3.7 DISCOUNT CODES
We may from time to time offer discount codes which may apply in respect of any, or certain specified, purchases of Products made though this Website by all or certain classes of purchasers.
Unless expressly stated otherwise in writing, only one discount code can be applied per order. A discount code cannot be applied after an order for Products has been placed.
Delivery costs will be charged in addition and are not subject to the application of the discount code. Such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Any further conditions of use relating to any discount code will be specified at the time of issue.
3.8 RETURNS AND EXCHANGES
3.8.1 Returning Products if they are faulty
Our Products may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure under the legislation. You also may be entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
If You think that there is a fault with the Products You have received, please let us know straight away by contacting our Customer Care Team at support@hypoxi.com.au. Please include as many details as possible about the order and the problem with the Products.
3.8.2 Returning Products if You need a different size
In addition to Your rights in relation to faulty Products, You can exchange any Product within 14 days of receipt if you require a different size. Please Our Customer Care Team at support@hypoxi.com.au before sending the Products back for exchange, setting out your order details and requesting an alternate size.
If You return the Product in exchange for a different size, the Product returned must be in its original condition, which includes any packaging. All Products will be inspected on return. Please ensure that you include your full name and original order number on the return envelope.
Unfortunately, we do not accept exchanges or give refunds in any other circumstances, such as if You change Your mind.
3.8.3 Returns generally
This section applies to the return of all Products, regardless of whether they are faulty or You need a different size.
You are responsible for the costs of returning Products to us. Any Products returned are Your responsibility until they reach our warehouse. Please ensure You package Your return to prevent any damage to the Products or packaging. We are not responsible for any Products that are returned to us in error.
We recommend You use a postal service that insures You for the value of the Products You are returning. Please send Your returned Products to:
HYPOXI Australia Returns Centre
141 Mountain Highway Wantirna VIC 3152
3.9 DISCLAIMER OF LIABILITY
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms and Conditions of Purchase of Products or their subject matter, not contained in these Terms and Conditions of Purchase of Products, are excluded from these Terms and Conditions of Purchase of Products to the maximum extent permitted by law.
Nothing in these Terms and Conditions of Purchase of Products excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of Products in certain circumstances.
In particular our Products may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions of Purchase of Products under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and We are able to limit the remedy for a breach of the Non-Excludable Provision, then Our liability for breach of the Non-Excludable Provision in the case of Products, is limited to one of the following at our sole discretion:
(a) the replacement of the Products;
(b) the supply of equivalent Products;
(c) the repair of the Products;
(d) the payment of the cost of replacing the Products or of acquiring equivalent Products, or
(e) the payment of the cost of having the Products repaired.
Subject to Our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, We are not liable for, and no measure of damages will, under any circumstances, include:
(a) special, indirect, consequential, incidental or punitive damages; or
(b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
4. TERMS AND CONDITIONS FOR THE PURCHASE OF SERVICES
By placing an order for Services on Our Website You are offering to purchase the Services from the nominated Hypoxi Operator on and subject to the terms and conditions in this Section 4.
4.1 MINIMUM AGE
In order to contract with a Hypoxi Operator for the purchase of Services You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Us. The nominated Hypoxi Operator retains the right to refuse any order made by You.
4.2 ORDER AND CONTRACT FORMATION
When You place an order for Services at a nominated Hypoxi Operator, You will receive an acknowledgement e-mail confirming receipt of Your order from the nominated Hypoxi Operator. This email will only be an acknowledgement and will not constitute acceptance of Your order. A contract between You and the Hypoxi Operator for the purchase of the Services will not be formed until Your payment has been approved and Your credit or debit card has been debited for the full purchase amount.
4.3 PAYMENT
Upon receiving Your order the Hypoxi Operator carries out a standard pre-authorisation check on Your payment card to ensure there are sufficient funds to fulfill the transaction. Services will not be provided until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
When placing an order You undertake that all details You provide to the nominated Hypoxi Operator are true and accurate, that You are an authorised user of the credit or debit card used to place Your order and that there are sufficient funds to cover the cost of the Services.
4.4 HYPOXI OPERATORS
By placing an order for the purchase of Services from a Hypoxi Operator, you acknowledge that the nominated Hypoxi Operator is independently owned and managed and is not a subsidiary, affiliate or agent of Hypoxi Australia Pty Limited. Each Hypoxi Operator has its own policies around the provision of Services, a copy of which can be provided on request at the time of booking your first Hypoxi Service at the nominated Hypoxi Operator.
4.5 EXPIRATION AND TRANSFERABILITY
Subject to clause 4.6, Services must be redeemed by You or the person nominated on the gift voucher and cannot be transferred to a third party.
All Services purchased via Our Website expire 12 months after the date of purchase.
4.6 YOUR HEALTH & FITNESS
Hypoxi is a recreational service and Your health and safety is paramount to Us and all Hypoxi Operators. If You purchase Services from Our Website for yourself, You will be required to complete a Hypoxi Training Client Information Form before You commence Hypoxi Services. If the nominated Hypoxi Operator identifies any health reason why You should not undertake Hypoxi Services, it may at its sole discretion refuse to provide You with the Services and offer You a refund.
During use of the Services, please monitor Your physical condition at all times and do not exert Yourself beyond a level that is appropriate given Your knowledge of Your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify your nominated Hypoxi Operator employee.
4.7 GIFT VOUCHERS
Gift vouchers are only valid for a period of 12 months from the date of purchase and must be used in full by the date shown on the voucher. Please ensure the recipient checks the gift voucher to find out when to use it by.
The gift voucher can be only be redeemed for the Services stated on the gift voucher and cannot be redeemed for merchandise or cash.
The nominated Hypoxi Operator will despatch Your gift voucher as soon as You respond to the confirmation email with the recipient’s details and delivery instructions. Please double check the delivery address You provide your nominated Hypoxi Operator as it is Your responsibility to ensure it is accurate. The nominated Hypoxi Operator is not responsible if a gift voucher is used by someone other than Your intended recipient. Make sure Your intended recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe. Hypoxi Operators are not responsible for any delays in delivery of the gift voucher, irrespective of how they are caused.
Hypoxi Operators cannot accept any responsibility for stolen or deleted gift vouchers. Unfortunately lost, stolen or destroyed gift vouchers will not be refunded or replaced.
All gift voucher holders will be required to complete a Client Information Form before they commence Hypoxi Services. If the nominated Hypoxi Operator identifies any health reason why the gift voucher holder should not undertake Hypoxi Services, it may at its sole discretion refuse to provide the gift voucher holder with the Services and offer You a refund. Gift voucher holders undertaking Services must monitor their physical condition at all times and not exert themselves beyond a level that is appropriate given their knowledge of their health and any medical advice they have obtained. If any unusual symptoms occur immediately they must stop what they are doing and notify their nominated Hypoxi Operator employee.
4.8 REFUNDS
As set out in clauses 4.6 and 4.7 respectively, You may be entitled to a refund if the nominated Hypoxi Operator determines at its discretion that it is not safe for You or the gift recipient intending to redeem the Services to undertake Hypoxi Services. In all other circumstances other than those imposed under Australian Consumer Law (or the Fair Trading Act 1986 (NZ) in the case of New Zealand purchases of Services), the nominated Hypoxi Operator is not obliged to refund You for unwanted or unused Services.
4.9 DISCLAIMER OF LIABILITY
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms and Conditions of Purchase of Services or their subject matter, not contained in these Terms and Conditions of Purchase of Services, are excluded from these Terms and Conditions of Purchase of Services to the maximum extent permitted by law.
Nothing in these Terms and Conditions of Purchase of Services excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law (or the Fair Trading Act 1986 (NZ) in the case of New Zealand purchases of Services) which contains guarantees that protect the purchasers of Services in certain circumstances.
If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions of Purchase of Services under the Australian Consumer Law (or the Fair Trading Act 1986 (NZ) in the case of New Zealand purchases of Services) or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and We or the nominated Hypoxi Operator is able to limit the remedy for a breach of the Non-Excludable Provision, then Our or their liability for breach of the Non-Excludable Provision in the case of services, will be the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to the nominated Hypoxi Operator’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, they, nor We, are not liable for, and no measure of damages will, under any circumstances, include:
(a) special, indirect, consequential, incidental or punitive damages; or
(b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
