutory rights, the Company will exchange or refund
(less the delivery / shipment amount paid) your Goods purchased providing the following terms are met: –
1. Before returning any Goods, you must contact the Company to discuss your reason for requiring an exchange or refund and organise an approval to exchange or refund of Goods to the Company;
2. The Goods are returned within thirty (30) days of the purchase date and the original sales receipt is present;
3. Goods must be in original condition as purchased with all labels / decals attached.
4. Goods must not have been used. If Goods have been used a mandatory 20% restocking fee will be deducted from the refund amount; and
5. All consumable parts / Goods are not refundable if having been used in anyway.
11.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).
- Limited Liability
12.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
12.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
12.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
13.1 All Goods supplied are covered by such warranties as are specified by the manufacturer (Company) and supplied subject to the product standards detailed by the manufacturer (Company).
13.2 On discovery of any defect in the Goods, the Customer must immediately notify the
Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
13.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
13.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
- Force Majeure
14.1 Neither party will be liable for failing to perform its obligations under this Agreement as long as the failure is triggered by something beyond its reasonable control. This clause does not excuse payment of monies due.
- Waiver of Breach
15.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
- Right to use the Sites and its Content
16.1 Any of the Company’s Sites and contents thereof are for personal use only.
16.2 The Company’s Sites and contents may not be distributed, exchanged, modified, sold, or copied and transmitted, including, but not limited to, any text, images, audio, and video for any unauthorised use unless the Company has given written consent to do so.
16.3 All the Company’s Sites and contents are collective works protected by the Australian Copyright Act 1968.
17.1 If any provision contained in these Terms are held by a Court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
- Governing Law
18.1 These Terms shall be governed by the law of Queensland and the parties submit to the courts of Queensland in respect of any dispute arising.