Terms & Conditions
About These Terms And Conditions
In these Terms and Conditions, "we" and "us" refer to Wellkart Pty Limited of 87 Allingham St, Condell Park, NSW 2200 Australia, and "you" refers to you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
In these Terms and Conditions, "we" and "us" refer to Wellkart Pty Limited of 87 Allingham St, Condell Park, NSW 2200 Australia, and "you" refers to you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
| Australia-wide Sales Only We only sell and deliver our products within Australia. We will not make deliveries outside of Australia. |
| Legal Capacity To Transact Person(s) aged under eighteen (18) years should not place orders with Wellkart. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Wellkart suffer any damage or other losses as a result of a transaction entered into by a minor, Wellkart reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Wellkart. |
| Placing An Order You may place an Order by using the Shopping Cart and following the Checkout steps on the Wellkart Website and clicking on the "Confirm Order" button. When an Order is placed, an Order Number will be issued. We will let you know your entire order detail by email. You may also access your order detail by logging in to your Account. By placing an Order, you agree to purchase the Products you have selected based on these Terms and Conditions. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the order placed, for the purpose of preventing credit card or payment fraud. Wellkart Pty Ltd reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your Order when we send you an email confirming delivery of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone. |
| Payment Methods And Payment Processing Wellkart currently accepts PayPal, Visa and MasterCard for online payment. Surcharge may apply for credit card payments (please read Payments Accepted section). This will also be notified on the Checkout steps. We also accept Bank Cheque and Money Order if you are sending payment by post. If you wish to pay on pickup, we also accept EFTPOS and Cash. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding NSW Public holidays. We also open on Saturday for pickup only. We dispatch items for delivery on Business days only. We process credit card and PayPal payments after you click the "Confirm Order" button. When you pay by credit card, we start processing the payments manually and for extra security we may call you to verify your credit card number or CVV number. For credit card and PayPal payments we will email you a tax invoice with your Order Confirmation. Your tax invoice is your proof of purchase. Please Note:
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| Best Price on Offer Excellent products for the best price on the market. |
| GST Wellkart purchases include GST unless otherwise stated on a Product listing. |
| Prices Wellkart always seeks to list Products with the most competitive prices. Wellkart reserves the right to change prices for Products displayed on the website at any time. |
| Supply Of Your Products Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm delivery of each item. |
| Delivery Of Your Products Delivery time takes up to 10 working days from the date your payment is received. Please note that Bank Cheque and Money Order payments may take 1-2 business days to process. Wellkart makes every effort to deliver your Product according to the estimated delivery times as stated in the Shipping & Returns page. Although every effort is made to deliver your Order according to the estimated delivery times, estimated delivery times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us. We encourage you to visit the "My Account" section on our website to view the delivery status of your Products or email us. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. Wellkart will not be liable for delay in delivery due to incorrect address provided by you. Our courier will call you to confirm the delivery time. If no-one is available to take delivery, either they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery or we will call you to let you know about it. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery. |
| Return Policy No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order. Also read Shipping & Returns page. |
| Dead On Arrival Products - "DOA" Our Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging. A Wellkart Customer Service representative will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product. Refunds will only be offered where a replacement Product can not be provided. If the Product is deemed by Customer Services NOT to be DOA, Wellkart may in its absolute discretion refuse to replace the Product or offer you a refund for the Product. When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. When a refund is given, the returned DOA Product becomes our property. Wellkart reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, Wellkart will impose a $35 handling and administration fee. |
| Problems with Product After Delivery If your item arrives DOA (Dead On Arrival) or you find a defect arises after delivery and a valid claim is received by Customer Service within 30 days of delivery, Wellkart will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 30 day period customer service management will consider each claim on a case by case basis on its merits. Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 30 days from dispatch. We will make arrangements with you for the return of the Product. The delivery time for replacing the Product will be the same as stated for the original Product. Replacement Products are provided with the same Warranty as the returned Product. |
| Organising the Return of DOA Products DOA Products must be returned whenever we agree to replace the Product or provide you with a refund. Where you have received a DOA Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you. When a Replacement Product is arranged:
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When a Refund is arranged:
- No refund will be given to you until Wellkart has received the DOA product from you.
- TRefunds will be transfered to your bank account.
| Warranty Policy Some Products sold through Wellkart are serviced and supported exclusively by their manufacturer in accordance to the warranty information provided on the listing. Manufacturer's warranty: For items advertised and sold with manufacturer's warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, Wellkart will replace the item or issue a refund of your purchase price for that item. On-site warranty: Call outs are not included in our warranty policy. For all call outs, a fee will apply plus labour charge. Please note that in some areas, call outs are not available. Back to base warranty: is also available for all products and will be charged when outside the warranty period. You will be responsible for sending the item(s) to our warehouse or service centre for repairs or refund. Structural warranty: Some of our products (such as trampolines) have structural warranty. It means the warranty only covers metal frames of the product. Structural warranty does not cover mats, netting, springs, straps, padding, foam and other parts. The warranty does not apply to any product from which the serial number has been removed, damaged or rendered defective as a result of accident, misuse, abuse, contamination, improper or inadequate maintenance or calibration or other external causes or by operation outside the usage parameters stated in the user documentation that shipped with the product. The warranty does not cover normal wear and tear and all warranties are void if the product is used for other than normal activities. |
| Limitation of Liability Wellkart is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing parts on the products. Recovery and reinstallation of system and application software (where applicable) and user data are not covered under any Wellkart warranty. In relation to any computing part contained within a product, Wellkart will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with Wellkart products supplied to you, and any failure to maintain the confidentiality of data stored on the product. Wellkart specifically does not represent that it will be able to repair any product under warranty or make a product exchange without risk to or loss of programs or data. Where a computing part needs to be returned to Wellkart for replacement or a refund, Wellkart will in no manner whatsoever be responsible for any data you may leave on the computing part. In no event will Welkart and employee of Wellkart be liable for any damages caused by the product resulting in the failure of the product to perform, any loss of goods or products, delay in shipment including any lost profits or savings, business interruption, loss of use or any other commercial or economic loss of any kind or special, incremental, or consequential damages. We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question. |
| Your Data - Use And Protection By placing your Order, you agree that we may store, process and use data collected from the Order Form (Checkout Steps of the website) for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Wellkart products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Wellkart products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please also refer to our Privacy Notice. |
| Credit Card Fraud While Wellkart employs the Secure Sockets Layer (SSL) certificate for its transactions with our customers, Wellkart will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner. |
| General You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Wellkart. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. either our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Wellkart reserves the right to change the Terms and Conditions of sale at any time. |
| Exceptional Cirumstances Wellkart shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Wellkart, and Wellkart shall be entitled to a reasonable extension of time for the performance of such obligations. |
| Changes to the Website Wellkart may make improvements or changes in the information, services, products, prices and other materials on the website, or terminate this site, at any time without notice. Wellkart may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement. |
