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Terms & Conditions
About these Terms and Conditions
In these Terms and Conditions "we" and "us" mean Blue Oxygen Pty Ltd, ABN: 19 115 078 101 of PO Box 5937, West End QLD 4101 and "you" and "your" means 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 prior to the event.
Legal Capacity to Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.
Should Blue Oxygen Pty Ltd suffer any damage or other losses as a result of a transaction entered into by a minor, Blue Oxygen Pty Ltd 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 Blue Oxygen Pty Ltd.
Placing Your Order
You may place your order by filling in the order form on this website.
When you place your order, we will issue you with an order number. We will do this by email.
By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.
We will confirm acceptance of your order when we send you an email confirming shipment 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.
Blue Oxygen Pty Ltd reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Payment Methods and Processing
Blue Oxygen Pty Ltd accepts Visa and MasterCard credit cards and debit cards only.
Payment can also be made by direct deposit to our bank account. Orders paid for by direct deposit will not be processed until payment has been received. Please ensure that you include the order/ invoice number in the transaction description.
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 Queensland public holidays.
We process credit card payments after you click the "Submit My Order" button.
For credit card payments we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.
We will not accept credit cards issued by banks outside of Australia.
Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
You may be required to provide further identification for additional security reference checks.
All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the invoice.
Blue Oxygen Pty Ltd always seeks to list Products with the most competitive prices.
Blue Oxygen Pty Ltd reserves the right to change prices for Products displayed at the Blue Oxygen Pty Ltd website at any time.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation.
Products will have a minimum of one month shelf life unless otherwise stated.
Returns for unwanted products are not accepted.
If you receive a damaged or defective item, please contact us within 24 hours of receiving the goods. Please supply your order number from your original confirmation e-mail, as well as a description of the damage or defect, along with your e-mail address and phone number. Once we receive all the necessary information we will authorise for the return of the goods and arrange a credit towards your next purchase or send a replacement product after we receive the original item(s) back. Please pack the item(s) securely in the original product packaging, if possible. Please include all paperwork, parts, and accessories. Customer will incur the cost of return postage and be credited the purchase price only.
Blue Oxygen Pty Ltd reserves the right to change prices for delivery at any time. Delivery charges for orders to be sent outside Brisbane, Queensland, Australia are subject to confirmation at the time the order is placed.
We reserve the right to place a delivery surcharge to some outer and remote areas. Surcharge area information is available on request.
All orders on this website are processed within 24 hours. If there are any unforeseeable delays, you will be contacted by our customer service team.
Orders will be delivered to you by Blue Oxygen Pty Ltd, or where more appropriate, a Courier Service of our choosing.
If you REQUIRE a fully insured freight service that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. An additional charge will be payable for this service.
Once purchases have been dispatched, we cannot be held responsible for items lost or damaged in transit.
With our nominated Courier Service we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00 am and 5.00 pm. Our courier cannot guarantee a specific delivery date or time. If no one is present to accept the delivery a slip will be left in the mail box so that you can negotiate a suitable arrangement for final delivery or collection.
Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship 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 here.
Title and risk of loss to all products will pass to you on delivery.
Products Damaged in Transit
All orders are delivered by Australia Post or by our nominated Courier Service which is an independent courier company. Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options.
Australia Post Express satchels are NOT insurable. It is however, a much quicker service in general. Damage, loss or theft incurred as a result of using this delivery option is at the purchaser's risk.
If you REQUIRE a fully insured postal service such as Australia Post Registered that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. Australia Post Registered automatically includes $100 insurance. Additional fees are payable for full insurance and person-to-person delivery options.
Our courier company fully insures all their deliveries. As stated above, if you require a fully insured service, it must be requested at the time of ordering. Our courier will endeavour to supply you with the product you have ordered from us in the condition that the goods were dispatched. However on occasion goods may be damaged in transit to you. If this occurs, please email us at firstname.lastname@example.org. We will supply you with a replacement product.
Please do not sign for delivery of any damaged products as signature on delivery confirms products were received in good order and therefore voids insurance.
Blue Oxygen Pty Ltd is proud to offer our customers quality products. We will endeavour to supply you with product you have ordered in good condition. However, on occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect. If this occurs please email us at email@example.com. We will supply you with a replacement product.
Limitation of Liability
Information on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose.
While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website.
We reserve the right to amend or supplement the information supplied on this website without prior notice.
Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly.
We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website.
This website and its contents are subject to copyright.
Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents.
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 Blue Oxygen Pty Ltd. 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.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Blue Oxygen Pty Ltd for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Blue Oxygen Pty Ltd, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither 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.
Blue Oxygen Pty Ltd reserves the right to change the Terms and Conditions of sale at any time.
No Blue Oxygen Pty Ltd employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Blue Oxygen Pty Ltd 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 Blue Oxygen Pty Ltd, and Blue Oxygen Pty Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and shall be subject to the non-exclusive jurisdiction of the courts of Queensland.