Legal information and terms

Legal information & Terms of Use

1. Amoena products

1.1 Amoena Australia Pty Ltd, is a company registered in Australia ABN 58 118 791 834 office address 107 Fergie Street, Fitzroy North Victoria 3068.
 
1.2 We welcome your comments on the content of our site and how to improve it. The products shown on this website may not be available in every country and/or may be sold under a different name.  Information on the use of these products may differ from country to country.  We recommend that you first consult an expert and carefully read the instructions for use given for your country.  The information on our internet pages is not a substitute for medical advice and care.  If you have health problems and concerns, always consult an expert.
 
1.3 The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that your computer's display of the products accurately reflects them and your products may vary slightly from those images accordingly. All products on our website are subject to availability.

2. Use of our website

Your use of our site is governed by these Terms and our Privacy Policy. Please take the time to read these, as they include important terms which apply to you. 

3. User account and password

If you wish to access certain services on our website you must first set up an account. You will receive a username and password upon completing our website registration process. You are responsible for maintaining the confidentiality of the password and account, for ensuring that it is not used by anyone else, and for all activities that occur under your password or account. You will be liable and we will not be liable should your password or account be used by someone else.

4. Our order process

4.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
 
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.3 below. 
 
4.3 We will confirm to you our acceptance of your order by sending you an e-mail that confirms that the products have been dispatched (the “Dispatch Confirmation”).  The contract between us will only be formed when we send you the Dispatch Confirmation.
 
4.4 If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.

5. Changes to website content

We are constantly looking for new ways to improve the website and the products and services we provide to you. Please note that we may therefore amend, remove, or supplement parts of the website at any time without prior notice. All such changes will take effect 7 (seven) days after they were initially posted on the website and you will be deemed to have accepted any such changes by your use of the website from such time. 

6. Disclaimer

The content of our website is for information only.  It is not a substitute for professional care and should not be used for diagnosing or treating a health problem.  If you suspect you have a health problem, or are considering trying alternative therapies or treatments, you should first ask your doctor’s advice.

7. If you are a consumer

7.1 This clause 7 only applies if you are a consumer.
 
7.2 If you are a consumer, you may only purchase products from our website if you are at least 18 years old. By accessing the website and/or purchasing products, you represent and warrant that you are at least 18 years old. If you are not at least 18 years old, you may not access the website. Amoena has the right to block or terminate your access to the website in the event that it becomes aware that you are under the age of 18.
 
7.3 We intend to rely upon these Terms and our Privacy Policy in relation to the supply of goods and services between you and us.
 
7.4 As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your state Consumer Affairs office , Trade Practices Act and the Fair Trade Act.. Nothing in these terms will affect your statutory legal rights.

8. If you are a business customer

8.1 This clause 8 only applies if you are a business.
 
8.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
 
8.3 These Terms and our Privacy Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or our Privacy Policy.

9. Copyright and trademark rights

9.1 Our website is protected by copyright. All rights to the design and content of the pages are owned by Amoena Germany. The internet pages that appear on the Amoena Australia website are for general information. If you would like to use any of the information provided, please contact us at Amoena Australia Pty. Ltd., 107 Fergie Street, Fitzroy North, Victoria, 3068. or e-mail us at: au.sales@amoena.com
  
9.2 Please note that the trademarks and other marks on our site (particularly company logos) are legally protected. Use of the trademarks or other marks on this website and/or the other contents of this website does not constitute approval by Amoena or other legal owner for use of those trademarks or other marks by third parties. Use of the photographic material on our internet site is prohibited unless expressly allowed by law. Any illegal use of contents protected by copyright may be pursued under civil and criminal law. Pages may be downloaded purely for private use. Use of protected contents (including trademarks, other marks, etc.) for business or other non-private purposes is prohibited.

9.3 The image material contained on our website is copyrighted by Amoena. The use of this material without the previous approval of Amoena is forbidden unless this use is explicitly allowed by law. For such kind of allowed usage the image material must include the copyright information; the best form would be „© AmoenaMedizin-Orthopädie-Technik GmbH“. You can request approval for a not-allowed-by-law usage especially for commercial purposes by contacting amoena@amoena.com.

Any use of copyright protected images and content against the law or other unauthorized use can lead to consequences under civil and criminal law.

10. Your cancellation and refund rights

10.1 This clause 10 only applies if you are a consumer.
 
10.2 If you are a consumer, you have a legal right to return your order under the Consumer  during the period set out below in clause 10.3 below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to return your order and receive a refund. Advice about your legal right to return your order under the   However, this return right does not apply in the case of any made-to-measure or custom-made products.
 
10.3 If the products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may return, starting from the day you receive the product. You will receive your refund within 14 days after the returned goods have been received by Amoena and checked for original condition, this will be made using your original method of payment.
 
10.4 To return your order, please contact our Customer Service e-mail at au.sales@amoena.com. You may wish to keep a copy of your return notification for your own records.

11. Links

11.1 We take great care to provide detailed, up-to-date information on our web pages, but we do not accept liability for the entire content of the Amoena website.  Our internet site is connected to other websites by links for which Amoena has no responsibility.  We include these links for your convenience only.  Amoena is not liable for their contents - in particular for loss or damage caused by the content of other internet sites. 
 
11.2 You may set up links to our website provided it is clear to users of your site that this is a service by Amoena.  The link must not be designed to give the impression that Amoena is associated with your service - e.g. in the form of sponsoring or other co-operation.  Please comply with the copyright and trademark regulations for any link you establish.  Please contact us in advance if you intend to design the link using our Amoena logo.

12. Liability 

12.1 Please read this section carefully, as it sets out the limitations of our liability to you.
 
12.2 Nothing in these Terms limits or excludes our liability for:
 
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
(d) defective products under the Consumer Protection Act 1987.
 
12.3 We shall only be liable for losses you suffer as a result of us breaking these Terms if the losses are a foreseeable consequence of us breaking the Terms. Losses are unforeseeable where they could not be contemplated by you and us at the time the Terms were entered into by you. We are not responsible for any indirect losses which are not foreseeable by you and us (such as loss or profits and loss of opportunity).
 
12.4 Subject to clause 12.2 and clause 12.3, our total liability to you for all other losses for which we are found to be liable shall in no circumstances exceed 100% of the price of the products you have ordered in the 12 months prior to the event giving rise to the liability.
 
12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, warranty or other similar promise which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

13. Security

13.1 This website has a security system to prevent loss, misuse or alteration of the information.
 
13.2 Whilst we make every effort to ensure that your information is secure on our system, the transmission of information via the internet is not 100% secure and we cannot guarantee the security of your data in transmission to our website. As a result, the security of any information you transmit to us is transmitted at your own risk. Once we have received your information, we will use procedures and security features to prevent unauthorised access to the website.
 
13.2 We do not accept any liability for damage to your computer system or loss of data that results from your use of the website, and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

14. E-Mails

Anything you transmit to us electronically will be considered non-confidential and non-proprietary, whether it is data, suggestions or comments.  Anything you transmit in this way may be used by ourselves and our partners without restriction.  In particular, Amoena may use your ideas, concepts or knowledge without restriction, for example in relation to a product development.

15.  User conduct

15.1 You agree to not access the website to: (a) interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website; (b) intentionally or unintentionally violate any applicable law or regulation; (c) extract, collect, process, combine or store personal data about other users; or (d) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the website.
 
15.2 You agree not to upload, email or otherwise transmit: (a) any content that is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (b) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (c) any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

16.  Termination

You agree that Amoena, in its sole discretion, may terminate your password, account (or any part thereof) and access to the website, for any reason. We may also in our sole discretion and at any time discontinue providing the products, or any part thereof, with or without notice.

17.  Things beyond our reasonable control

17.1 Amoena shall not be liable or responsible for any failure to provide access to this website, to fulfil any product order or perform any of its obligations under these Terms where it is hindered or prevented from so doing by any cause outside its reasonable control, including without limitation by lightning, fire, flood, explosion, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, acts of terrorism, epidemics, malicious damage, failure of any telecommunications or computer system, accident or acts or omissions of others for whom we are not responsible (or by any damage caused by any such events).
 
17.2 If an event beyond Amoena’s reasonable control takes place that affects access to this website, fulfilment of any product order or the performance of our obligations under these Terms, we will contact you as soon as reasonably possible. The performance of our obligations will be suspended during the duration of the event and we shall re-commence the performance of our obligations as soon as is reasonably possible after the event is over.
 
17.3 You may cancel your agreement with us if an event beyond our reasonable control takes place and you no longer want us to deliver the product ordered to you. Clause 10 sets out your cancellation rights.

18. General Information

18.1 These Terms and any additional terms and conditions referred to in them constitute the entire agreement between you and us and govern your use of the website, superseding any prior agreements between you and us.
 
18.2 In the event of any dispute between you and us concerning these Terms, the laws of Australia will apply. If you wish to take court proceedings against us, you must do so within Australia. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall continue to apply.
 
18.2 Neither you nor Amoena may assign or transfer any rights or obligations under these Terms and any additional terms and conditions referred to in them without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of Amoena’s rights and obligations (without your prior consent) to any of its affiliated companies or to a purchaser of Amoena.

19. Contact with Amoena

If you have any questions on the legal aspects of these Terms, or any queries with regard to Amoena, you can contact us here.