Before placing your order with Medgear Care, please carefully read the following Terms and Conditions. These Terms and Conditions include important information about ordering, processing, fulfilment, and delivery of goods, as well as liability limitations. Other important conditions may apply to your Order in addition to these Terms and Conditions.
All carrier losses in transit must be notified to us within 10 days after the delivery ETA. Any claims filed outside of this time limit will be denied by the carrier and our insurance company. IMPORTANT: To be qualified for carrier investigation, all non-delivery or damage must be notified within 10 days after the delivery ETA. Outside of this time window, claims will be dismissed.
The following terms apply to these Terms and Conditions:
Big & Bulky Goods are large items that necessitate extra handling and resources to facilitate delivery. There may be additional delivery fees and requirements. Please check the product description when placing your Order to see if the Goods you are ordering are affected.
In Adelaide, Australia, a business day is a weekday on which trading banks are open for banking transactions.
The term “Delivery Address” refers to the address to which the Goods will be delivered, as specified on the electronic Order form on the Website, excluding Post Office (PO) Boxes.
Any third-party delivery or shipping company designated by Medgear Care is referred to as a Delivery Agent.
The Delivery Fee refers to the fees charged by Medgear Care’s Delivery Agent for the delivery of Goods.
The term “goods” refers to the items for sale, described, or displayed on the Website.
GST is defined by the A New Tax System (Goods and Services Tax) Act of 1999. (Cth).
Any written rule or set of rules, including but not limited to any statute, regulation, order, or rule, any government ordinance or by-law, any governmental agency’s rule, regulation, or determination, and any form of custom or policy recognized and enforced by judicial decision, is referred to as law.
The term “Order” refers to your request to purchase Goods from Medgear Care in accordance with these Terms and Conditions.
The term “personal information” refers to the definition given in the Privacy Act of 1988. (Cth).
The term “Price” refers to the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
Special Delivery refers to items that require a special delivery, such as large and bulky items like furniture.
Terms and Conditions refer to these terms and conditions as they may be amended from time to time.
Website means https://www.medgearcare.com.au/
In addition to these Terms and Conditions, Website Terms refers to the terms and conditions that govern your use of the Website.
We or Us or Our or medgearcare.com.au or Medgear Care means Medgear Care Pty. Ltd.
You or Your refers to you as the buyer of Goods from Medgear Care under these Terms and Conditions.
When you submit an Order, you agree to be bound by these Terms and Conditions.Each Order you place constitutes a separate and binding agreement between you and Medgear Care for the supply of Goods in accordance with these Terms and Conditions.
medgearcare.com.au and its affiliates make every effort to provide accurate product descriptions. medgearcare.com.au, on the other hand, makes no warranty that product descriptions or other content on this site are accurate, complete, reliable, current, or error-free. If a product sold by medgearcare.com.au does not meet your expectations, your only option is to return it in unused condition.
Typographical flaws – If a product is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, medgearcare.com.au reserves the right to refuse or cancel any orders placed for that product. Wereserves the right to refuse or cancel any such orders, regardless of whether the order has been confirmed and your credit card has been charged.
Communication via electronic means You are communicating with us electronically when you visit medgearcare.com.au or send e-mails to us. You agree to receive electronic communications from us. We will contact you via e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically meet any legal requirement that such communications be in writing.
You can place an Order through the Website by completing the electronic Order form.An Order submitted by you on the Website in the manner described on the Website constitutes an offer by you to purchase Goods for the Price (plus if any Delivery Fee and, for the avoidance of doubt, GST) specified at the time your Order is submitted.
By completing the electronic Order form, you agree to provide complete and accurate information about your personal details (or those of your designated recipient for gifts) in order for your Order to be processed and delivered.
The Delivery Agent will also use this information to fulfil your Order. Medgear Care will not be liable to you or any third party for any loss caused by a delay or failure to process, fulfil, or deliver Goods to you (or your nominated recipient) as a result of inaccurate or incomplete personal details provided by you in relation to an Order.
You also agree to obtain consent from nominated gift recipients before providing Medgear Care with any personal information.
You can order from Medgear Care if you are 16 or older, have an active email account, and a phone number where you can be reached easily.
Cancellations or changes to the Goods in your Order cannot be made after you submit your Order. We will, however, allow you to return Goods in accordance with our Returns Policy. You must carefully review your Order before submitting it to us.
We are unable to combine Orders for Goods that are placed consecutively or separately. Each Order will be charged a separate Delivery Fee (if required).
When you submit your Order to the Website, you will be given an automatic Order number. When contacting our Customer Service Centre about your Order, you must provide the Order number.
Medgear Care reserves the right, at any time, to accept or reject your Order for any reason.When we accept an Order, we are agreeing to supply you with the Goods in accordance with the Order and these Terms and Conditions.
If we reject an Order, we will notify you via email of the rejection and the reason for the rejection within five (5) Business Days of the Order’s placement. Medgear Care will not be liable to you or any third party for any loss caused by the rejection of an Order.
If we reject an Order but your payment for the Goods has already been processed, we will refund any money paid to us in relation to that Order and will use reasonable efforts to process the refund within five (5) Business Days. The time it takes your financial institution to process your refund will determine when you receive it. Medgear Care is not liable for any loss, damage, cost, expense, or injury suffered by you or any third party as a result of any delay in processing your refund.
If, after making reasonable efforts to contact you, we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process, we will reject the Order.
These Terms and Conditions apply to your use of the Ratings and Reviews service.
You acknowledge and agree to the following:
- You agree not to submit any content that you know to be false, inaccurate, or misleading.
- You shall not submit any content that infringes on the intellectual property rights of any third party (including copyright, trademarks, patents, designs, and any other rights, whether registered or not);
- You agree not to submit any content that violates any law, statute, ordinance, or regulation;
- You shall not submit any content that is defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation;
- You shall not submit any content for which you have been compensated or otherwise compensated by a third party.
- You must not submit any content that contains references to other websites, addresses, email addresses, personal information, or phone numbers; you shall not submit any content that contains computer viruses, worms, or other potentially damaging computer programs or files; and you unconditionally and irrevocably consent to any act or omission in the content you submit that would otherwise infringe any of your moral rights (as defined in Part IX of the Copyright Act 1968 (Cth))and any present or future rights of a similar nature conferred by statute anywhere in the world, whether occurring before or after the date of this consent;
You represent and warrant that by submitting any content to Medgear Care, you:
- You are the sole author and owner of the intellectual property rights in the content, and it is your original and independent work.
- All information you submit (including personal information) is true, accurate, complete, and up to date, and, in the case of personal information, it is your own personal information (or, if it is the personal information of another person, you have obtained that person’s consent);
- You are at least the age of 16;
- Your use of the content you provide does not violate these Terms of Service and will not cause harm to any person or entity; and
- Use of the content you provide will not violate any laws or infringe on the rights of any third party (including intellectual property rights).
You acknowledge that the contents of your submission are solely your responsibility, not Medgear Care’s.
You assign to Medgear Care all rights, title, and interest in and to the content in all media (including, but not limited to, the internet), whether now existing or created in the future, for any content that you submit.
To be clear, Medgear Care may use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you.
Medgear Care reserves the right to use any and all content you submit at its sole and absolute discretion. However, your submission of content via the Service does not imply that Medgear Care will use the content.
You will have no recourse through Medgear Care to edit, remove, or delete any content (or portion thereof) you have submitted. As a result, you should carefully review the content of your submission before submitting it to us.
If Medgear Care decides to use your submissions, ratings, and written comments on the Website, Medgear Care will post such content on the Website within two to four business days (though this may take longer on occasion). Medgear Care, however, reserves the right, for any reason, to remove or refuse to post any submission.
You acknowledge and agree that the information submitted is not confidential (to you or any other third party) and is not subject to any duty of confidentiality on the part of Medgear Care, its agents, subsidiaries, affiliates, partners, or third-party service providers, and their respective directors, officers, and employees.
Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction is ineffective to the extent of the prohibition or unenforceability in that jurisdiction. This does not render the remaining provisions of these Terms of Service null and void, nor does it affect the validity or enforceability of that provision in any other jurisdiction.
The Laws within Australia govern this agreement.
You acknowledge and agree that some Goods on the Website may be out of stock or unavailable from time to time, and that we may be unable to fulfill all or part of your Order. If this occurs, Medgear Care will use reasonable efforts to source the Goods or contact you within five (5) Business Days to either arrange a full or partial refund, change your Order to replace the Good with a comparable product in a similar price range (where available), or come to an alternative arrangement.
If we are unable to agree on a comparable product or alternative arrangement, we will refund the Price paid for the Goods. We will make every effort to process the refund within five (5) Business Days. The time it takes your financial institution to process your refund will determine when you receive it. Medgear Care is not liable for any loss you or a third party may suffer as a result of a delay in processing your refund.
We reserve the right, at any time and without notice, to withdraw or suspend any Good displayed on the Website from sale, either temporarily or permanently. Medgear Care will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a specific Good.
If a Good subject to an Order is withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable efforts to refund any money paid to us in respect of that Good within five (5) Business Days. The time it takes your financial institution to process your refund will determine when you receive it. Medgear Care is not liable for any loss you or a third party may suffer as a result of a delay in processing your refund.
You acknowledge and agree to the following:
- All images and pictures of Goods on the Website are for illustration purposes only, and the sizes, and dimensions of Goods may vary in real life;
- prior to submitting your Order, you have read any corresponding written description of the Goods;
- in real life, the colour of Goods shown on the Website may vary slightly in shade;
- where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), you must ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate, and safe access); and
- any accessory shown with the Goods is only for display purposes and may be sold separately.
The price of a product is specified on the website.Unless otherwise stated, all prices are in Australian Dollars and include goods and services tax where applicable (GST). The purchase of Gift Cards is exempt from GST. Any fees and charges imposed by these Terms and Conditions, such as Delivery Fees, include GST where applicable.
Medgear Care reserves the right to change or alter the prices of Goods on the Website at any time without prior notice to you, unless you have already submitted an Order at a specific price, in which case there will be no price change.
We will charge you and you agree to pay the following amounts in respect of any Order:
- the Price (which is the Price at the time the Order is submitted); and
- the Delivery Fee.
You can pay for your Goods using any of the methods listed on the Website’s electronic Order form, including but not limited to credit cards and PayPal. You authorize Medgear Care to debit your nominated card at the time you submit your Order if you pay by credit card. The name on the credit card used to make the payment must correspond to the name on the Order.
Lay-by is not available for purchases made on the Website.
You acknowledge and agree that any payment made in connection with an Order must be cleared by Medgear Care prior to the despatch of the Ordered Goods. If your payment cannot be processed, your Order will be rejected and you will be notified on the Website in accordance with these Terms and Conditions.
In the case of credit cards, you should first contact your card issuer to try to resolve any issues with your credit card, or use an alternative payment method to complete your Order.
You agree that by paying or attempting to pay for the Goods, you have not engaged in any fraudulent conduct or broken any laws.
Once payment for your Order has been processed, you will receive an email with a tax invoice.
If an Order is split, your payment statement may show two separate transactions. It’s possible that you’ll be charged additional Delivery Fees.
Delivery Agents are used by Medgear Care to deliver your goods. You consent to your personal information, including your delivery address, being shared with the Delivery Agent in order for your Goods to be delivered.
Delivery Areas – Delivery of Big and Bulky Goods may be restricted to metropolitan areas in Adelaide, Brisbane, Melbourne, Perth, and Sydney.
Delivery Fees – The Delivery Fee payable by you in relation to an Order may be increased if:
Your Order has been split into multiple deliveries as a result of:
(i) the quantity or size of the Goods in your Order is such that Medgear Care will need to package them individually; or
(ii) a Standard and Special Delivery Fee being applied to your Order; or
your Order will incur additional charges if it is not delivered in a timely manner.
If the Delivery Fee for your Order changes, we will notify you, and you may cancel your Order if you do not wish to continue. We will refund any money paid to us in connection with your Order, and we will use reasonable efforts to process a refund within five (5) Business Days.
The time it takes your financial institution to process your refund will determine when you receive it. Medgear Care is not responsible for any losses you or a third party may incur as a result of a refund processing delay.
Delivery Time Frames – Medgear Care aims to meet the delivery deadlines listed below.
All Standard Fee and Special Delivery Fee Goods (with the exception of Big and Bulky Goods):
(i) Australia wide (including capital cities and suburbs, and most regional areas: 4-7 Business Days; and
(ii) Regional Western Australia, Queensland and Northern Territory: 7-10 Business Days.
Big & Bulky Goods – 7-14 Business Days, on a date agreed by you and Medgear Care.
Orders that are split cannot be guaranteed to be delivered on the same day.
Medgear Care may not always be able to meet the delivery deadlines you request, and you acknowledge and agree that, notwithstanding anything else in this clause:
(a) Medgear Care cannot ensure that delivery will take place within the specified time frames;
(b) due to unforeseen circumstances, delivery time frames may change from time to time; and
(c) Medgear Care is not responsible for any loss, damage, cost, expense, or injury suffered by you or any third party as a result of a change in delivery times or a delivery delay.
Orders may experience delivery delays during major sales events. If there will be a significant delivery delay, Medgear Care will contact you.
General terms for delivery – The Goods will be delivered to the Delivery Address you specify during the Order process. If you require multiple delivery destinations, you must submit a separate Order for Goods.
If you are unable to accept delivery yourself, you may appoint a representative to do so on your behalf. You agree that we may rely on the representative’s instructions as if they were your own, and that the representative must be at least 16 years old and capable of receiving delivery on your behalf.
The Delivery Agent may require you or your designated representative to provide proof of identity, such as photo identification or proof of age, at the time of delivery (for example, for deliveries involving Goods such as knives). If the person receiving the Goods is unable or unwilling to provide satisfactory proof of identity or age, Medgear Care may refuse to deliver the Goods. If delivery is not possible due to insufficient identification, you will be given a calling card to collect the Goods from a local Australia Post office. You are responsible for following the instructions on the calling card.
To confirm that the delivery was made, you or your designated representative may be asked to sign a delivery manifest. Refusing to sign the delivery document will be interpreted as a refusal to accept the delivery. You may be required to pay any associated fees for redelivery if it is required due to refusal to accept delivery.
If no one is available to accept delivery at the Delivery Address, or if access to the Delivery Address is restricted, or if delivery is unsafe or impractical, a calling card will be left for you to pick up the Goods from a local Australia Post office or Nominated address as mentioned on the card. You are responsible for following the instructions on the calling card.
If you do not collect your Goods (except Big and Bulky Goods) from the Australia Post office or nominated address within 10 days of a failed delivery and the Goods must be redelivered, you may be required to pay any redelivery fees.
You agree to provide us with as much information as possible about specific features of the Delivery Address in order for delivery to be possible, including, but not limited to:
(a) Restricted access or parking for our truck;
(b) Restricted or limited access to the premises; or
(c) If you have narrow doors, spiral staircase or tight corners.
If redelivery is required due to access issues or delivery limitations, you may be required to pay any associated redelivery fees.
You must inspect and test your Goods upon delivery, and ensure that the Goods delivered match your Order. If the Goods appear to have been damaged during transit, please contact us as soon as possible. You may return the Goods to us if they are not as ordered, as long as you follow the Returns Policy.
Any returns will attract a redelivery fee.Unless additional courier signature fees have been arranged prior to order, the customer agrees to have their order marked as ATL (authority to leave).
Orders cannot be picked up at a Medgear Care location.
Your Order does not qualify for insurance or expedited delivery.
Big and Bulky Delivery Terms – You acknowledge that you will be available to accept delivery of Big and Bulky Goods at this address on the delivery date agreed upon between you and Medgear Care’s Delivery Agent. If you are unavailable and redelivery is required, you will be left a calling card with instructions on how to schedule redelivery. You agree to pay any associated fees for redelivery as required by the Delivery Agent if redelivery is required because you were not available at the agreed time.
Some large and bulky items may need to be assembled. As part of the delivery service, delivery representatives are not required to unpack, assemble, or construct items. The cost of putting the Good together is your responsibility.
Some of the goods you buy on the website are delivered directly from our suppliers. These Goods are identified as such on the Website, and different terms and conditions, as set forth in this clause and/or on the, will apply to their delivery. Before purchasing these Goods, you must carefully read these additional terms and conditions, as well as any additional information provided to you on the product page for the Goods on the Website. These Terms and Conditions will continue to apply to your purchase for the avoidance of doubt. If there is a conflict between these Terms and Conditions and the Supplier Direct Terms, the Supplier Direct Terms will take precedence.
Supplier Direct Goods are delivered separately from any other Goods in an Order and are subject to a separate Delivery Fee as specified on the Website.
You acknowledge and agree that certain Goods may be subject to restrictions in the jurisdiction of the Delivery Address, such as those that cannot be delivered to minors (for example, alcohol and tobacco) (Restricted Goods). You must ensure that the Goods can be lawfully imported into the destination country.
You agree that in ordering Goods that are or contain Restricted Goods, that:
(a) you are aged 18 years or over;
(b) you acknowledge that it is unlawful to sell or supply Restricted Goods to, or obtain Restricted Goods on behalf of, a person under the age of 18; and
(c) you represent and warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18.
No cancellations or changes to Orders will be accepted unless otherwise specified in these Terms and Conditions, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. As a result, before submitting your Order to us, please double-check its accuracy. However, you will be able to return the Goods in accordance with the Returns Policy.
Goods can only be returned in accordance with these Terms and Conditions and the Returns Policy. The Returns Policy is incorporated into these Terms and Conditions.
In addition to the Returns Policy, the following terms apply to Medgear Care purchases:
(a) Unless required by law, food products purchased from Medgear Care will not be refunded or exchanged.
(b) Unless required by law, Big and Bulky Goods cannot be returned or exchanged once they have been delivered.
We shall reimburse the Price of the Goods to you in accordance with these Terms and Conditions if we reject or cancel your Order under these Terms and Conditions. Within five (5) Business Days, we shall process your refund using reasonable efforts. The time it takes your banking institution to process your return will determine when you receive it. Medgear Care is not responsible for any losses you or a third party may incur as a result of a refund processing delay.
In order to reduce the risk of fraudulent behaviour on cards, Visa, MasterCard, Maestro, and other card schemes require refunds to be processed on the same card as the initial payment. To be allowed to take these card kinds, Medgear Care must follow all card scheme requirements, which means that all of your refunds will be credited to the card you specified in your Order.
Where a Good is subject to a product recall, a notice will be posted in the Notice section of the Website. You can return Goods that are the subject of the product recall to any Medgear Care store.
You agree for us to contact you, using the personal information provided on your Order, to notify you of a product recall either by telephone (including mobile phone), email or postal mail.
Medgear Care does not compete on pricing. Medgear Care purchases are not subject to the Medgear Care Competitive Pricing Policy.
You may get online offers and promotions that include a promotional or coupon code (Code) for use when buying at Medgear Care, whether mailed to your house, distributed at a Medgear Care store, or emailed to you. It is your duty to verify that the Code is authentic and that you enter it when making an online transaction. We are unable to apply the Code after you have submitted your Order. The offer or promotion will be subject to terms and limitations. Please read these carefully to ensure that they relate to your Medgear Care purchase. Any Code is non-transferable and cannot be combined with any other promotion.
Unless otherwise stated, certain offers, such as cashback and bonus redemptions, are only available through supplier redemption and are subject to additional terms and conditions (as specified with the offer). You should read these terms and conditions carefully because cashback and bonus offer redemptions are subject to time limits. Postage and handling expenses, as well as any other costs incurred as a result of redeeming the cashback and bonus, are not included in any of the advertised cashback and bonus redemption offers.
Unless otherwise specified, all references to times in promos are based on Adelaide, Australia local time.
The usage of Gift Cards purchased on the Website is subject to additional terms and conditions.Gift cards are treated in the same way as currency. Cards that are lost or stolen will not be replaced or refunded. Gift cards cannot be used to settle credit or store account balances. Gift cards are non-transferable and cannot be exchanged for cash. Gift cards cannot be reloaded.
Gift cards have a two-year expiration date from the date of purchase. This is the date Medgear Care issued the Gift Card, not the day you received the Gift Card, for the avoidance of doubt. Any unused funds after the Gift Card’s expiration date will not be returned or credited.
You represent and warrant to Medgear Care that: expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) arising directly or indirectly from or in connection with these Terms and Conditions, whether caused by contract, tort, statute, or otherwise.
Medgear Care excludes, to the maximum extent permitted by law, all implicit conditions and warranties, whether statutory or otherwise, relating to the subject matter of these Terms and Conditions, subject to any rights you may have under any consumer protection law. Under consumer protection law, you have certain rights that you cannot waive.
Our responsibility to you for any loss or damage resulting from these Terms and Conditions is reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Any express warranty (for example, a manufacturer’s warranty or a faulty warranty) that comes with the Goods you buy is a contract between you and the supplier or manufacturer regarding the Goods’ performance (in some instances, for example, Medgear Care may provide this express warranty). Details of the warranty and the claim process, including the address and costs (if applicable) to which a claim must be made, are provided out with the Goods if you desire to make a claim under that warranty. To address your warranty claim, Medgear Care strongly advises you to follow the warranty claim process and contact the supplier or manufacturer directly. Medgear Care makes no express warranties with respect to Goods sold on the Website, except as expressly stated in relation to specific Goods, and is not liable to you or any third party for any loss, damage, cost, expense, or injury you or any third party incurs or sustains as a result of a breach of any such express warranty.
Medgear Care reserves the right to terminate these Terms and Conditions, as well as your access to and use of the Website, at any time:
- upon notification to you; for your convenience, at any time;
(i) if Medgear Care has reasonable grounds to suspect you have violated these Terms and Conditions in a way that cannot be remedied; or
(ii) If you’ve been given notice of a breach and haven’t fixed it within 14 days, you’re in trouble (where the breach is able to be remedied).
Medgear Care retains the right to amend these Terms and Conditions at any moment. Any changes to these Terms and Conditions will be effective as soon as they are posted on the Website. Your relationship with Medgear Care with respect to such Order is governed by the Terms and Conditions in effect at the time of Order.
Any term of these Terms and Conditions that is banned or unenforceable in any country is ineffective to the extent of the restriction or unenforceability in that jurisdiction. That has no bearing on the validity or enforceability of the remaining elements of these Terms and Conditions or on the validity or enforceability of that provision in any other jurisdiction
Medgear Care’s omission or delay in exercising a power or right under these Terms and Conditions does not constitute a waiver of that power or right, and Medgear Care’s exercise of one power or right does not bar Medgear Care from exercising another power or right in the future.
Please contact us if you have any queries regarding this or other company policies.