Website Conditions of Use
This document is the Website Conditions of Use ("Website Conditions") of Beiersdorf Health Care Australia Pty Ltd, 4 Khartoum Road, North Ryde NSW 2113, Australia ABN 96 620 983 020 and Beiersdorf Health Care Australia Pty Ltd trading as Beiersdorf Health Care New Zealand, Level 2, 25 Teed Street, Newmarket, Auckland 1023, New Zealand (referred to as "BHC", "we" and "us").
References to "Websites" in these Website Conditions include this Website and any other website controlled by BHC, including the following:
By using any of the Websites, you accept these Website Conditions and agree to comply with them. If you do not agree to these Website Conditions you must not use any of the Websites.
Due to ongoing technical and legal innovations, and to commercial developments, we may amend and update our existing Website Conditions from time to time. Please check each time you use our websites when the last version was amended. The most recent update is 1 March 2018.
3. Personal Information
4. Copyright, Trade Marks and other Intellectual Property Rights
All content on our website including but not limited to text, images, graphics and audio or video files is the property of BHC and our licensors unless the contrary is explicitly stated. All content is protected by copyright and may only be used by you for private and not for public or commercial use (downloads, reproductions, etc) unless you have obtained express permission for other use. Such other use and any changes to, translations of, or other editing or processing of the content may only be made with the prior written permission of BHC.
The unauthorized use or misuse of any trade marks of BHC is not permitted.
Please note that any infringement of our copyright or other intellectual property rights may have civil law and/or criminal law consequences.
5. Disclaimer of Liability
This website is provided for use only by residents of Australia and New Zealand. The materials on this site, including products, services and information, may not be appropriate or available for any location outside of these jurisdictions. To the extent any offers, products or services made available or communicated through this site are prohibited by applicable law of the country in which you are located, they are void. Products and services referred to on this website may not be available from time to time in particular jurisdictions or generally.
Although BHC makes reasonable efforts to update the information on the Websites, BHC makes no representations, warranties or guarantees, whether express or implied, that the content on the Websites is accurate, complete or up-to-date.
BHC does not exclude or limit BHC's liability to you where it would be unlawful to do so. However, to the extent permitted by the laws in your jurisdiction, we will not be responsible for the topicality, accuracy, completeness or quality of the information contained on this Website, and you should rely on your own enquiries.
Each Website is designed to provide general information and in no way replaces medical or professional advice. For such advice, please contact a physician or specialist of your choice. To the extent permitted by law, BHC does not assume any liability for actions taken on the basis of the information contained in any Website.
Use of any Website and downloading of data is at the user's own risk. BHC will not be liable for any damage, including damage to any data files, hardware and/or software of the user, arising as a result of such an action unless that damage has been caused by our gross negligence.
Each Website contains hyperlinks to websites owned and operated by third parties. Such links should not be interpreted as indicating BHC's approval of those linked websites or the information or products available on them. BHC has no control over the content of third-party websites and will not be liable for any content on third-party websites or the conduct of their operators. However, BHC will promptly remove any link or content upon becoming positively aware that a third party website violates applicable laws.
6. Material submitted
When you submit any material to us via this Website (including information, ideas, concepts, images, graphics and comments) you represent that you own all rights in that material (including copyright and any rights to confidential information). By submitting material to us via a Website you grant to BHC a perpetual, irrevocable, world-wide, royalty-free, transferrable, unlimited licence to use, reproduce, modify and to take any other actions (or omit to take any action) it sees fit in relation to that material as if it were the absolute owner of that material and to sublicense those rights. You also grant your consent to any such actions occurring that are contrary to your rights in the nature of moral rights in such material. You agree that you will take any steps necessary (including signing any document) to ensure that BHC holds all rights granted by you and is able to exercise them in its complete discretion.
You may have the opportunity to rate the contents of a Website with regard to products, workflows or other aspects. Should you give a rating, you grant BHC the right to use the rating anywhere and for an unlimited period of time. BHC may publish and distribute the rating to an unlimited extent, i.e. in all forms of use and media, both online and offline. In addition, BHC will be entitled to shorten the rating. Should you give your name when giving the rating, BHC will be entitled, but not obliged, to specify your name when publishing the rating.
By submitting a rating and/or a commentary, you also agree and represent that you will not knowingly give an inaccurate rating, nor give any rating (a) that violates the copyright or any other rights of third parties; (b) that violates any statute, regulation or common law; (c) that is defamatory, libellous, insulting or discriminatory with regard to any individual or company; (d) for which you have received a payment or other consideration from any third party; (e) that contains information with regard to other websites, addresses, e-mail addresses, contact information or telephone numbers; or (e) that contains any computer viruses, worms or other potentially damaging computer programs or files. BHC reserves the right to delete any ratings with illegal or inappropriate content, in particular discriminatory ratings, ratings promoting violence, ratings which contain pornographic or racist content, or ratings containing chain letters, bulk mailings or other forms of spam, and you agree not to publish such content on any Website.
You must not misuse any Website by introducing any virus, trojan, worm or other material which is malicious or technologically harmful. You must not attack any Website, or attempt to gain unauthorised access to a Website, or any server, computer or database connected to a Website.
BHC reserves the right to block your access to any Website if you breach any of the Website Conditions.
7. General Provisions
These Website Conditions are governed by the laws of New South Wales, Australia.
If any provision of these terms is or becomes illegal, invalid or unenforceable in any jurisdiction the validity or enforceability in that jurisdiction of any other provision of these terms shall remain unaffected.
If you want to report legal infringements on our web sites do not hesitate to contact us.
8. Contact Details
Our contact details are set out below:
Beiersdorf Health Care Australia Pty Ltd
4 Khartoum Road
North Ryde NSW 2113
Toll Free Australia: 1800 103 023
Free Phone New Zealand: 0800 696 483
Elastoplast Website Trading Terms and Conditions for Australia
9. Trading Terms and Conditions
These additional terms and conditions will apply to transactions conducted via the online shop at https://shop.elastoplast.com.au (EP Shop Website). The EP Shop Website is the shopping website of Beiersdorf Health Care Australia Pty Ltd, 4 Khartoum Road, North Ryde NSW 2113, Australia ABN 96 620 983 020 (BHC) for Elastoplast, Elastoplast Sport and Leuko products. By using this EP Shop Website, you agree to the trading terms and conditions below (TTCs) as well as the general terms and conditions set out above. BHC reserves the right to change these TTCs from time to time without notice. Please review these TTCs each time you use the EP Shop Website to ensure that you are aware of the current TTCs before you place an order.
This EP Shop Website is for our customers in Australia only.
To submit an order for Products via this EP Shop Website, you must create an online account with BHC by registering on our registration page at https://shop.elastoplast.com.au/en/AUD/register and creating a user name and password.
For professional practitioners or sports clubs, you must insert all requested details including your ABN.
You are responsible for keeping your user name and password secure and will be liable for all transactions conducted using your user name and password. Please contact BHC immediately if you become aware of any unauthorised use of your user name and password.
Once you have created your online account, orders via this EP Shop Website may be placed using the online order form. You must specify a delivery address in Australia for each order. Only one delivery address can be specified in each order.
11. Personal information
In order to purchase products from this EP Shop Website, you will need to provide accurate contact details including your name and the delivery address in Australia. In order to purchase products at member prices from this EP Shop Website, you will need to provide accurate details of the purchasing entity including its ABN and its contact person(s). If you are purchasing products on behalf of a school, please contact us at [email protected]
12. Products and Prices
The Products available for purchase from this EP Shop Website (Products) will vary from time to time. All prices on this EP Shop Website are quoted in Australian dollars including GST. All prices displayed are subject to change and are only valid online at the time shown. There will be prices shown for purchasers who only buy Products from this EP Shop Website for personal use and there will be prices shown for purchasers who only buy Products from this EP Shop Website for the purposes of business use or resale or supply to third parties (including customers and clients) in Australia.
BHC is registered for GST and will issue valid tax invoices. Most Products supplied will be subject to GST and in a few specific cases the Products will be "GST-free". The status of any Product will be clear on each line item on an invoice and will show the supply as either taxable or GST-free.
14. Credit Card information
By providing credit card details as payment for the Product/s you therefore agree to your purchase of the selected Product/s. The EP Shop Website accepts only MasterCard and VISA credit cards.
You must not pay or attempt to pay for Product/s using out-of-date or fraudulent credit card information.
15. Delivery of Orders
BHC provides free shipping in Australia for orders above $150.00 (including GST). For orders under this amount, a standard delivery charge of $25.00 including GST is charged.
Standard processing and delivery times are usually three (3) to sixteen (16) working days depending on your location and if placed prior to 6.00 AM on days when banks are open for business in New South Wales (Business Days). Orders placed after 6.00 AM on Business Days will take one (1) additional day for processing.
BHC does not keep backorders. In the unlikely event that we are unable to deliver an ordered item, we will notify you within 2 business days to arrange a credit.
16. Return of Products / Credit Policy
For any errors associated with any orders, including but not limited to invoicing errors, Products damaged in transit, Products lost in transit, or suspected defective Products, please contact your account manager or customer service within twenty (20) working days from date of invoice. Please quote the invoice number in all instances and if relevant, include any photographs of damaged Products.
Change of mind: Please select Products carefully. No credit is provided for change of mind.
17. Limitation of Liability
BHC is not liable for any consequential, special or contingent damages, losses or expenses or for any damages in the nature of loss of profits, loss of income, loss of goodwill or claims by third parties in connection with BHC's breach of any of these TTCs, or failure to perform any obligation under these TTCs, unless such damages, losses or expenses are incapable of exclusion under Federal or State law.
Subject to rights granted or implied by law, and to the extent permitted by law, BHC's liability to you in relation to any claim will not exceed the wholesale price of the Product the subject of that claim.
18. Product Liability
Where Products are bought from this store on the EP Shop Website for personal use or for your use as personal gifts, then you must not resell Products purchased from this store.
Where Products are bought for resale or resupply, then you must:
- keep the Product in its original packaging at all times and must only sell the Product in that packaging;
- include the original instructions with the Product;
- not alter any warnings with the Product;
- not make any representations about the Product which are not included in the packaging or sales material distributed by BHC;
- not re-sell the Product in combination with any other product, where the combination is, or may be unsafe or where it is not known whether the combination is safe; and
- include provision in the same terms as those set out above in (a) to (e) above in your contracts with retailers.
As a purchaser of Products for use in, and resupply by, your business, you are responsible for determining the suitability of the Products for the purposes for which you, and your clients and customers, intend to use them.
You warrant and represent that you will use and resupply Products using due care and skill.
You must indemnify BHC against all loss and damage in the event that any claim is brought against BHC resulting from a breach of any of the above provisions in this clause 18.
19. Title to Products
Title to Products remains with BHC until payment is received in full.
In relation to orders for delivery within Australia, risk passes on delivery of the Products to the delivery address nominated in your order form for those Products.
21. Customer Service
BHC will provide a prompt and dependable response if service problems arise. Please contact your account manager in the first instance. Alternatively, Customer Service can be contacted through email at [email protected].
22. Document History
This is for internal use only. Last update 1 March 2018, reviewed JWS Feb 2018. File with KL.