Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Prices
All Prices are in AUD (Australian Dollars) and are Exclusive of GST (ExGST). We display exGST as our main focus and primary sales are directly to other businesses and medical/health professionals. 

Medical Products
Products that are deemed medical or need regulation (where applicable) have been approved by the appropriate regulatory authority in Australia (usually TGA). The products will be approved by either the Australian Importer or Sponsor. Medical Products are only sold within in Australia & New Zealand. 

International Purchases
All Purchases International the person is obligated to pay any relevant duties, taxes, medical clearance or customs fees once it lands in that country. You will not be charged any Taxes on our side through the checkout however (10%).

Delivery Policy
All Orders will usually be shipped out within 2 - 3 working days (pending any external delays such as COVID Lockdowns). Freight Transit Time will vary depending on stock availability, state & freight method. You will be contacted if there is any major delays.  

Shipping Methods
We use Australia Post and Courier services such as Direct Freight; TNT; Toll & Startrack. If you choose courier but live in a residential or unit address you will be liable for redelivery fees and additional domestic delivery fees. If you are in very rural or outside normal freight zones for our delivery companies we reserve the right to cancel orders & refund orders or request extra freight costs based on alternative freight companies or extra surcharges (we will contact you if this is the case and work to achieve best possible outcome).

*WA, NT, & TAS are usually outside our normal delivery zones for extremely heavy and bulky freight e.g. pallet items. We will contact you if extra freight charges apply.

Returns, Exchanges & Refund Policy
All refund & return rights under both State and Commonwealth law apply. HMG Direct will strive to ensure you are happy with your online purchase however we advise you to choose your products carefully. HMG Direct does offer change of mind returns within 14 days of the delivery of the purchased goods – please refer to our Change of Mind Returns. We also offer the exchange of any product for another size or product to equal value within 14 days of delivery however the original freight will not be reimbursed. Proof of purchase must be provided to be eligible for both refund and exchange. We do not pay for return freight for any product assessed as not having being faulty. 

Returned products may also be subject to a re-stocking fee of up to 20% of the original purchase price. Re-stocking fee includes labour, checking and repackaging of items, administration time and costs for issue of refund, cancellation of order etc.

Change of Mind Returns
The following conditions are to be met in order for you to qualify:
  • Be a first time HMG Direct purchaser of the item/s.
  • You must provide 24 hours notice prior to the return of the item/s.
  • The item/s and their packaging must be in new and unused condition as it was at the time of purchase, and to be returned in all of its original packaging (this includes manuals, bolts, and packaging material) at your own expense – we do not cover return freight.
  • Should the item/s be returned damaged or missing parts, we will deduct costs required from the refund in order to refurbish the item/s to new condition.
  • Should it fail to pass our assessment to be in new condition, we will deduct costs required from the refund in order to refurbish the item/s to new condition.
  • The return date must be within the 14 days; sufficient time must be made for the item to be returned to us – this includes travel time.
  • Depending on the product we reserve the right to offer a store credit instead of refund (especially for larger & technical items which need to be specially ordered in).
  • Shipping and handling charges are non-refundable.
  • You will be responsible for the actual shipping costs to facilitate a change of mind return, irrespective of any free, discounted or any other type of shipping promotion that may have been applicable at the time of your order. This includes the costs of shipping the item to you in the first place and the cost of shipping back to us.
  • HMG Direct reserves the right to reject a claim for refund.
  • Returned products can be subject to a re-stocking fee of up to 20% of the original purchase price. Re-stocking fee includes labour, checking and repackaging of items, administration time and costs for issue of refund, cancellation of order etc.

 

Faulty Products
If you have purchased an item from us and it is faulty (and still under product warranty) our process is to firstly request for the item to be returned for analysis (if only recently purchased we will cover freight for return). If the product is indeed deemed faulty; we reserve the right to offer a repair; replacement or credit instead of refund unless the item was only purchased recently or was received damage/faulty to start with. 

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australia and other copyright laws, and is the property of HMGDIRECT. The collective work includes works that are licensed to HMGDIRECT. Copyright 2003, HMGDIRECT ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HMGDIRECT or purchasing HMGDIRECT. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HMGDIRECT or to purchase HMGDIRECT Products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HMGDIRECT. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of HMGDIRECT used in the site are trademarks or registered trademarks of HMGDIRECT.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HMGDIRECT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HMGDIRECT does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HMGDIRECT does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
HMGDIRECT shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HMGDIRECT has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a HMGDIRECT product is mistakenly listed at an incorrect price, HMGDIRECT reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HMGDIRECT reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HMGDIRECT shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by HMGDIRECT without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice & Electronic Messages
HMGDIRECT may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HMGDIRECT . This includes latest order updates, product specials & other related electronic messages.

*Please note customers can unsubscribe from our electronic messages at any time as in correspondance to the Spam Act 2003.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Qld, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HMGDIRECT products must be commenced within one (1) year after the claim or cause of action arises. HMGDIRECT failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HMGDIRECT may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HMGDIRECT or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
HMGDIRECT does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HMGDIRECT is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HMGDIRECT reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HMGDIRECT in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless HMGDIRECT its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, HMGDIRECT may link to sites operated by third parties. However, even if the third party is affiliated with HMGDIRECT, HMGDIRECT has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HMGDIRECT. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HMGDIRECT seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

HMGDIRECT is a Division of Health Management Group Pty Ltd
ABN 43 088 768 398