---PLEASE BE AWARE OF CURRENT AUSTRALIA POST DELAYS WHEN PLACEING YOUR ORDER WE RECOMMEND EXPRESS SHIPPING DURING THIS TIME--- ADDITIONALLY, PLEASE CONTACT info@hatchlingstore.com.au PRIOR TO PLACING ALL ELLE TENS PLUS HIRE ORDERS DUE TO CURRENT DELAYS

Terms and Conditions.

TERMS AND CONDITIONS

1. Application of Terms

(a) These terms and conditions govern the agreement

between you and Hatchling Store (ABN 18 316 207

614) and supersede any previous representations and

communications.

(b) Your purchase or hire of goods from us or through

hatchlingstore.com.au (Website) is subject to these

terms and conditions (Terms).

2. Your Account

(a) You must provide accurate and complete information

about yourself when requested by a relevant form on

this website.

(b) You are responsible for maintaining the confidentiality

and security of your account, password and computer.

All activity made under your account is your

responsibility.

(c) Persons under the age of 18 may only use our website

only with involvement of a parent or guardian.

(d) You agree to indemnify Hatchling Store from any loss

or damage to Hatchling Store arising from your use of

the Website, any breach by you of these terms and

conditions of use, or a claim that your use of this

website infringes any intellectual property rights of any

third party or is defamatory.

 

Purchase of goods

3. Title and risk

Title and risk in the goods purchased, such as loss and

damage, passes to you on delivery of the goods to the

delivery address provided by you at the time of your

order.

4. Accuracy of information

We attempt to be as accurate as possible when

describing our products and services, however, to the

extent permitted by applicable law, we do not warrant

that the product or service descriptions, colours,

information or other are accurate, complete, reliable,

current or error-free.

5. Substitution policy

Images found on this site are used as guides and

occasionally an item may need to be substituted for

similar product of same or greater value. Products may

vary slightly due to regional and seasonal availability.

We reserve the right to make fair and reasonable

substitutions according to the practical availability of

goods.

 

Hire of an Elle TENS+

6. General

(a) The Elle TENS+ remains the property of us at all

times but is supplied exclusively to you for your use

and benefit.

(b) The Elle TENS+ may not be leased, licensed,

transferred, encumbered or otherwise provided by

you to any third party for any reason.

7. Safety

(a) We supply the Elle TENS+ with instructions on the

safe and proper operation of the Elle TENS+. You

must not use the Elle TENS+ before reading the safety

guidelines provided by us.

(b) We shall not be held responsible or liable for any

injury or damage sustained as a result of misusing

the Elle TENS+.

(c) You agree to ensure that the Elle TENS+ is not
misused.

8. Maintenance of Elle TENS+ and cost of repair

(a) You must maintain the state and condition of the Elle

TENS+ and ensure that it remains in a safe

environment, serviceable and clean condition.

(b) Any breakdown or any unsatisfactory working of the

Elle TENS+ must be immediately notified to us. Do not

repair or attempt to repair the Elle TENS+ unless you

obtain our prior written consent.

(c) If requested by us, any Elle TENS+, which you claim

requires repairs, must be returned to the us for

examination.

(d) Unless otherwise required by the Australian Consumer

Law, any cost of repairing the Elle TENS+ as a result

of your misuse will be accepted by you.

9. Hire period and return

(a) The hire period is for 8 weeks (Hire Period). The Elle

TENS+ will be sent out to arrive on or prior to 4 weeks

before your due date and must be returned to us within

2 weeks after the Hire Period (unless otherwise agreed

in writing) in the same condition it was received.

(b) You are responsible for the accuracy of information

provided to us with respect to your due date and

acknowledge that we rely on that information without

verifying it in any way except to the extent we have

expressly agreed to do.

(c) An order to book a hire of an Elle TENS+ includes paid

return postage.

(d) You are not required to return the electrode pads or

lead wires.

10. Indemnity

You will be liable for the costs of repair or replacement

(at our discretion) if the Elle TENS+ is:

(i) damaged, lost, stolen or misplaced during the

Hire Period or while in your possession or

custody; or

(ii) otherwise not returned to us within 2 weeks

after the Hire Period.

 

General conditions

11. Placing of orders

(a) In certain circumstances, we may need to reject your

order, including but not limited to where the requested

product is not available or if there is an error in the

price or the product description posted on the Website.

(b) If we reject an order placed through the Website, we

will endeavour to notify you of that rejection at the time

you place the order or within a reasonable time after

you submit your order.

(c) Each order placed for products through the Website

that we accept results in a separate binding agreement

between you and us for the supply of those products.

(d) In certain circumstances, we may need to cancel your

order after it has been processed and provide you with

a full refund. This includes (but is not limited to) where

we suspect the transaction has been made without the

authority of the credit card holder.

12. Delivery and costs

(a) We will use reasonable endeavours to meet delivery

dates quoted. Any delivery dates quoted are only best

estimates.

(b) We will not be liable for any loss or damage arising

from late or non-delivery. Delayed delivery of goods

does not constitute grounds for cancellation of your

order or termination of this contract.

(c) In addition to the price for the goods, you may also

need to pay a delivery charge, which where you

purchase through the Website will appear in your cart.

By placing an order with us, you agree to pay the price

for the goods and any delivery charge.

13. Cancellations

(a) You may cancel your order or booking where we have

breached a material term of these Terms.

(b) In all other circumstances, we may accept cancellation

for your order or booking at our absolute and sole

discretion provided you contact us by email as soon as

possible and your order or booking has not yet been

processed. We reserve the right to refuse or cancel an

order or booking if stock is unavailable.

14. Returns

(a) We are unable to accept change of mind returns. This

means, we will not provide a refund or exchange

where you have changed your mind about the

products you have purchased or hired from Hatchling

Store.

(b) Unfortunately items are occasionally damaged in

transit. If an item arrives and the packaging or the item

itself is clearly and significantly damaged, please

contact us within 30 days (but ideally sooner) to

organise a refund or replacement. If we require you to

return the product to us, we will pay the cost of the

return. Very occasionally we may accidentally ship the

wrong item to you. If you have received an incorrect

item, please contact us within 30 days (but ideally

sooner) to organise for the correct item to be sent to

you.

15. Warranties by Hatchling Store

(a) Unless otherwise specified in writing in these Terms,

we warrant the goods will be free of defect in

workmanship and materials and will meet the

specifications.

(b) In the event of a defect of any goods or failure to meet

the specifications we will, at our discretion:

(i) repair or replace defective goods; or

(ii) refund the price for defective goods.

(c) We do not warrant, guarantee or advise that the goods

will be fit or available for any particular purpose.

(d) We warrant that the Elle TENS+ will be professionally

cleaned and sterilised in accordance with the

recommendations of Elle TENS Australia and the

Australian health and COVID-19 guidelines.

16. Acknowledgement of risk

(a) You acknowledge that the use of the goods purchased

from us and the Elle TENS+ hired and its associated

equipment may pose potential risks.

(b) You will have discussed the use of the goods

purchased from us Elle TENS+ hired and its

associated equipment with the medical practitioner in

charge of your obstetric care and will have received

the practitioner’s approval.

17. Intellectual Property

(a) All material on site and that subsisting under it

(including but not limited to text, images, data and

software) is our property, or that of our suppliers, and

is protected by intellectual property laws.

(b) You may not use our trade marks in connection with

any product or service that is not our, in any manner

that is likely to cause confusion, or in any way that

disparages or discredits us.

(c) All other trademarks not owned by us that appear on

this site are the property of their respective owners.

18. Warranties

(a) Except as expressly set out in these Terms, and

subject to any terms, warranties or conditions that by

law may not be excluded (including those under the

Australian Consumer Law), all conditions, warranties,

terms, and obligations expressed or implied by law or

otherwise relating to our performance obligations

under these Terms, or any goods or services supplied,

or to be supplied, by us under these Terms, are

excluded.

(b) Nothing in these Terms purports to modify or exclude

the conditions, warranties, guarantees and

undertakings, and other legal rights under the

Australian Consumer Law and other Australian laws

which cannot be modified or excluded.

19. Limitation of liability

(a) You agree that in no event shall our maximum

aggregate liability exceed the amount paid by you for

the products in question.

(b) Subject to the Australian Consumer Law, we shall not

be liable for any liability for any direct, indirect or

consequential loss or damage incurred by any user in

connection with our Website, products or services or in

connection with the use, inability to use, or results of

the use of our Website, any websites linked to it and

any materials posted on it, including, without limitation

any liability for loss of income or revenue, loss or

interruption of business, loss of profits or contracts,

loss of anticipated savings, loss of data, loss of

goodwill, wasted management or office time and for

any other loss or damage of any kind, however arising

and whether caused by tort (including negligence),

breach of contract or otherwise, even if foreseeable.

20. Privacy

Any personal information collected by us will be used,

disclosed, and stored in accordance with the Privacy

Act 1988 (Cth).

21. Discounts

Discount codes cannot be combined or used

with an automatically applied discount at checkout. One

discount per order is permitted.

22. Applicable law

These Terms are governed by the laws of Victoria.