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APSS online purchase terms and conditions of sale (pharmacy portal)

1. General

These terms and conditions together with your reseller agreement form the agreement between you and Australian Pharmacy Sleep Services Pty Ltd ABN 99 152 303 289 of 65 Epping Road, North Ryde NSW 2113 (APSS) for the sale of the products on https://www.shop.pharmacysleepservices.com.au (“Web Site’). In case of inconsistency between these online purchase terms and conditions and the provisions of your reseller agreement, these terms and conditions will prevail to the extent of such inconsistency.

The Web Site is intended only for APSS resellers wishing to order APSS products (Products) through the Web Site for delivery in Australia for re-sale to end consumers. APSS does not accept orders for delivery outside Australia. The terms and conditions under which the Products are offered for sale on this Web Site are set out below. By clicking on “Place Order” you accept and agree to be bound by these terms and conditions. APSS reserves the right to change these terms and conditions at any time without prior notice. Such changes however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Web Site.

2. Placing Your Order

2.1. To place an order you must have a valid business email address and create an account.

2.2. You may place an order by adding Products to your shopping cart on the Web Site after logging into or creating your APSS reseller account and clicking on the appropriate submission button.

2.3. When you place your order, APSS will issue you with an Order Number via the Web Site. Please note the Order Number is supplied for reference purposes only and does not constitute our acceptance of your order. Your order is deemed accepted when APSS issues you an invoice in accordance with clause 5.1.

2.4. Orders submitted by you are binding on you and cannot be cancelled after order submission.

2.5. You acknowledge and agree that the on-screen display of the colors, designs or size of products offered on the Web Site may differ from the actual color, appearance or size of the Products.

3. Supply of Your Products

Subject to these terms and conditions, APSS will supply to you the Products indicated on your order confirmation. Products are subject to availability. APSS has the right to, without prior notice, add, modify or remove Products from the Web Site in its discretion.

4. Prices

4.1. All prices are in Australian dollars. Prices shall be those prices published on the Web Site at the time you submit your order. The prices published on the Web Site are your Net Into Store (NIS) price, and exclusive of any value-added tax, including GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)), shipping and handling costs. These costs will be calculated separately as applicable and specified on the order then added to the total price of the order. The total price stated on the order you submit shall be the total amount payable by you for the products including all taxes, recycling fee, duties, handling and shipping charges.

4.2. Delivery costs, where applicable, are payable by you as indicated on your order confirmation.

5. Paying for Your Products

5.1. You will be issued with an invoice after you have submitted your order. Your available credit will be verified during checkout process. In case of insufficient credit you will not be allowed to checkout. The invoice must be paid within 28 days from the end of month when you are issued a Statement or in accordance with any agreed payment terms under your APSS reseller agreement.

6. Delivery of Your Products

6.1. Orders placed on this site can only be delivered in Australia.

6.2. APSS will deliver the Products to the delivery address you specified in the order and in accordance with the delivery option you chose. In the event you order various Products to be delivered to different addresses, you will need to state the delivery address in the order. Any delivery or shipment dates given by APSS are best estimates only and APSS shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given.

6.3. Risk of loss of your Products will pass to you on delivery of the Products. Title will pass to you upon APSS receiving full payment for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.

6.4. Your tracking number can be viewed in your My Account once dispatch has occurred.

7. Returns

7.1 If a Product was supplied is found to be defective or faulty, please call APSS on 1300 761 006 between 9AM and 5PM (AEST) Monday to Friday. APSS will either, at its option, repair or replace the Product(s). In the event that you are entitled to a replacement or repair, the transportation charges will not be applied. To the maximum extent permitted by law, this shall be APSS’ sole and exclusive remedy to you in respect of Defective Products.

7.2. Steps to Follow for Returns:

(i) Please call APSS on 1300 761 006 between 9AM and 5PM (AEST) Monday to Friday to obtain a Return Merchandise Authorise (RMA) number and return instructions.

(ii) You are responsible for arranging return shipment to APSS, subject to Cl. 7.1.

(iii) Before returning any Product(s) please check that you have:

  • Received a RMA number from APSS (issued on request);
  • Enclosed all accessories, in box warranties and other material supplied unless informed otherwise;
  • Used all packaging that was originally supplied if still available;
  • Clearly displayed the returns address and the RMA number;
  • Sealed the packaging securely.

(iv) By following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may, subject to applicable laws, forfeit your right to a replacement.

(v) Please note that APSS reserves the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within this paragraph 7.2.

7.3 Nothing in this clause 7, or these terms, attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law ("Consumer Law Rights”). Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these terms.

8. Warranty

The Products may come with Product-specific warranties, in addition to any rights and remedies You or end consumer may have under the Australian Consumer Law.

9. APSS Liability

9.1. To the fullest extent permitted by law, these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.

9.2. Except where set out in paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on APSS regarding the supply of Products or the provision of Services except as expressly stated in the Agreement.

9.3. To the fullest extent permitted by law, any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied in or incorporated into the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

9.4 To the fullest extent permitted by law APSS shall not be liable for any lost profits, lost savings, loss of reputation, loss of goodwill, indirect, incidental, punitive, special or consequential damages under, arising out of or in connection with this agreement or the sale of any products or services by APSS or the use thereof whether or not such damages are based on tort (including negligence), warranty, contract, under an indemnity or any other legal theory – even if APSS has been advised, or is aware, of the possibility of such damages. To the fullest extent permitted by law APSS’s aggregate and cumulative liability shall not exceed the amount payable by you to APSS in respect of the product(s) and/ or services in question under the relevant order.

9.5. The limitations and exclusions set forth above in this Section 9 shall apply only to the extent permitted by applicable mandatory law. Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Chapter 3 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and corresponding provisions of State or Territory legislation which contain provisions including implied terms and warranties which operate to protect the purchasers of goods and services in various circumstances.

10. Contacting APSS

Please contact APSS on 1300 761 006 between 9am and 5pm (AEST) Monday to Friday. Email:[email protected]

11. Data Protection

11.1. Your transaction records are accessible to you if you are a registered customer by accessing your My Account so that you may check the status of your order(s) and check the order content.

11.2. By placing your order, you agree and understand that APSS may store, process and use the data collected from your order form for processing your order, completing the sale and to notify you of APSS products and offers from time to time. You may opt out at any time of direct marketing communications by using the opt out mechanism provided in the relevant communication. This data will be treated in conformance with applicable privacy laws and the Philips Privacy Policy which is available at https://www.philips.com.au/a-w/privacy-notice.html or by clicking on the button Privacy Policy in the footer of this Web Site. If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from APSS please follow the update procedure set forth in the Privacy Policy.

11.3 To the extent APSS requires access to personal information relating to individual end user(s) of the Products (‘Personal Data’). You and APSS agree to respectively:

(i) comply with applicable mandatory law including the Australian Privacy Act 1988 (Cth) and Australian Privacy Principles; and

(ii) be autonomously responsible to collect and further process Personal Data in accordance with requirements of applicable mandatory laws, in particular for justification of any transmission of such Personal Data to the other party, including providing any required notices and obtaining any required consents, and for its decisions concerning the processing and use of the Personal Data; and

(iii) not do anything which may cause the other party to infringe any applicable mandatory law.

11.4 To the extent that APSS has access to Personal Data of a reseller’s customers and to the extent required by applicable mandatory law, you (as a reseller) will provide and obtain all required notices and consents from your customers prior to providing APSS such access. Upon APSS’ request, you shall make available such notices and consents to APSS.

12. Force Majeure

APSS shall not be liable for any failure or delay in performance if:

(i) such failure or delay results from interruptions in the Product manufacturing process; or

(ii) such failure or delay is caused by Force Majeure as defined below or by law.

In case of such a failure as set forth above, the performance of APSS’ obligations will be suspended for the period such failure continues, without APSS being responsible or liable to you for any damage resulting therefrom.

The expression "Force Majeure" shall mean and include any circumstances or occurrences beyond APSS' reasonable control - whether or not foreseeable at the time of order - as a result of which APSS cannot reasonably be required to execute its obligations including force majeure and/or default by one of APSS’ suppliers. In the event that the Force Majeure extends for a period of three (3) consecutive months (or in the event that the delay is reasonably expected by APSS to extend for a period of three (3) consecutive months), APSS shall be entitled to cancel all or any part of the order without any liability towards you.

13. Rights in Software, Documentation and Intellectual Property

13.1 Subject to the provisions set forth herein, the sale by APSS of any goods implies the non-exclusive and non-transferable limited license to you under any of APSS’ and/or its affiliates’ intellectual property rights (“APSS IPR”) used in the goods to use and resell the goods as sold by APSS to you.

13.2 To the extent that software and/or documentation is embedded in or delivered with any goods sold by APSS to you, the sale of such goods shall not constitute the transfer of ownership rights or title in such software and/or documentation to you, but, subject to the provisions set forth herein, shall only imply a non-exclusive and non-transferable license to you under APSS IPR used in the software to use such software and/or documentation in conjunction with and as embedded in or delivered with the goods as supplied by APSS to you.

13.3 You shall not: (a) modify, adapt, alter, translate, or create derivative works from any software residing in or provided by APSS in conjunction with any goods; (b) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available such software; (c) merge or incorporate such software with or into any other software; or (d) reverse assemble, decompile, disassemble, or otherwise attempt to derive the source code for such software without written authorisation from APSS except as explicitly allowed under applicable law. You shall not remove any APSS or third party supplier copyright notice or other proprietary or restrictive notice or legend contained within any software or documentation. If and to the extent copyright in the software is owned by third parties, the license terms of these third parties shall apply.

14. Disagreements Governing Law and Jurisdiction

These terms are governed by the laws of New South Wales, Australia. APSS will try to solve any disagreements quickly and efficiently. If you are not happy with the way APSS deals with any disagreement and you want to file court proceedings, you must do so within New South Wales law and courts.

15. General

15.1. Neither APSS failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

15.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.

15.3 Any notices given under these terms must be in writing addressed to PSS at the details set out below or to the details you provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been serviced on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

15.4 You must not assign any rights or obligations under these terms, whether in whole or in part, without PSS prior written consent.

15.5 Subject to your Consumer Law Rights, these terms contain the entire understanding between the parties and the parties agree that no representation or statement has been made to, or relied upon by, either of the parties, except as expressly stipulated in these terms, and these terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

16. Content Restrictions

16.1 You agree not to use the Web Site or service:

  • To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable
  • To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
  • To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
  • To upload or otherwise transmit any material which is likely to cause harm to this Web Site or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to this Web Site or which may cause any defect, error, malfunction or corruption to the service; and

16.2 In the event you violate one of these Content Restrictions and you intentionally publicise such violation, you acknowledge that APSS will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.

June 2026