TERMS AND CONDITIONS APPLICABLE TO PURCHASES OF HEALY WORLD PRODUCTS
These Terms and Conditions govern the purchase of Healy products made on the official website at www.healyworld.net (the “Website”) operated by Healy World Australia Pty Ltd (“Healy World”). They constitute a legally binding agreement between (i) a purchaser of Healy World products for purposes which are outside his trade, business, craft or profession (hereinafter referred to as “Customer”) and (ii) Healy World as corporation legally established and existing under the laws of Australia having its registered address and principal place of business at Level 16, 201, Elizabeth St, Sydney, NSW, 2000.
By placing an order for a Healy product, you express your unconditional consent to be bound by these Terms and Conditions.
For the purpose of these Terms and Conditions, the following definitions shall apply:
Customer: A Customer who purchases HEALY WORLD products and does not engage in building a business or retailing product
HEALY WORLD Products: All goods and services provided by HEALY WORLD to IHWMs.
Independent Healy World Member: An individual who purchases product, generates retail sales and business building Bonuses (including those with different ranks, levels, titles, or paid as titles obtained per the Compensation Plan)
Right of Cancellation: The right of a Customer to withdraw from a Purchases contract concluded with Healy as set out in these Terms and Conditions.
Purchase Contract: Any contract under which Healy transfers or undertakes to transfer the ownership of a product to the Customer and the Customer pays or undertakes to pay the price thereof, including any contract having as its object both products and services.
Website: A virtual place of business Healy World established to transact goods and services by using information and communications facilities such as computers in order to provide Customers with such goods and services.
2.1 A Customer shall make a purchase order on the Website in the manner set forth below or otherwise in a similar manner, and Healy shall provide the description for each of the following items in a way that promotes such Customer’s easy understanding: (a) search and choose a product; (b) enter the recipient’s name, address, phone number, and email address (or mobile phone number); (c) confirm the content of the terms and conditions, services that the Right of Cancellation may not be exercised against and fees payable by such Customer such as delivery or installation fees; (d) accept these Terms and Conditions and manifest the confirmation or rejection of the items listed in (c) above; (e) confirm the purchase order and consent to the confirmation of the purchase order by Healy World; and (f) choose a payment method.
2.2 Upon Healy World’s acceptance of a product order placed by a Customer, a legally binding Purchase contract between the Customer and Healy World, comes into effect.
2.3 A product order shall be deemed accepted by Healy World upon either (a) the written acceptance of the order, which may be expressed via any means permitted by applicable law, by Healy World, or (b) the shipment of the product, which is subject of the order, by Healy.
2.4 Healy World makes all reasonable efforts to provide a specific, clear and detailed description of the properties, price, and availability of any product offered by Healy World.
2.5 All product prices displayed in the official Healy World literature and on the official Healy World website are inclusive of applicable tax.
2.6 Healy World reserves the full right to cancel a product order without compensation, if exceptionally and despite Healy World’s best efforts the product, which is subject of the order, is displayed in the official Healy World literature or on the official Healy World website with an incorrect price.
Payment on a product order shall be received at the time of ordering. Unless full payment has been received, Healy World will not start processing delivery of a product order.
4.1 A product order is delivered to the address the Customer has communicated to Healy World.
4.2 Healy World makes all reasonable efforts to provide delivery of any product order no later than 30 calendar days from the day of conclusion of the Purchases contract. Any other time referred to by Healy World for delivery shall be deemed as a not binding estimate only.
4.3 Healy World is not liable for any loss, of whatsoever kind, resulting either directly or indirectly from Healy World’s failure to meet any estimated time of delivery.
4.4 Healy World reserves the right not to refund any delivery fees paid by the Customer if the Customer thereafter wishes to change the mode of delivery to a lower-priced delivery option or to self-pickup or to a new delivery address which cost is lower after after the delivery fee is paid and the delivery is initiated. Healy World also reserves the right to demand for any additional delivery charges incurred if the Customer thereafter wishes to change the address provided earlier or to change the mode of delivery to a higher priced delivery option.
4.4 Healy World reserves the full right to deliver a product order or any part thereof in advance of the estimated delivery date.
4.5 The risk of loss of or damage to the product, which is the subject of an order, shall pass to the Customer (a) when the Customer or a third party indicated by the Customer and other than the carrier has acquired the physical possession of the product; or (b) upon delivery of the product to the carrier if the carrier was commissioned by the Customer to carry the product and that choice was not offered by Healy World, without prejudice to the rights of the Customer against the carrier.
4.6 Notwithstanding any limitations on delivery and/or the passing of risk, Healy World shall retain property in and title to any product until Healy World has received full payment for all products, which are subject of an order.
5.1 Healy World’s liability against the Customer for any direct damage is limited to the invoice amount of the product order, except for damages related with hidden defects of the product, loss of life or bodily injury of the Customer, or in case of intent and/or gross negligence on the part of Healy World.
5.2 Healy World bears no responsibility for any damage resulting from incorrect use of the product by the Customer.
5.3 Healy World bears no responsibility for loss of life or bodily injury due to pre-existing medical conditions of the Customer.
6. RIGHT OF CANCELLATION
6.1 The Customer has the full right to withdraw from the Purchase Contract concluded with Healy World, without stating any reason, within ten (10) business days. Additionally, Customer is entitled to cancel the contract within three (3) or six (6) months (hereinafter referred to as “the Period”) where certain of the requirements under the Australian Customer Protection Law are not complied with. These termination rights are in addition to any rights to terminate under the terms of the contract and cannot be contracted out of.
6.2 The withdrawal period set forth in section 6.1 expires after the Period from the date on which the Customer received a copy of the Purchases Contract. If a copy of the Purchases Contract was received later than the date of delivery, then the withdrawal period set forth in section 6.1 expires after the Period from such date of delivery. For the purpose of this section 6.2, the date of delivery shall mean: (a) the day on which
the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the product, or (b) in the case of multiple products ordered by the Customer in one order and delivered separately, the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last product, or (c) in the case of delivery of a product consisting of multiple lots or pieces, the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last lot or piece.
6.3 For the purpose to exercise his/her Right of Cancellation the Customer can use the Model Withdrawal Form available on the official Healy website.
6.4 If a Customer has used or consumed the product that would be returned after the exercise of the Right of Cancellation, Healy World may invoice the following amounts
to the Customer:- (a) The amount required to supply a consumable part if the returned product may not be resold or the repurchase price is significantly decreased because of the Customer’s use of the returned product; and(b) The amount paid for supplying a consumed part of the returned product if the returned product consists of several equal parts.
6.5 During the Period set forth in section 6.2 and, in any case, until the Customer sends the product back to Healy World , the Customer is obliged to handle the product and the packaging with care. The Customer may only unpack, utilize and inspect the product to the extent that is necessary to establish the nature, the characteristics and the functioning of the product.
6.6 The Customer is liable for depreciation of the product that is the result of a way of handling the product that goes beyond allowed in section 6.6.
6.7 To the extent that may be applicable, the Right of Cancellation does not apply to:
(a) The product is damaged or destroyed for a reason attributable to a Customer;
(b) The value of the product has been significantly diminished due to the Customer’s
use or consumption of the product or service;
(c) The value of the product has been significantly diminished due to the time elapsed;
(d) The product is a type of products that may be reproduced, and the packaging of the product returned is damaged; and
(e) the product was produced specially in accordance with the Customer’s order, Healy World is likely to sustain a severe and irrecoverable loss if the Customer is allowed to withdraw or cancel the relevant contract (hereinafter referred to as “withdrawal of subscription, etc.”); and Healy World has separately informed the Customer thereof with regard to the relevant transaction and obtained the Customer’s written consent thereto.
Notwithstanding the foregoing or anything else to the contrary in these Terms and Conditions, paragraphs (b)~(d) shall not apply and the Customer may exercise the Right of Cancellation if Healy World has not provided the fact that the Customer may not withdraw in the packaging or otherwise in a manner that clearly visible to the Customer or has not taken a measure such as providing a sample product.
(a) A sealed product which is not suitable for return due to health protection or hygiene reasons and the seal of which is broken after delivery,
(b) A product which is not prefabricated, but manufactured according to the Customer’s specifications on the basis of an individual choice or decision of the Customer, or which is clearly intended for a specific person, and
(c) A digital content which is not supplied on a tangible medium, but only if the performance has begun with the Customer’s prior express consent and the Customer’s acknowledgment that the Customer thereby loses the Right of Cancellation.
6.8 Notwithstanding the foregoing or anything else to the contrary in these Terms and Conditions, if a product or service is different from what has been labeled or advertised or the content of the Purchase Contract, a Customer may exercise the Right of Cancellation within three (3) months after such product or service was delivered or within thirty (30) days after the date when the Customer became aware thereof or had a reason to be aware thereof.
6.9 In the event that there was payment (e.g bonus) paid in advance to the Customer prior to the cancellation/withdrawal from the Purchase Contract , Healy World has the absolute right to demand for the full/partly refund of the amount paid and/or to deduct the amount from any amount due and payable to the Customer by Healy World.
7. HEALY CUSTOMER SATISFACTION GUARANTEE
7.1 Healy World’s products come with guarantees that cannot be excluded under Australian Customer Laws or other relevant laws and IHWM are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
7.2 Healy World provides a satisfaction guarantee in respect of Healy World products, which is available at www.healyworld.net.
7.3 For defective and damaged products, please refer to Healy World Return Policy For Defective or Damaged Products
7.4 The Healy Customer Satisfaction Guarantee (“HCSG”) supplements the Consumer’s statutory rights as provided by Law and in no way affects any of these rights.
7.5 Healy World reserves the full right to abrogate the HCSG or modify its terms, in whole or in part, from time to time, to the extend permissible under the Law , by providing notice of such changes in the official Healy World literature, or on the official Healy website, or by any other mechanism permitted under the Law.
8. COMPLAINTS AND DISPUTES
The Customer may address to Healy World any complaint in connection with a Purchases contract, which is subject to these Terms and Conditions, by using the contact details set forth in section 11.
9. APPLICABLE LAW
9.1 The formation, construction, interpretation, and enforceability of a Purchase contract between Healy World and a Customer, which is subject to these Terms and Conditions, and all claims arising from or relating to such a contract is governed by the laws of Australia and the exclusive venue for any dispute arising herein, shall be in Sydney, Australia.
9.2 Nothing in these Terms and Conditions shall prejudice the rights of a Customer according to mandatory provisions of the applicable law.
If one or more provisions of these Terms and Conditions are or become invalid or void, the remaining provisions of these Terms and Conditions are not thereby affected, but remain in full force and effect.
11. CONTACT DETAILS
Registered address: Level 16, 201, Elizabeth St, Sydney, NSW, 2000, Australia.
Availability: Monday to Friday from: 9 am – 5 pm
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