1. Introduction
These Terms and Conditions (Terms) govern the use of Philia Labs online store at www.philialabs.com.au, or solutions.philialabs.com.au (Store) and the purchase of goods and/or services from the Store by customers. By using the Store, purchasing any goods and services and/or by clicking your agreement to these Terms, you agree to be bound by these Terms.
2. Definitions
We, us, our, or Philia Labs, refers to Philia Labs Pty Ltd ACN 630 355 421.
You, your or customer refers to the individual or entity that accesses the Store and/or purchases goods from the Store.
goods or products means any goods offered for sale by Philia Labs.
services means any services offered by Philia Labs (for example support and technical assistance)
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
3. Pricing
All prices displayed in the Store are quoted in Australian Dollars. Prices may be subject to change without notice. Unless otherwise stated, the prices displayed include Goods and Services Tax.
4. Trial
If You have qualified for a free trial, postage of the products to you and returns will be covered by us, as long as the goods are returned during the trial period.
5. Payment
We accept the following forms of payment: Visa, Mastercard and bank transfer. By purchasing any goods and/or services from our Store, you agree to pay any and all applicable
charges, including transaction fees and credit card fees. Failure to make payment may result in the cancellation of your purchase.
6. Shipping and Delivery
We aim to dispatch orders within 2 business days of payment of an invoice. Any delivery charges will be paid by the customer and will be displayed on the invoice. Delivery is performed by Australia Post and is subject to their delivery timelines. Title and risk in the goods pass to the Customer upon delivery to the delivery address stated in the customer’s order.
7. Product Descriptions and Availability
We endeavour to provide accurate product descriptions and images in our Store. However, we cannot guarantee that all information is always accurate, complete, or up-to-date. Product availability may vary, and we reserve the right to restrict or refuse sales of any product at our sole discretion.
8. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of a product, and a refund for a major problem with a service, as provided by the Australian Consumer Law. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
9. Returns and Refunds
In accordance with Australian Consumer Law, we will accept returns and provide exchange or refund for products within 30 days from the date of purchase if you have a valid receipt and the products are returned in their original condition and unwashed. We do not accept returns or provide refunds for damaged goods unless they are faulty.
10. Refund and Return Procedure
To initiate a refund, please follow these steps:
a. Contact Customer: Support at [email protected] to inform us of your intent to return the product within 30 days of purchase.
b. Return the Product: Ship the product back to us in its original condition and packaging. We will cover the return shipping costs during the trial period.
c. Processing the Refund: Once we receive and inspect the returned product, we will process your refund to the original payment method. Please allow up to 10 business days for the refund to appear in your account.
11. Liability Limitations
To the maximum extent permitted by law, we will not be responsible in tort, contract or otherwise, including for personal injury or death to any person, and we will not be held liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profit or revenue arising from your use of the Store or purchase of goods or services.
12. Warranties
Some products may be covered by an express warranty provided by the manufacturer or us. This warranty is in addition to your other rights and remedies under Australian Consumer Law and does not limit or replace them. You may be charged a fee for collecting, removing, taking and/or shipping the products from or to you.
13. Intellectual property rights
All intellectual property rights, including copyright and trademarks, in our Store and its contents, and our products and services, are owned by or licensed to us. You are not permitted to reproduce, copy, or use any such intellectual property without our express written permission.
14. Complaints and Dispute Resolution
If you have a complaint or dispute regarding our Store or a product or service , please contact our customer service team at [email protected] or our Whatsapp number +61 427 818 623. We will endeavour to resolve any issues promptly and fairly. In the event that an issue cannot be resolved internally, we may agree to participate in external dispute resolution services.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue to be in full force and effect.
16. Privacy
We place a high priority on the way we manage and secure customer data. We store, manage and process data (including Personally Identifiable Information) in accordance with relevant Australian Federal and State legislation and guidelines and comply with all obligations of the Privacy Act 1988 (Cth) and applicable codes (as defined in that Act). If we become aware that any information (including Confidential Information) that contains personal or sensitive data (as those terms are defined under that Act) is released into the public domain, We will immediately notify you and the relevant state / federal Cyber Response Teams of the details in writing, and : (i) cease using the information; (ii) use our best endeavours to recover any copies of the information; (iii) follow any reasonable direction from You in relation to the impacted information.
17. Governing Law
These Terms are governed by the laws of Victoria, Australia, and you agree to submit to the non- exclusive jurisdiction of the courts in that state or territory.
18. Changes to Terms and Conditions
We reserve the right to modify these Terms at our sole discretion. We will notify you of any material changes to the Terms, which may be posted in the Store, online, or communicated directly to you.
19. Contact Information
For any queries, complaints, or feedback regarding our Store, products, or these Terms, please contact us at: [email protected] or our Whatsapp number +61 427 818 623