Terms and Conditions
Terms & Conditions
Website Terms of Use
The CPAP Specialists website (Website) is owned and operated by
SleepGP Pty Ltd
ABN: 56163850057
5/3 Mclean St
Coolangatta Qld 4225
By using or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.
To place an order on the Website, customers must be aged 18 or older.
Governing law
CPAP Specialists controls and operates the Website from its offices within Australia. These Terms of Use are governed by the laws of the State of Queensland. You and CPAP Specialists agree to submit to the non-exclusive jurisdiction of the courts of Queensland. If you choose to access this site from another location, you are responsible for compliance with applicable local laws. CPAP Specialists makes no representation that the Website is appropriate or available for use in all locations.
Revisions
CPAP Specialists may revise or amend these Terms of Use at any time in its absolute discretion by posting revised terms. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.
CPAP Specialists may revise its product prices at any time in its absolute discretion.
Site contents, ownership, and use restrictions
Unless otherwise stated, CPAP Specialists and/or it’s licensors own the intellectual property rights for all material on CPAP Specialists. All intellectual property rights are reserved. You may view and/or print pages from http://cpapspecialists.com.au for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from http://cpapspecialists.com.au
Sell, rent or sub-license material from http://cpapspecialists.com.au
Reproduce, duplicate or copy material from http://cpapspecialists.com.au
Redistribute content from CPAP Specialists (unless content is specifically made for redistribution).
Information from and Advertising and Links to Third Party Websites
The Website may contain information from or links to internet sites operated by third parties. Such information or sites are not under the control of CPAP Specialists and CPAP Specialists is not responsible for the contents of those sites. CPAP Specialists provides such information and links to you as convenience and the inclusion of any link does not imply any endorsement of the linked website. You rely on such information or websites entirely at your own risk.
The Website may also utilise social network or share functionality and may contain social media links, applications or features. Your use of any social media platforms is subject to the particular social media platform’s terms and conditions of use.
Indemnity
You agree to indemnify and will keep CPAP Specialists indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by CPAP Specialists in connection with your use of the Website, your breach of these Terms of Use or your breach of any rights of third parties.
General
Any costs associated with downloading, installing, accessing and using the Website remain your responsibility and are dependent on the service provider used. You also understand that we cannot and do not guarantee or warrant that the Website or any material available for download via the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements.
Disclaimer of warranty
CPAP Specialists is providing the Website on an ‘as is’ and ‘as available’ basis and use of it is at your own risk. CPAP Specialists make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Website. To the extent permitted by law, CPAP Specialists expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability, merchantability or fitness for purpose.
Ordering goods and Payment
Placing an Order
You may make purchases via the Website by selecting and placing your order in accordance with these Terms and Conditions and as directed on the Website. Any order placed by you in the manner described in the Website is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on the Website at the time you place your order.
You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods or services ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods or services being dispatched to you.
Any order placed by you is subject to your compliance with any specific limitations imposed by law or shown on the Website (or applicable website).
CPAP Specialists may change the prices published on the Website at any time. You agree to pay the price current at the time of payment.
We may require additional verification or information before accepting any order.
We only accept orders from within mainland Australia and Tasmania.
You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the credit or debit card used to place your order and that your credit or debit card will cover the full cost of the purchase. You must not pay, or attempt to pay, for purchases through any fraudulent or unlawful means.
We reserve the right to reject your order for products or services purchased through the Website for any reason, including but not limited to if the products or services are not available, if there is an error in the description or price of the requested products or services as advertised on the Website or if there is an error in your order. If we reject your order, we will notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.
About our prices
All prices are inclusive of GST, if applicable to the item being purchased.
Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability.
Prices and availability of items are subject to change without notice.
Where permitted, we reserve the right to limit sales. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products or services you have purchased.
Title and risk
Title to the goods purchased from CPAP Specialists online does not pass from CPAP Specialists to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
CPAP Specialists’ policy on returns, refunds and replacements
Our products and deliveries come with guarantees consistent with Australian Consumer Law (see Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Under that legislation, you are entitled to a replacement or refund for a major equipment failure. You are also entitled to have the product repaired or replaced if it is not of acceptable quality and the failure does not amount to a major failure.
A 'major failure' is when the product:
- has a problem that would have prevented you from buying the product had you known about it;
- is unsafe;
- is significantly different from the sample or description of the product; or
- does not do what we said it would, and cannot be easily fixed.
If you notify us (in accordance with the contact information set out in these T&Cs) or return the purchased product to our CPAP Specialists warehouse with proof of purchase, we will assist you in dealing with the product in accordance with the above.
We may need to send the item to our suppliers or manufacturers in order to assess whether or not any exchange, refund or repair can be offered to you. If the product has been assessed and no fault is found, or it is assessed that damage has been caused by inappropriate use, CPAP Specialists may refuse to provide you with a refund, repair or exchange.
Subject to Australian Consumer Law, we may require that the cost of any returns, refunds or repairs are borne by you.
You acknowledge that:
(i) products presented for repair may be replaced by a refurbished product rather than a repair; and
(ii) for refunds of products, we may, at our absolute discretion, offer you with a credit or refund of cash.
Please note: For all claims relating to a deficiency in the quality of the product, we require you to hold a proof of purchase and /or proof of delivery. If you do not hold this proof, we reserve all rights to refuse the request for repair, return or exchange due to a lack of proof of purchase.
Change of Mind Returns
We understand there may be circumstances in which you may change your mind on a product or order an incorrect item so we are able to provide a store credit for the amount you paid for the items (less the postage costs). This is on the condition the item or product has not been opened or used and is approved by our returns team.
You are required to pay returns postage and CPAP Specialists cannot be held accountable for any returns lost in transit so we recommend you purchase tracking.
Please email: sales@cpapspecialists.com.au for any returns related inquiries.
Additional product warranties
The product or services you purchase may come with an additional warranty to your Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product or service you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
CPAP Specialists Aftercare Services
CPAP Specialists Aftercare Services is sold by CPAP Specialists and CPAP Specialists collects, uses, holds and discloses personal information related to Prepaid Business Services in accordance with its Privacy Policy.
Exclusion of liability
To the extent permitted by law, CPAP Specialists will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:
the use, copying, or display of the contents of the Website; or
goods or services supplied by CPAP Specialists under these Terms and Conditions.
Limitation of liability
To the extent permitted by law, CPAP Specialists’s liability to you is limited, at CPAP Specialists’ option, to:
in the case of goods, the repair or replacement of the goods or the re-supply of equivalent goods (or paying the cost of any of these); or
in the case of any services supplied by CPAP Specialists, to supplying the services again (or paying the cost of having the services supplied again).
To the extent permitted by law, in no event will CPAP Specialists, its officers, employees or agents be liable for any consequential or indirect loss or damage, any loss of business or revenue, loss of profit, loss of opportunity, loss of data, loss of goodwill or loss of business reputation arising out of or in connection with the supply of goods or services under these Terms and Conditions.
This agreement is not intended to exclude, restrict or modify any right which you have at law which may not be excluded, restricted or modified by agreement.
ResMed 30 Day Money-back Guarantee
As an authorised ResMed distributor we are able to offer ResMed’s 30 day money-back guarantee.
Please find below the ResMed terms and conditions for the 30 day money-back guarantee: https://www.resmed.com.au/hubfs/ResMed%2030%20DMBG%20-T&Cs%20-%20FINAL%20v11%2009.08.2023.pdf
As we are an online store, please note these terms and conditions are slightly different.
• You must sign up for ResMed Sleepvantage as this is a ResMed offer
• The customer refund will be minus the original shipping and transaction fees paid by CPAP Specialists
• The customer will be required to pay returns postage
• CPAP Specialists cannot be held responsible for any items lost during transit so we recommend you purchase tracking
• Your return will be processed within 3-5 business days by the returns team and you will be contacted with the outcome