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General Conditions:All our items are guaranteed so that :
- they are of acceptable quality. (safe, durable and free from defects., acceptable in appearance and finish, and do the job for which they are intended)
- they match the description, they will match the description given to you on our website
- they match the sample or demonstration model shown to you. (variations due to computer displays/colours does not constitute a difference)
We will honour any warranty or promise stated on our website(see condition ..6), and honour the Consumer Guarantee.
You will not be covered by the new Consumer Guarantees for goods:
- bought before 1 January 2011. These are covered by laws that were in force before 1 January 2011.
- you buy to on-sell or re-supply (ie you sell them in your business or to another person)
- you want to use, as part of a business, to:
- manufacture or produce something else, for example, as an ingredient
- repair or otherwise use on other goods or fixtures
- a problem is caused by someone else said or did, unless it was their agent or employee, or
- a problem is caused beyond human control that happened after the goods or services were supplied to you.
Specific Conditions :
1.Breastforms have a manufacturer’s warranty. (Excludes "Real Breasts & Breast Enhancers)
- For a period of either 1, 2 or 5 years according to the manufacturer – this is stated on your warranty booklet/pamphlet/receipt. If your product does not come with a warranty booklet/pamphlet/receipt then please contact us.
Warranty period is stated in your warranty booklet/pamphlet/receipt for your product. In the case of Breastforms (excludes "Real Breasts & Breast Enhancers) warranty ONLY covers failure of the following:
- Separation of seams . NOT tears or rips adjacent to the seams.
- Separation of the nipple or areola from the form . This does not include tears or rips adjacent to the nipple or areola.
- Separation of a substantial amount of filling from the outer skin so as to make the form unusable
- Adhesive ability of backings on self adhesive forms(subject to following manufacturers instructions).
NOTE: Manufacturer Warranty does NOT cover any other fault(s). NO other Warranty or Express Warranty stated or implied. Please Note: You must give TBFS first opportunity to satisfy your claim. Defects (stated in the conditions) will entitle the you to a replacement or refund if no equivalent replacement product is readily available in a reasonable time frame. You must pay all initial postal charges. You must return your products to TBFS before we can process or accept a claim. If you claim is accepted then the cost of the item and postal charges within Australia(which are considered reasonable – for example: economy rates) will be reimbursed to you. We do NOT reimburse international potage costs from your postal area to our office, you are liable for all postage costs in this case.
Note: Warranty only available on those products where stated..
2. If you are not satisfied with your product you can return it. In this case you may be entitled to one of the following:
- A refund
- A store credit
- An exchange of the item for another of equal or lesser value.
NOTE: You are only legally entitled to a refund if your items:
• are faulty
• have been wrongly described
• are different from a sample shown to you, or
• do not do what they are supposed to.(this does not cover if you simply don't like them or don't suit you)
To return your items please contact us as soon as possible.
If you are returning a product you MUST :
- Cease to use the product.
i. If you are returning a product as part of a guarantee/warranty claim then you must cease to use a product. Any failure to do so may void any warranty or guarantee.
- Return your item(s) Undamaged/Unsoiled(unless making a warranty/guarantee claim)
- Not have treated your item(s) in such a way that it decreases their value.
- Return your original receipt with your items. We WILL refuse ANY claim made without this.
- Returned in the same condition you received them
- Return breastforms in the original protective sleeves(which are part of the breastform package).
- Returned your item(s) via insured mail to their full value with tracking number.(see condition 3)
- Not have breached any other stated or implied condition of the Consumer Guarantee. or warranty
Failure to comply with any of these conditions may result in your items being returned at further cost to you and your claim denied..
3. Your items will be sent Registered and Insured with a Tracking Number to your postal address: All items are inspected before dispatch.
Items that arrive damaged must be considered Postal Damage.
- If they arrive damaged then you can place a claim in for the item and once processed and accepted we will send you another item free of charge.
- You must return the original item via insured mail before we will process your claim – you will be credited/refunded this amount of postage.
- You may be asked to fill out a claim form at a post office and provide proof of damage.
- DECISION FOR POSTAL DAMAGE IS MADE BY AUSTRALIA POST - NOT US - AND IF REJECTED WE WILL RETURN THE ITEMS TO YOU AT YOUR EXPENSE.
NOTE: We can not be responsible for loss or damage in the mail. If you fail to insure the item we will not be responsible for OR replace it if it gets lost stolen or damaged in the mail or suffers any other misadventure. If returning items you will be liable for initial return postage costs and any associated postage costs and you may be liable for further postage costs, fees or charges and credit card fees if applicable.
In the case of a faulty product, if it is found faulty by us or the manufacturer your postage costs will be refunded to you ( for Australia Post destinations only - no international postage).
4. If your breastforms fail as a result of a manufacturing defect within the first 12 months we will replace it:
- IF it the fault is caused by a manufacturing defect. This must be determined by us and/or the manufacturer and your product must be returned to us for evaluation before we will decide to replace it or not. If it is not a defect you will be liable for all return postage costs.
- Excludes damage caused by any of the items listed in Section (ii) "What it Does not Cover" .
5. Proof Of Purchase: You require proof of purchase. For example:
- a lay-by agreement
- a confirmation or receipt number provided for a telephone or internet transaction
- a credit card or debit card statement
- a warranty card showing the supplier’s or manufacturer’s details and the date or amount of the purchase
- a serial or production number linked with the purchase on the supplier’s or manufacturer’s database.
6. Changes to the website are subject to no notice, information on your product may change according to manufacturers descriptions at any time. However we will honour all descriptions at time of purchase for guarantee or warranty purposes.
7. Original packaging: We will not refuse a refund/exchange if you cant return your goods in the original box/packaging. However all breastforms are sold with protective holders/sleeves or carry bags - which are part of the breastform package (contained within the box). You must return the protective holders with any return breastforms.
8. Cancelled orders do not include Custom Orders. Custom orders will not qualify for refund or exchange in the case of a cancelled order.
Please note:
- All attempts have been made to represent Warranty and Consumer Guarantee in accordance with the law and the Department of Fair Trading regulations. If there is error or omission it is purely by accident and NOT by design.
For further info on your rights as a consumer please visit Department of Fair Trading or Phone 13 32 20
GST
GST is included in all purchases unless stated on your invoice. GST is INCLUDED in your purchase on all items in Australia where applicable. If you are able to claim GST, the GST component but will be shown for all accounts on your invoice that is shipped with your products.
Under subsection 38-45(1) of the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) only products such as breastforms, pocketed bras, breastform adhesives are GST free.
Tax avoidance is a crime..We will report any attempt of tax avoidance to the Australian Tax Office. For further information please go to the ATO webiste.
Any misrepresentation of a person to fraudulently claim Medicare funds will be reported Medicare. MEDICARE Website
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