Terms of Sale

Coloplast Pty Ltd
(ACN 054 949 692) 

1. Terms of Service

a. These terms of sale ("Terms") apply whenever Coloplast Pty Ltd (ABN 57 054 949 692) (“Coloplast”, " we", "us", "our") supplies any products or goods ("Products") to any person or entity ("Customer", "you"), unless expressly agreed otherwise in writing.

b. You may purchase Products via our webstore or by contacting us by phone on 1800 316 651 ("the Service"). We agree to sell and you agree to purchase the Products contained in a purchase order issued by you and accepted by us in the course of using the Service.

c. By requesting the supply of Products from Coloplast, you acknowledge and agree to these Terms. By checking the "I accept the terms of sale" checkbox on our website at www.coloplastcaredirect.com.au ("Website ") or by purchasing any Products through the Service, you agree to be bound by these Terms, and any other terms of sale that are incorporated herein by reference. These Terms may be varied by us from time to time. All changes will be effective immediately and apply to all Products and the use of the Service thereafter.

2. Description of the Service

a. The Service allows you to place orders for our Products online or by phone.

b. You can access the Service 24 hours a day, 7 days a week.

c. For any queries related to the Service, you can contact Coloplast Care Direct by phone on 1800 316 651 (during the hours 8:30 am to 6
:00 pm Monday to Thursday and 8:30 am - 4:00 pm on Friday AEST), by facsimile at +61 3 9541 1155 or by email at aucaredirect@coloplast.com. During these hours, we can process any orders for Products.

d. We reserve the right to withdraw, discontinue, modify or amend the Service, (or any part or content thereof), in our sole discretion and without notice at any time. We shall not be liable if for any reason all or any part of the Service is unavailable at any time or for any period, or for any modification, suspension or discontinuance of any part of the Service. We may also restrict access to some parts of the Service, or the entire Service.

3. Order

a. All orders for Products should state the name of the product, code number, quantities and preferred delivery dates.

b. You may submit an order for Products using the Service. An order will be a binding request to purchase the Products set forth in the order and will only become a legally binding sales contract between Coloplast and the Customer when Coloplast provides written acceptance of the order to you ( "Order Confirmation").

c. We will process your order as soon as reasonably possible. The standard processing time is normally one (1) business day from the date the order was originally placed but this may vary from time to time.

d. Occasionally, information provided relating to the Products available in the Service may contain inaccuracies or errors (including but not limited to product descriptions, pricing, product availability and delivery times). We reserve the right to correct any errors and to change, or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

e. Please note that as we only deliver to addresses within Australia, the Products made available via the Service may only be purchased provided you have a delivery address in Australia.

4. Delivery , Risk and Title

a. Please note that we only ship to Australian addresses using a delivery service provider that we deem appropriate.

b. All orders will be shipped in discreet packaging with free express shipping Australia-wide from our warehoused located in the west of Melbourne. .

c. We will do our best to dispatch any order received by 11 am, on the same day. Otherwise, we will dispatch all orders within one (1) business day from the date of the Order Confirmation. We will provide you with notification of dispatch and tracking details in connection with the dispatch.

d. Delivery times cannot be guaranteed and will vary depending on your delivery address as it may be affected by factors beyond our control.

e. You may be asked to provide your mobile number when you place an order with us so that the delivery service provider (i.e. a driver) can make contact with you to deliver your order.

f. Once you have received the Products contained within your first order, we may reach out to you via telephone to welcome you to our service and seek your feedback on your first experience with us.

g. To the extent permitted by law, we will not be liable for any delay in delivery, any lost or undelivered order caused by a third-party service provider, incorrect information provided by you or otherwise for a delay in the delivery of your order.

h. You agree to provide current, complete and accurate purchase information for all purchases made by you using the Service, including the correct postal address.

i. Risk in the Products passes to you immediately upon delivery and delivery shall be deemed to have taken place on delivery to the address you provided when placing your order ("Delivery Address"), upon leaving the Products at the place of delivery if you have given permission to leave the goods unattended, or in leaving the order with another person at the Delivery Address if you are not there.

j. To the extent permitted by law, when the order is delivered, we shall not be liable for any refund or replacement in respect of the order unless as required by the Australian Consumer Law, or otherwise agreed between the parties.

k. The title in the Products shall not pass from us until you have paid for the Products in full.

l. If your order contains a dangerous good, it will need to be sent via an 'express road service' which will be free of charge, and delivery times may vary depending on your delivery address.

m. The following items available for order via the webstore are considered a 'dangerous good':

n. For the most up-to-date delivery timeframes, you will be able to track your order using Coloplast’s Advanced Shipping Notice, which will be sent to the email address registered on your account once the order has been shipped. Alternatively, you can reach out to our Customer Service Team directly on 1800 673 317 (free call) or email auorders@coloplast.com if you have any specific questions regarding tracking your order.

o. If you have requested samples as part of your order, please be aware that one of our Continence Care Advisors may call you to ensure that the samples requested are the most appropriate solution to meet your continence needs. If your sample request is approved, you will receive a separate package containing your approved samples requested to your nominated delivery address. We will do our best to dispatch any approved sample requested received by 2:00 pm, on the same day as it is confirmed over the phone. Otherwise, we will dispatch all approved sample requests within one (1) business day of confirming your request. All sample requests will be shipped with free delivery and in discreet packaging, from our Coloplast Headquarters located in the South-East of Melbourne. Delivery times will vary depending on your delivery address and may be affected by factors beyond our control.

5. Payment and pricing

a. Payment for Products may be made by credit or debit cards (including Visa and Mastercard) or as instructed when using the Service.

b. The price for Products shall be in accordance with the price displayed on the Service at the time of purchase with the addition of any delivery fees as set forth at checkout (if applicable).

c. We may update the prices from time to time at our sole discretion. Any update in prices shall be binding as soon as published on the Service.

d. You must make payment in accordance with the payment instructions on the Service. Full payment of all fees must be made by you and received by us before we will deliver the Products. We reserve our rights to hold delivery of ordered Products or cancel an order for any order that has not received full payment.

e. Payment with NDIA Managed Funds

You may use NDIS funding to purchase the Products, however in order to do so, you must have an approved NDIS plan with funding allocated for continence products. If your NDIS plan is managed by the NDIA, you will need to provide us with your NDIS Reference Number on the 'Checkout' page. We will input this NDIS Reference Number into the NDIS Provider Portal to search for the applicable budget allocation available for you to order continence consumables. If there is a budget allocation available for such continence consumables, we will submit a payment request to the NDIS for the order amount of the Products. We will contact you if we encounter any difficulties with your NDIA Managed funds (for example, where we find that there is no budget allocation). If your order fits within an existing service booking that you have with us, then no further action will be required and we will process your order as usual, unless we have any questions.

f. Payment with Service Provider Managed Funds

If a service provider is managing your NDIS funds (i.e. a plan manager is appointed) on your behalf and we do not have an existing service booking from you in our system, we will contact your service provider plan manager to process your order after having received your consent to do so. We will also require the billing details of your service provider plan manager to process the order. Subject to your express approval, we can set up a 30-day account for you to purchase the Products you require and invoice your service provider directly. If we run into any issues with extending credit to your service provider, we will contact you as soon as practicable to discuss your options. If your order fits within an existing service booking that you have with us, then no further action will be required and we will process your order as usual, unless we have any questions.  

g. Payment with Self-Managed Funds/your own funds

If you are managing your own NDIS or CAPS funds, or paying for your order "out-of-pocket", you can process and pay for your order online through the Website. When you are paying "out-of-pocket", you may use a credit or debit card (including Visa and Mastercard). When using a debit or credit card, you have the option at the 'Checkout' page to save your card details to your account for an easy, fast and secure checkout for the next time you place an order. If you are self-managed, you may wish to pay out of pocket using your debit or credit card. Please contact our Coloplast Care Direct team by phone on 1800 316 651 (during the hours 8:30 am to 6:00 pm Monday to Thursday and 8:30 am - 4:00 pm on Friday AEST) or by email at aucaredirect@coloplast.com if you require a quote from us to submit to the NDIA to be reimbursed in advance of payment to us.

h.  

i. From time to time, we may offer promotions or discounts. Please note that any promotions or discounts offered are not available in conjunction with any other offer. Promotions and discounts are available for the stated time, and if no time period is stated, promotions and discounts are available for seven (7) days from the date the offer was first made, or until stocks last (whichever occurs first). Unless otherwise stated in our offer, promotions and discounts are available on full-priced Products only. Promotions and discounts are made in our absolute discretion and we reserve the right to revoke any promotion or discount offer at any time without notice.  

j. From time to time, we may issue you with a store credit at our absolute discretion. Any store credit will be subject to these Terms and may be redeemed by you at any time. For any queries relating to store credit, please contact our Coloplast Care Direct team by phone on 1800 316 651 (during the hours 8:30 am to 6:00 pm Monday to Thursday and 8:30 am - 4:00 pm on Friday AEST), by facsimile at +61 3 9541 1155 or by email at aucaredirect@coloplast.com.

k. The Service may include opportunities for you to benefit from greater discounts by committing to a subscription service. Please contact our Consumer Care Team (using the contact details provided above) for full details of the available subscription services.  

l. You may opt-in and consent to our Coloplast Care Direct out-of-pocket payment, easy re-order service where you receive a text message reminder prior to your next re-order for Products. This text message reminder will prompt you to visit the Website login page to complete your next order. Please contact our Coloplast Care Direct team by phone on 1800 316 651 (during the hours 8:30 am to 6:00 pm Monday to Thursday and 8:30 am - 4:00 pm on Friday AEST), by facsimile at +61 3 9541 1155 or by email at aucaredirect@coloplast.com if you wish to opt-in to this re-order service. 

6. NDIS Funding/Paying with Service Provider Managed Funds

a. We have a range of Products that may be funded by the National Disability Insurance Scheme ("NDIS"). Coloplast is a registered NDIS Provider. If you are eligible to use NDIS funding for the purchase of our Products (i.e. you have an accepted funding schedule covering the Products, or an approved quote that covers the amount of Products planned for), please contact Coloplast Care Direct by phone (free call) on 1800 316 651 (during the hours 8:30 am to 6:00 pm Monday to Thursday and 8:30 am - 4:00 pm on Friday AEST), by facsimile at +61 3 9541 1155 or by email at aucaredirect@coloplast.com who will guide you through the ordering process smoothly. If you are unsure whether you are eligible to use NDIS funding for the purchase of our Products, we recommend you discuss this with your NDIS Plan Manager. You acknowledge and agree that we take no responsibility for and shall not be liable for any difficulties in processing your NDIS payment.

b. If a service provider is managing NDIS funds on your behalf, you can provide us with their billing details and we can set up an account to invoice your service provider directly, subject to approval. If there is an issue with extending credit to your service provider, we will contact you as soon as reasonably practicable to discuss your payment options.  

7. Coloplast Care Direct™ NDIS Safety Net

a. We have a personalised NDIS service ( "Coloplast Care Direct™ NDIS Safety Net") for eligible customers who have access to NDIS funds and can use such funds to purchase our Products.

b. The Coloplast Care Direct™ NDIS Safety Net is only available to customers who purchase our Products directly through the Service (and not through a third-party distributor of our Products).

c.

d. The Coloplast Care Direct™ NDIS Safety Net provides:

i. development of a complimentary plan to help customers build and understand their usage throughout the year;

ii. regular check-ins with customers intended to assist customers in ensuring their NDIS spending is staying on track; and

iii. one (1) month of guaranteed supply of the relevant Products if a customer does not have the NDIS funds for that supply (where a customer has a minimum spend of $500.00 during the preceding 6 month period, we will provide the one (1) month of Products at no charge where this customer is participating in the Coloplast Care Direct™ NDIS Safety Net program). The one (1) month of products available in this subclause is based on previous customer usage and is limited to products purchased in the preceding 6-month period. Free supply is only available once during an individual NDIS Plan period.

8. Returns, Refunds and guarantees  

a. If we are unable to deliver the whole of an order at one time due to operational reasons or a shortage of stock, we will deliver the order in instalments. Each instalment shall constitute a separate contract. If for any reason we are unable to deliver your order in a reasonable time (as determined by us), and you have already paid for the Products, we will provide you with a refund without unreasonable delay.

b. Any refunds granted by us (or where we are required to provide you with a refund) will be repaid via the same method that you used to complete the purchase.

c. In addition to any rights you have under the Australian Consumer Law("ACL"), we have a returns & refund policy ("Policy"). The Policy does not limit your rights under the ACL in any way.  

d. Our Policy provides that:  

i. if you are not completely satisfied with our Products and they remain unopened and undamaged, you may return these Products or request a replacement within the first thirty (30) days of receiving the delivered Products. You will be responsible for any postage fees associated with returning the Products.

ii. To initiate a return request with us, please email us at aucaredirect@coloplast.com or by calling us on 1800 653 317.

iii. We will accept any unused and unopened goods in their original packaging for an exchange, credit note or refund.

iv. If you have opened the outerbox of a Product or have partially used part of the Products, please contact us in any event to determine whether there is a possibility of return or replacement. We have absolute discretion to accept a return or provide a replacement in this circumstance.

v. Where you request a return in accordance with this Policy, please note that you are required to inform us of the reason that you wish to return the Product (i.e. change of mind, incorrect size, any fault with the Products from the date of delivery).

vi. Where we accept a return request, we will register this and provide you with a reply-paid shipping label (either electronically or by post) so that you can return your order to us at no additional cost to you. Alternatively, we may arrange for the collection of the Products.

vii. Where an exchange request has been approved, the exchanged goods will be sent directly to you, free of charge using express shipping.

viii. We want you to have a positive experience with us and our Products. If you have any cause for concern, or you wish to make a claim in relation to the Products or the Service, please contact our Coloplast Care Direct team on 1800 316 651 (during the hours 8:30 am to 6:00 pm Monday to Thursday and 8:30 am - 4:00 pm on Friday AEST), by facsimile at +61 3 9541 1155 or by email ataucaredirect@coloplast.com.  

ix. Where our products are possibly defective, please contact us and return such Products in accordance with the process outlined above in this clause 8(d).  

e. You have certain rights and guarantees as a consumer under the ACL which cannot be excluded by contract. Nothing in these Terms shall therefore exclude such rights to the extent permitted by law.

f. To the extent permitted by law, we will not pay for damages or losses incurred by you in relation to the Products where such damages incurred or loss suffered occurred:

i. was not caused by us and which we could not have reasonably foreseen; and/or

ii. was related to any third-party conduct that was independent of us and outside of our control (including after dispatch).

g. To the extent permitted by law, we may provide the following remedies:

i. replacing the defective Products or supply equivalent Products; or

ii. pay the cost of replacing the Products or acquiring equivalent Products.

h. You should inform us of any claim regarding defective Products as soon as possible by contacting our Coloplast Care Direct team by email at aucaredirect@coloplast.com.

9. Coloplast Care Direct Supply Guarantee

a. If you purchased our Products directly through the Service (and not via a third-party distributor), you are eligible for our Coloplast Care Direct™ Supply Guarantee.

b. Under this Coloplast Care Direct™ Supply Guarantee, you are eligible to receive:

i. a free alternative Coloplast Product where possible if your preferred Coloplast Product choice is temporarily unavailable ("Free Alternative Product"). The Free Alternative Product:

1. is available to Customers who have repeat purchases with Coloplast over a 6-month period;

2. will only be Coloplast Products (alternative manufacturer brands are not available under this guarantee); and

3. will include a maximum 2 months' supply of Products, based on the Customer's existing ordering patterns; and

4. is only accessible until the temporarily unavailable Products are back in stock.

ii. free access to our Coloplast Care Clinical nursing services to find the product that would best suit your needs. Please contact our Coloplast Care Direct team on 1800 316 651 (during the hours 8:30 am to 6:00 pm Monday to Thursday and 8:30 am - 4:00 pm on Friday AEST), by facsimile at +61 3 9541 1155 or by email at aucaredirect@coloplast.com for further information about the available services under this Coloplast Care Direct™ Supply Guarantee.  

10. Limitation of liability

a. To the maximum extent permitted by law, in no event will Coloplast or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential loss or damage whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, information provided on the Website or otherwise in relation to the Products, whether arising in tort (including negligence), contract or any other legal theory.

b. To the maximum extent permitted by law and in any case, Coloplast's, its affiliates', suppliers' and resellers' maximum cumulative liability and your exclusive remedy for any claims arising out of or related to these Terms, or the use of the Service or Products purchased through the Service will be limited to the amount actually paid by you for the Products in the preceding twelve (12) months, or the amount actually paid for the Products which the claim refers to, whichever is lowest.  

11. Intellectual Property

a. The Service and its entire contents, features and functionality (including, but not limited to, all information, software, products, text, displays, images, video and audio, and the design, selection and arrangement thereof) is the exclusive property of Coloplast, its affiliates, its licensors or other providers of such material, as applicable, and are protected by copyright, patent, trademark and other intellectual or proprietary rights laws.

b. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in the Service. No right, title or interest in or to the Service or any content in the Service is transferred to you, and all rights not expressly granted are reserved by Coloplast.

c. The trademarks, logos, product and service marks, designs and slogans (collectively the “Trademarks”) displayed in the Service are registered and unregistered Trademarks of Coloplast and its affiliates or licensors or their respective owners.

d. Nothing contained in the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or contained in the Service without written permission from Coloplast. Coloplast does not waive any right to any Trademark or to any other intellectual property rights and nothing herein, including the absence of a Trademark in this Service or shall be construed to the contrary. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

e. In order to improve readability, Coloplast does not use ™ or ® in the running text or on pictures and other images in this Service, either for its own Trademarks or for the Trademarks of third parties. By doing so, however, Coloplast does not waive any rights to its Trademarks.

12. Privacy

a. These Terms incorporate our Privacy Policy which may be found at Privacy Policy - Coloplast or by contacting the Coloplast Privacy Officer by emailing DataProtectionOffice@Coloplast.com .

b. We may, in accordance with our Privacy Policy and any applicable law, collect and hold personal information about you, including through the administration and management of Customer orders, market research, marketing Coloplast products and any other purpose relating to these Terms.

13. Miscellaneous

a. Accuracy and completeness: To the maximum extent permitted by law, we do not guarantee, represent or warrant that your use of our the Service will be uninterrupted, timely, secure or error free. Your use of, or inability to use, the Service is at your sole risk. The material on our Website or Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information such as proper professional or medical advice in relation to the use of our products which you acknowledge and agree to seek as appropriate. To the maximum extent permitted by law, in no event shall we be liable for any loss caused due to information provided on our Website.

b. Prohibited uses: You shall use the Service only for lawful purposes and in accordance with these Terms. You shall not use the Service in any manner that could impair, overburden, damage, or disable the Service, any server or network of Coloplast or its affiliates. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses, in our sole discretion.

c. Termination: We have the right to terminate your access to the Service or an agreement with you, with or without cause by giving notice to you. Upon such termination we will refund amounts paid in relation to undelivered goods which will not be delivered due to such termination. We are not otherwise liable whatsoever to you or any third party as a result of such a termination.

d. Force majeure: Coloplast will not be liable and the Customer will not be entitled to cancel any purchase order, for any delay or failure by Coloplast to perform its obligations under these Terms caused by any event or circumstance beyond Coloplast's reasonable control (including war, mobilisation or military draft of a similar scope, terrorism, sabotage, general or local industrial action, fire, flood, natural disaster, requisition, seizure, public authority order, trade restriction, payment restriction, unavailability of systems, uprising or riot, pandemic, epidemic, shortage of means of transport, shortage of personnel, shortage in material, general shortage, any limitation in the provision of electricity, fuel, or data communications and telecommunications, as well as other similar incidents and any other circumstance over which we have no control, " Fore Majeure Event"). Any delay in delivery on part of any party assisting us in the performance of the agreement which is caused by any such Force Majeure Event will result in the delivery time being extended for as long as is reasonable under the circumstances. We shall be entitled to extend the delivery time notwithstanding that the reason for delay arose after the end of the originally agreed delivery time.

e. Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

f. Assignment: You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We may transfer all or any of our rights and obligations under these terms to another party, but this will not affect your rights under these terms.

g. Headings for reference only: The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of these Terms.

h. Governing law and dispute resolution: All matters relating to the Service and/or purchase of Products through the Service and these Terms and any dispute of claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Victoria.