TERMS AND CONDITIONS

DR MARK’S HYGENIE (DMH) TERMS and CONDITIONS OF SALE

Thank you for shopping at DMH. As with any online shopping experience, there are terms and conditions that apply to your purchase of our products. By placing an order or making a purchase using our e-commerce platform, you understand and you agree that you are entering into an electronic transaction in accordance with and subject to:

You further agree to receive electronically all documents, as applicable, to your nominated email address.

If you do not accept and agree to these Terms and Policies then you should leave this site.

YOUR STATUTORY CONSUMER LAW RIGHTS ARE PROTECTED

Our products come with guarantees that cannot be excluded or modified under Australian consumer law (“ACL”). You are entitled to a repair, replacement, or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.

STANDARD RETURN POLICY

We acknowledge that sometimes a product may not be what you expected it to be. In that event, we invite you to review the following terms related to returning a product.

Please note there may be limitations on your right to return and obtain a refund for products, however these limits will always be subject to your statutory rights.

For any undamaged product, simply return it with its included accessories and original packaging along with the original receipt provided at the point of sale within 14 days of the date you receive the product and we’ll exchange it or offer a refund based upon the original payment method. However, please note that we will only remit refunds to an Australian bank account where the name of the bank account holder matches the payor’s name/information. Please also note that we only remit refunds domestically and cannot remit refunds outside of Australia. In addition, please note the following:

DEFECTS IN PRODUCTS

If there is a defect in one of our products, we shall, at our option: (1) repair the product at no charge using new parts or parts that are equivalent to new in performance and reliability, (2) replace the product with a product of equivalent functionality formed from new and/or previously used parts that are equivalent to new in performance and reliability or, with your consent, with a product that is at least functionally equivalent to the product it replaces, or (3) refund the original purchase price.

For the purposes of these Terms, normal depletion of consumable parts is not a defect unless it has occurred due to a defect in materials or workmanship. Likewise, defects resulting from abuse, accident, modifications, unauthorised repairs or other causes that are not defects in materials and workmanship are not covered by these Terms.

In no event shall DMH be liable for (a) loss or damage, which as of the product’s purchase cannot be regarded as being caused by DMH’s breach of these Terms; or (b) losses caused by the user’s fault, or loss of profits or benefits.

Any limitations of liability in these Terms shall not apply to (i) death or personal injury pursuant to any mandatory law on product liability; (ii) fraud or fraudulent misrepresentation; (iii) intentional misconduct or gross negligence; (iv) or a culpable breach of major contractual obligations. A damage claim based on a breach of major contractual obligations or gross negligence will be limited to foreseeable damage typical for the sale contract concerned.

IMPORTANT RESTRICTIONS for SERVICE

DMH will provide warranty service through one or more of the following options:

(i) Carry-in service. You may return your Product to DMH or a DMH Authorised Service Provider (“ASP”) location offering carry-in service if and where available in your country.

(ii) Mail-in service. If DMH determines that your Product is eligible for mail-in service, DMH will send you prepaid waybills and applicable packaging material, so that you may ship your Product to a DMH Repair Service (“RS”) or ASP location. DMH will pay for shipping to and from your location if instructions regarding the method of packaging and shipping the Product are followed. Contact DMH at: customercare@drmarkshyenie.com to request mail-in service eligibility.

(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Product. If DIY parts service is available in the circumstances, the following process will apply. Contact DMH on customercare@drmarkshyenie.com to request DIY parts service eligibility.

(a) Service where DMH requires return of the replaced Product or part. DMH may require a credit card authorisation as security for the retail price of the replacement Product or part and applicable shipping costs. If you are unable to provide credit card authorisation, DIY parts service may not be available to you and DMH will offer alternative arrangements for service. DMH will ship a replacement Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Product or part. If you follow the instructions, DMH will cancel the credit card authorisation, so you will not be charged for the Product or part and shipping to and from your location. If you fail to return the replaced Product or part as instructed or return a replaced Product or part that is ineligible for service, DMH will charge your credit card for the authorised amount.

(b) Service where DMH does not require return of the replaced Product or part. DMH will ship you free of charge a replacement Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Product or part.

(c) DMH is not responsible for any labour costs you incur relating to DIY parts service. Should you require further assistance, contact DMH at the telephone number listed below or at: customercare@drmarkshyenie.com.

Service options, parts availability and response times may vary in different countries. If you require service in a country where DMH does not maintain a Retail Store or DMH Authorized Service Provider (“ASP”), service options may be limited. For advice on current “ASP” in your area, contact us on: customercare@drmarkshyenie.com. If service option is not available for the Product in such country, DMH or its agents shall notify you about any additional shipping and handling charges which may apply before rendering service. Where international service is available, DMH may repair or replace Products and parts with comparable Product and parts that comply with local standards.

If any term is held to be illegal or unenforceable, it shall be severed from these Terms and the legality or enforceability of the remaining terms shall not be affected.

This warranty is governed by and construed under the laws of the country in which the product purchase took place.

Customer Care telephone number: +61 2 9415 6888 (Sydney, Australia).

PRICING and PRICE REDUCTIONS / CORRECTIONS

DMH reserves the right to change prices for products displayed on our e-commerce platform at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and GST is available on the Dr Mark’s HyGenie or HyGenie SPORT product pages.

Should DMH reduce its price on any DMH -branded product within 14 calendar days from the date you receive your product, feel free to visit an DMH Retail Store or contact the DMH Contact Centre at customercare@drmarkshyenie.com to request a refund or credit of the difference between the price you were charged and the current selling price. To receive the refund or credit you must contact DMH within 14 calendar days of the price change. Please note that this excludes limited-time price reductions, such as those that occur during special sales events.

Price protection is only available for up to 10 units of a particular product. Additionally, we may require that you have the product with you or otherwise have proof of possession when requesting price protection.

Prices shown are in Australian dollars, including applicable taxes. If you are paying for your order with an international Visa, MasterCard, or American Express credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees.

ORDER ACCEPTANCE and CONFIRMATION

DMH may, in its sole discretion, refuse or cancel any order and limit order quantity. DMH may also require additional qualifying information prior to accepting or processing any order. Once we receive your Online or Call Centre order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify DMH’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. DMH reserves the right at any time after receiving your order to accept or decline your order for any reason. If DMH cancels an order after you have already been billed, DMH will refund the billed amount.

SHIPPING & DELIVERY

For questions and information about shipping and delivery prior to making an online purchase please contact: customercare@drmarkshygenie.com. To learn about how and when you will receive the products you have purchased from the DMH store, please refer to your purchase confirmations sent to your nominated email address by DMH and or the shipper.

Since the actual delivery of your order can be impacted by many events beyond DMH’s control once it leaves our facilities, DMH cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery.

As DMH takes care of the dispatch of the products you purchase on the DMH Store, the risk of loss of, or damage to, product(s) shall pass to you when you, or a person designated by you, acquires physical possession of the product(s). Title in the product(s) shall pass to you when the product(s) is picked up by the carrier from our warehouse. At this point, you will receive the Shipment Notification Email. If there are any issues with delivery, please contact DMH on customercare@drmarkshyenie.com to resolve.

IN STORE PICK UP and RETURN

Where available, DMH offers in-store pickup for many of the items available on the Online Store. Certain products and payment methods, however, may not qualify for in-store pickup. Only you or the person designated by you may pick up the item(s) purchased. A government-issued photo ID and order number will be required for pickup. DMH will notify you when your order is ready and the date by which you need to pick up your items. We’ll also send you reminder or two, just in case it slips your mind. If you don’t pick up your order, DMH may cancel it. Please contact: customercare@drmarkshygenie.com to find out if in-store pick up is available for your purchase.

PICK UP CONTACT

If you select in-store pickup, you may designate a third party to pick up your order. You must provide the name and email address of the third party. Please note that certain products and payment methods are not eligible for in-store pickup by a third party. The third party will need to bring a government issued photo ID and order number for pickup. DMH is not responsible for actions taken by the third party once your item(s) have been picked up.

INTERNATIONAL SHIPPING

Products purchased online from DMH can be shipped worldwide and may be subject to foreign export control laws, regulations, duties and or tarrifs. Products must be purchased, sold, exported, re-exported, transferred, and used in compliance with these export laws and regulations. We do not ship to freight forwarders for resale purposes.

PRODUCT AVAILABILITY LIMITATIONS

Given the popularity and/or supply constraints of some of our products, DMH may have to limit the number of products available for purchase. Trust us, we’re building them as fast as we can. DMH reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when DMH confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product you ordered, DMH will cancel the order and refund your purchase price in full.

DATA PROTECTION

By placing your Order, you agree that we may store, process and use data collected from your Order Form as set out in our Privacy Policy. You also agree that we may transfer such data to other companies in the DMH group of companies. 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.