Solid Foundations’ Online Terms & Conditions
These Terms and Conditions constitute an agreement between the customer (“you”, “your”) and Bridge Speech Pathology and Consultancy Services ABN 63 958 267 697, trading as Solid Foundations (“Solid Foundations”, “us”, “we”, “our”). These Terms and Conditions apply to the ordering, purchase, fulfilment and delivery of Products from https://solidfoundations.net.au.
Please read these Terms and Conditions carefully before placing your Order with Solid Foundations. If you do not understand these Terms and Conditions or if you have any questions, please contact Solid Foundations on 0400 036 589 or via our contact form.
Delivery Agent means any third party engaged by Solid Foundations on your behalf to deliver an Order to you.
GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or determination recognised to have binding force or effect.
Order means a request by you to purchase a Product from the Website in accordance with these Terms and Conditions.
Product means each good that is offered for sale on the Website.
Terms and Conditions means these terms and conditions as amended from time to time.
Website means https://solidfoundations.net.au
You agree to be bound by and comply with these Terms and Conditions and all relevant Law when using the Website and placing an Order.
Each Order you place constitutes a separate and binding agreement between you and Solid Foundations.
Placing an Order for a Product
You may place an Order for a Product by selecting a Product and submitting an Order on the Website.
Any Order submitted on the Website is an offer by you to purchase the Product for the price specified (including delivery and other charges, fees and taxes) at the time you submit the Order.
When submitting the Order you agree to provide us with complete and accurate contact details to enable us to process and deliver your Order. We may require you to provide additional details or confirm your details to enable processing and delivery of your Order.
Solid Foundations will not be liable for any loss for a delay or failure to process or deliver a Product to you (or your nominated recipient) due to your Order containing incomplete or inaccurate details.
Acceptance and Rejection of Orders
Solid Foundations reserves the right to accept or reject an Order for any reason at any time.
Each Order accepted by us constitutes a separate and binding agreement between Solid Foundations and you, for Solid Foundations to supply the selected Product to you in accordance with the Order and the Terms and Conditions.
If we reject an Order we will notify you of that rejection within a reasonable period of time and where your payment for the Product has already been processed we will refund such payment to you within a reasonable period of time. Solid Foundations will not be liable for any loss, damage, cost, or expense incurred due to the rejection of an Order or as a result of any delay in processing a refund.
Delivery of Products
The delivery fees for an Order depend on the type of Product, in particular, the size and weight of the Product.
All Orders are delivered via trackable freight by a Delivery Agent we engage on your behalf.
Solid Foundations cannot guarantee delivery time frames and will not be liable for any loss, damage, cost or expense incurred due to a delay in delivery.
You or your appointed representative must be present to accept delivery of your Order. The Delivery Agent may require proof of identity to be provided.
You acknowledge and agree that any person at the delivery address who accepts delivery of your Order is authorised by you to receive, and is capable of receiving, your Order on your behalf.
You may be liable for re-delivery fees in the event that the Order cannot be delivered due to there being no person present and willing to accept delivery at the delivery address, no proof of identity being provided or if the delivery address cannot be accessed. In these circumstances you may need to collect the Product from the Delivery Agent’s local depot or agent. You must follow the Delivery Agent’s instructions for collection and pay any additional delivery fees.
Before accepting delivery of the Order, you or the person accepting delivery should inspect the Product to ensure that it matches your Order and that it has not been damaged in transit.
Title in the Product passes to you on the date and time that you (or the person accepting delivery) accept delivery of the Product to the delivery address.
Solid Foundations will not be liable if the Order is lost in transit or for any damage caused to the Product in transit. We strongly recommend that you select the freight option that includes insurance when placing your Order. If you choose the standard option with no insurance you agree to assume the risk of the Product being lost or damaged in transit.
Order Cancellation and Returns
Once an Order is placed it cannot be changed or cancelled.
Products purchased from Solid Foundations cannot be returned or exchanged unless required by Law.
Price and Payment
The price in respect of a Product is specified on the Website or as agreed with Solid Foundations.
Once an Order is submitted we will charge you, and you agree to pay, the price of the Product ordered (including delivery and other charges, fees and taxes).
All prices, delivery and other charges and fees include GST where applicable.
Payment of an Order can be made by credit card. Once an Order is submitted, you authorise Solid Foundations to debit the amount payable from your nominated credit card.
Solid Foundations reserves the right to change or alter prices of Products on the Website without notice to you, unless you have already submitted an Order, in which case there will be no change or alteration in pricing.
You agree not to pay, or attempt to pay, for a Product through any fraudulent or unlawful means.
You will receive a tax invoice at the time of delivery which specifies the total fees and charges for the Order.
Solid Foundations warrants that your Product will be free from defects in materials or workmanship, under normal use, for a period of six months from the date of purchase (warranty period) unless the defect is caused by accident, misuse, negligence (including tampering), abuse, damage in transit, or use for commercial purposes. This warranty excludes any relief for incidental or consequential damages.
Should a defect appear in your Product within the warranty period, we will repair it or replace it at our option.
To entitle you to claim the warranty you must:
(a) Contact Solid Foundations and tell us about your problem.
(b) If we instruct you to send us all or part of the Product for repair or replacement, pack it carefully in the original carton (if possible) to prevent damage. Any damage caused sending the product is not covered by the warranty.
(c) Print your name and address on the carton/packaging.
(d) Write a letter to us explaining the problem. Include the following: your name, address and a copy of the original tax invoice as proof of purchase.
(e) Attach the sealed envelope containing the letter to the carton/packaging.
(f) Insure the carton/package for the value of the product and return, prepaid, to us; please contact us for the return address.
If the Product is defective within the warranty period we will honour our warranty by repairing or replacing the Product at our option.
Solid Foundations will not be liable for any expenses associated with a warranty claim.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled to pursuant to this clause and the Australian Consumer Law:
(a) you acknowledge that the Website and its contents are provided on an “as is” basis and we do not make any warranty or representation as to its accuracy or reliability or as to the suitability of the Website or a Product for any purpose;
(b) Solid Foundations excludes to the fullest extent possible under Law, all other implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions; and
(c) Solid Foundations will not be liable to you for indirect and consequential loss arising from or connected to these Terms and Conditions in contract, tort, under any statute or otherwise.
Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent that you cause or contribute to the loss or damage.
Solid Foundations reserves the right, at its discretion, to immediately terminate these Terms and Conditions and suspend, terminate or limit your access to and use of the Website if:
(a) Solid Foundations reasonably believes that you have breached these Terms and Conditions and such breach is not capable of remedy; or
(b) You have been provided with notice of a breach of these Terms and Conditions and you have failed to remedy such breach within 14 days (where the breach is capable of being remedied).
If the whole or any part of a provision of this agreement is invalid, unenforceable or illegal then that provision is severed from this agreement to the extent of the unenforceability or illegality. Such severance does not affect the validity or enforceability of the remainder of this agreement which has full force and effect.
This agreement is governed by the laws of South Australia, Australia and must be construed in accordance with the laws in force in the State of South Australia. Each party submits to the exclusive jurisdiction of the courts of South Australia. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these Terms and Conditions and this provision does not apply to any claim you may have under the Australian Consumer Law.
Solid Foundations reserves the right to change these Terms and Conditions from time to time. The Terms and Conditions that will apply to any Order are the Terms and Conditions that applied at the time the Order was submitted.
Any notices required to be given pursuant to these Terms and Conditions may be given to you by electronic mail and to Solid Foundations via our contact form.
Any failure or delay by Solid Foundations in exercising any power or right conferred on Solid Foundations by these Terms and Conditions will not constitute a waiver of that power or right.