In registering for secured online access, applying for a trading account or the supply of services by BioMedica Nutraceuticals Pty Ltd (BioMedica), the customer agrees to abide by the following Terms and Conditions. The only contractual terms which are binding upon BioMedica are those set forth herein or otherwise agreed to in writing by BioMedica and those, if any, which are imposed and which cannot be excluded by law.
Credit Accounts
Standard terms of trade are 30 days from invoice date for customers who qualify for a credit account, unless specified otherwise. Credit limit restrictions apply. Accounts exceeding the granted credit limit will require payment prior to the due date.
Prepaid/Credit Card Accounts
Prepaid accounts require payment of the order prior to the dispatch of goods.
Overdue Credit Accounts
Full payment is required within the specified term. Overdue accounts may be charged interest at a rate of 10% of the outstanding balance per month. Accounts exceeding granted trading terms will be placed on hold and further credit withheld at the discretion of BioMedica. BioMedica reserves the right to recover any additional costs incurred in relation to the collection of any overdue debt. BioMedica reserves the right to impose any restrictions or withdraw credit facilities as it deems fit.
Title of Goods
BioMedica shall retain title to all goods until paid for in full, at which time the goods become the property of the customer.
Change of Ownership
BioMedica requires written notification of any change in the ownership of an account-holder’s business. Arrangement for all monies owing to BioMedica must be made at or prior to time of settlement. Unless such notification is made the customer will be jointly liable with the transferee for any amounts incurred on the customer’s account after the transfer. Accounts are non-transferable; a new account application must be completed by the new business owner and returned to BioMedica for approval prior to placing any orders.
Patient Orders
Orders can be placed through the patient ordering service. Payment must be made prior to the dispatch of goods. Payment methods accepted are Direct Deposit, Cash (in person), MasterCard or Visa.
The patient may only order what they have been prescribed by the practitioner for their own personal use and must not order on behalf of anyone else.
Domestic flat rate shipping within Australia is $7.50 ex GST per order (subject to change).
Deliveries
All orders are dispatched by courier and delivered during normal business hours. While every effort is made to ensure swift delivery BioMedica offers no guarantees of delivery times and strongly recommends that orders be placed in advance to avoid disappointment.
If the complete number of cartons has been signed for as delivered by the courier, BioMedica will not be responsible for claims for missing cartons. In all instances, please check the courier’s consignment note carefully and sign only if all cartons are delivered as described and undamaged.
Alternative delivery arrangements can be organised with customer service staff at the time of ordering. In the case of unsuccessful delivery due to the addressee being unavailable to accept the parcel at the time of delivery, redelivery/redirection fees may be charged to the customer.
Authority to leave without a signature is given at the customer’s own risk; BioMedica is not liable for any loss, damage or theft resulting from goods being left at or near premises at the customer’s request. In all cases the customer agrees to pay for goods that the courier states in writing have been delivered to the address nominated by the customer.
Refrigerated Items
Stock which requires refrigerated storage will not be despatched after midday Friday to avoid the risk of being held up in transit over the weekend. It is the responsibility of the customer to check the invoice for refrigerated items upon receipt of goods and to store them appropriately.
Stock Return/Claims
Claims for credits due to errors in order processing, damaged items, short dated stock, etc. must be made within 5 working days of delivery. The customer is liable to pay BioMedica in full for all products delivered unless BioMedica have been contacted within 5 working days regarding claims/return requests.
Where stock is ordered in error by the customer, a return authorisation must be approved by BioMedica within 5 working days of delivery, prior to the return of goods. Freight for the return of this stock is the responsibility of the customer, as is freight for the delivery of any replacement stock.
Arrangements for the return of stock must be made with our Customer Service/Sales Team at the time of claim notification, prior to the physical return of goods. Goods returned without prior approval by BioMedica may not be credited for and may be disposed of on receipt.
Returns will not be accepted with price tags or markings, if stock is soiled/damaged, if the stock is damaged during return transit due to poor packaging, if stock does not sell prior to best before/expiry date or for stock that is on special sale eg. Clearance Specials.
An adjustment note will be issued once stock has been returned and the claim is assessed and approved by our Accounts department.
Price Guide
Prices valid at time of printing but are subject to change without notice due to circumstances beyond the control of BioMedica such as fluctuations in raw material costs. Refer to invoice for current price.
Monthly Specials (available to practitioners only)
Monthly specials as published in our newsletter and on our website are valid to practitioners only until 11.59pm on the final day of the month.
Your personal information
Generally, we use your personal information in order to carry out our business activities and provide you with the products and services you have requested.
We also engage third parties and commercial partners to provide services on our behalf, including but not limited to processing transactions or delivery service providers. Therefore, we may disclose your personal information to these third parties to assist us in providing products and services you have requested. Those companies will be permitted to obtain only the personal information they need to deliver the service.
For more information, please see our privacy policy.
Compliance With Regulatory Requirements
It is the customer’s responsibility to ensure that in distributing any products they comply with any applicable State and Federal laws, including the Therapeutic Goods Act 1989 and any other law which regulates the public display and sale of goods. BioMedica is not liable for any claim arising from the customer’s failure to observe any law regulating the public display and sale of goods sold by BioMedica.
Patient Product Information/Advice
To ensure that you receive appropriate information and advice which is specific to your personal situation, please contact your practitioner with any queries you have regarding the products and how to use them. BioMedica are unable to offer medical advice under any circumstances.
Disclaimer
To the full extent permitted by law, BioMedica and its staff, employees, contractors or agents, will not in any way be liable for any loss, expense, damage, claim or action, including consequential or economic loss, in connection with or resulting from the customer’s use of the website including the use of information and the reliance on information.
The customer agrees to independently investigate any information provided by BioMedica and to base their use of BioMedica products on sufficient published and relevant scientific and clinical data to satisfy themselves as to the suitability or competence of any product, person or service discussed with or recommended by BioMedica. The customer shall not under any circumstance have any cause of action against or right to claim or recover from BioMedica for, or in respect of, any loss or damage of any kind whatsoever caused directly or indirectly by any defect in material or workmanship of, or any other defect whatsoever in, or unsuitability for any purpose of, the goods or any part thereof, or by default or negligence on the part of BioMedica relating to the supply of or otherwise concerning goods or any part thereon.
Even though all care is taken, BioMedica and its affiliates do not warrant that the website or files available on the website will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements of BioMedica or its affiliates will create any warranty not expressly set forth herein. Your use of the BioMedica website is at your sole risk.
Use of Content
All of the content available on or through the services and/or the site is owned by BioMedica, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give registered customers permission to use the content for educational purposes only. Customers may also print, download, and store articles and other information for their own convenience, but may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the content, or exploit the content for commercial gain.
Trademarks
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, BioMedica. No right, license or interest to such trademarks is granted by this agreement. The customer acknowledges and agrees that BioMedica owns all intellectual property rights in the website. Nothing in these Terms constitutes a transfer of any intellectual property rights.
Linking To This Website
The customer must obtain permission from BioMedica to put a text link on their website that links back to this website. BioMedica reserves the right to revoke permission to the link at any time in our sole discretion. If consent is revoked, you agree to immediately remove and disable any and all of your links to the site. In the absence of a written agreement with us specifying how you may link to the site, contact us for guidelines on how you should display the link.
International Use
Information on this website complies with Australian government regulations. BioMedica make no representation that the information on this site complies with regulations outside Australia. If you choose to access the site from a location outside Australia you do so on your own initiative and you are responsible for compliance with local laws.
Jurisdiction
The customer acknowledges and agrees that this agreement shall be governed by the laws of New South Wales, and the laws of the Commonwealth of Australia which are in force in New South Wales. The customer acknowledges and agrees that any contract for the supply of goods or services between BioMedica and the customer is formed at the address of BioMedica. The parties to this agreement submit to the non-exclusive jurisdiction of the courts of New South Wales and the relevant federal courts and courts competent to hear appeals from those courts.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
BioMedica Nutraceuticals
BioMedica Nutraceuticals is an Australian owned company and website. Our trading address is Unit 14, 34-36 Ralph Street, Alexandria, NSW, 2015, Australia, and can be contacted on 02 8339 0539.
