Terms & Conditions

Thank you for choosing a Posture Genie™ product.  Please read through these Terms and Conditions of Sale (“Conditions of Sale”) carefully as they form the agreement under which we will supply our Products (“Products”) to you.

In these Conditions of Sale, “we” or “us” means Posture Genie, a company incorporated in the UK with a registered address of  and “you” means the person, organisation or entity that purchased the Products.

1. Orders

1.1 You may place an order for our Products by completing and submitting to us an online order form on our website.  You must not order Products from us if you are under eighteen (18) years of age.  We may, at our discretion, treat any order by a person under eighteen (18) years old as void.

1.2 All orders are subject to our acceptance. We may at our discretion decline an order or accept an order in whole or in part depending on a variety of factors, such as availability of the Products or our ability to validate payment for the Products. If, for any reason, we cannot supply a Product you have ordered, we will contact you using the details provided by you at the checkout process to cancel or put your order on backorder as agreed with you.  If you choose to put your order on backorder, we will contact you to arrange for delivery once the Product is available.

1.3 We will let you have an “order reference number” via a confirmation email once your payment has been validated. Please keep your order reference number safely.  Once we have given you an order reference number, your order is accepted by us and a binding contract will come into existence between you and us in relation to the ordered Products (“Contract”).  The Contract will comprise the accepted order and these Conditions of Sale.  If there are any inconsistencies between these Conditions of Sale and another provision in the Contract, the provision in these Conditions of Sale will prevail to the extent of inconsistency.  No other terms or conditions (including any terms or conditions printed on or referred to in your offer to purchase or order) will be binding on us unless we agree in writing.

1.4 Once we have accepted your order, you may not cancel the order unless we agree to your cancellation, in which case you may be required to pay a cancellation fee.  Our acceptance of a particular order will not imply that we will accept any of your future orders.

2. Price and Payment

2.1 The price payable for the Product (“Price”) is the amount set out on our website at the time you place your order. We may update the Price from time to time and any change in Price will only affect your future orders.

2.2 All Prices are inclusive of GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) but does not include delivery, freight, insurance or any other tax, tariff or duty unless expressly stated otherwise.  You are required to pay (where applicable) these charges in addition to, and at the same time as, payment of the Price for the Products.  If we are required to pay any additional tax, tariff, duty, fee or charge (in addition to GST), you must reimburse us with the amount paid.

2.3 We offer free delivery for most of our Products which are to be shipped to a delivery address within Australia. . If you are not eligible for free delivery, you will need to pay for any delivery fee or freight costs in addition to the Price.

2.4 All payments must be made in Australian currency or the currency specified in your order. Where conversion from foreign currency is required, such currency conversion will be performed by Visa, MasterCard, or PayPal and may be subject to a fee charged by them.

2.5 We accept payment by Visa, MasterCard credit cards through PayPal only.  You will be providing your credit card details directly to PayPal and we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.

2.6 Your tax invoice will be sent to you when the Products are delivered. Please keep your tax invoice safely as it is your proof of purchase.

3. Delivery

3.1 We will deliver the Products upon receipt of full payment of the Price and all applicable charges.  Any timeframes quoted by us for delivery of the Products are estimates only and will not be of the essence of the Contract; or otherwise confer any right of cancellation of an order on you.  We will not be liable for any loss or damages directly or indirectly sustained by you as a result of our failure to deliver by a particular delivery date.

3.2 The Products will be delivered by Australia Post. You agree to accept delivery of the Products at any time between 9.00am to 5.00pm on a business day. If no one is available to receive the Products, you will be required to pick up the Products at the post office nominated by Australia Post.  If you do not, or indicate to us that you will not, take or accept delivery, then the Products will be deemed to have been delivered when we were willing to deliver them

3.3 Unless otherwise agreed, the Products are not insured by us and you will bear any risk of loss or damage to the Products when delivered to you or when legal and beneficial ownership of the Products is passed to you, whichever is the earlier.

3.4 Notwithstanding delivery of the Products to you, title in the Products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us.  If your payment is declined for any reason we reserve the right to reclaim the Products from your possession, custody or control even if they have been delivered to you or moved from the delivery address.  We reserve the right to keep or sell the Products.

3.5 You acknowledge and agree that clause 3.4 creates a purchase money security interest in the Products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contract out the following provisions: sections 95, 96, 125, 130, 132(3)(d) and 135 (pursuant to section 115(1) of the PPSA) and sections 127, 129(2) and (3), 132, 134(2), 135, 136(3) to (5) and 137 (pursuant to section 115(7) of the PPSA) . You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(7) of the PPSA.

3.6 We may suspend or cancel delivery of the Products if we reasonably believe that the Products may cause injury or damage (including for technical, scientific, medical or efficacy reasons) or may infringe the intellectual property rights of any person, in which case a full refund of any amount paid for that particular order will be made to you.  No such suspension or cancellation will in any way constitute admission of liability or fault on our part.

4. Warranties and Limitation of  Liabilities

4.1 Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded.

If you are a “consumer” under the ACL, the following notice applies to you:

“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees”). You are entitled to a replacement or a refund for a major failure and for 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.”

4.2 Subject to this clause 4, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;

(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products or these Conditions of Sale (including as a result of not being able to use the Products or the late supply of Products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

(c0 our total liability arising out of or in connection with the Products or these Conditions of Sale,  however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Price paid by you for the purchase of Products under these Conditions of Sale.

4.3 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of Products, or payment of the cost of repairing or replacing the Products.

5. Returns and Refunds

5.1 Return of Products to us (other than under clause 4) may only be made if we have agreed to that return and all such returns will be subject to a  handling charge of 12.5% of the Price, with freight costs and risk remaining as your responsibility. You must adequately package any Product you are returning to ensure that it is not damaged during delivery to us.

5.2 Subject to clause 4, all goods must be returned to us in the same condition as when they were delivered. We will not accept for return any Product that has been used.

5.3 If you are entitled to a refund, we will only give you the refund once we have received the Product and inspected it and assessed whether it is eligible for a refund under these Conditions of Sale. Any refund we make will be by the same payment method used to purchase the Product.

6. General

6.1 These Conditions of Sale are governed by the laws of New South Wales, Australia.  The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

6.2 We may change any provision in these Conditions of Sale without notice. Any updated Conditions of Sale will be published on our website and will only apply to future orders.

6.3 You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.

6.4 Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

6.5 If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.

6.6 Please refer to our Privacy Policy to see how we collect, use and protect your personal information.

6.7 Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.

6.8 If a dispute arises under these Conditions of Sale, neither of you and us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least 14 days.

Contact us

If you need to contact us for any reason, please do so using the contact form on our website http://posturegenie.com.