Terms of service

These Terms of Service ("Terms") govern your access to and use of the website, products, and services provided by The CPAP Shop ("we", "us", "our"). By accessing our website or purchasing our products, you agree to be bound by these Terms.

1. About Our Services

We supply CPAP machines, CPAP masks, CPAP accessories, and related sleep therapy products to customers within Australia.

Our products are intended to support prescribed sleep therapy and should be used in accordance with the manufacturer's instructions and any advice provided by your healthcare professional.

2. Medical Disclaimer

The information provided on our website is for general informational purposes only and is not intended to replace professional medical advice, diagnosis, or treatment.

Customers should:

• Consult a qualified healthcare professional regarding their medical condition.
• Follow the advice of their treating practitioner.
• Use CPAP equipment only as directed by their healthcare provider and the product manufacturer.
• We do not provide medical diagnoses or treatment recommendations.
  

3. Eligibility

By using our website and purchasing products, you confirm that:
You are at least 18 years of age; or
You have the consent of a parent or legal guardian.

4. Product Information

We make reasonable efforts to ensure that product descriptions, specifications, images, and pricing are accurate.
However:

• Product images are for illustrative purposes only.
• Colours and appearance may vary from actual products.
• Specifications may change without notice from manufacturers.
• We reserve the right to correct any errors, inaccuracies, or omissions at any time.

5. Orders

All orders are subject to acceptance and availability.
We reserve the right to:

• Refuse or cancel orders;
• Limit quantities purchased;
• Decline orders where pricing errors have occurred; or
• Request additional information before processing an order.
• If an order is cancelled after payment has been received, a refund will be issued.
  

6. Pricing and Payment

All prices displayed on our website are in Australian Dollars (AUD) and include GST unless otherwise stated.
Payment must be received in full before an order is dispatched.
We accept payment methods displayed on our website at the time of purchase.

7. Shipping and Delivery

Shipping and delivery are subject to our Shipping Policy.
Delivery timeframes are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers or circumstances beyond our reasonable control.

8. Returns and Refunds

Returns, exchanges, and refunds are governed by our Refund & Returns Policy and the Australian Consumer Law.
Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law.

9. Product Warranties

Many products sold by us are covered by manufacturer warranties. Warranty claims may require:

• Proof of purchase
• Inspection of the product; and
• Compliance with manufacturer warranty conditions.
• Warranty coverage does not apply to damage resulting from misuse, abuse, neglect, unauthorised modifications, or failure to follow operating instructions.
  

10. User Accounts

If you create an account on our website, you are responsible for:
Maintaining the confidentiality of your login credentials 
Restricting access to your account; and
All activities conducted under your account.
You must notify us immediately if you become aware of any unauthorised use of your account.

11. Intellectual Property

All content on our website, including:

1. Text
2. Images
3. Graphics
4. Logos
5. Product description
6. Website design
   
7. Software

is owned by or licensed to The CPAP shop and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, or commercially exploit website content without prior written permission.

12. Limitation of Liability

To the maximum extent permitted by law:
We exclude all warranties and representations not expressly stated in these Terms.
We are not liable for indirect, incidental, consequential, or special damages arising from the use of our products or website.
Our liability for any claim relating to goods supplied is limited to the remedies available under the Australian Consumer Law.
Nothing in these Terms excludes liability where such exclusion would be unlawful.

13. Indemnity

You agree to indemnify and hold harmless The CPAP Shop its directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses arising from:
Your misuse of the website;
Your breach of these Terms; or
Your violation of any applicable law.

14. Privacy

Your use of our website is also governed by our Privacy Policy.
By using our website, you consent to the collection and handling of personal information as described in that policy.

15. Third-Party Links

Our website may contain links to third-party websites.
We do not control and are not responsible for the content, security, or privacy practices of those websites.
Accessing third-party websites is at your own risk.

16. Changes to These Terms

We may update these Terms from time to time.
Changes will become effective when published on our website.
Your continued use of our website following any changes constitutes acceptance of the revised Terms.

17. Governing Law

These Terms are governed by the laws of New South Wales, Australia.
Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

18. Contact Information

If you have any questions regarding these Terms, please contact:
The CPAP Shop
Phone: (02) 4244-5420 or 1800 number
Email: info@thecpapshop.com.au
Address: Shop 3, 242 Princes highway Corrimal NSW 2518

Consumer Guarantee Notice: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.