Terms of Service
These terms and conditions contain important information about becoming a Wellness Solutions (Wellness Solutions Group Pty Limited and ABN 35 140 522 756) customer You should read this document carefully and make sure you understand it before you purchase a product on a payment plan. If you do not understand something, ask us or seek advice. What is set out in this agreement overrides anything that anyone may have said to you. If there is something in this agreement different to something that you may have been told, you should tell us before you sign this agreement. If we do not enforce our contract rights at any time it does not mean that we have waived those rights.
1.1 - In this agreement, there are some words and terms used repeatedly To make things easier to understand, when we use those words and terms they will have the following meanings
Agreement means the Hire Purchase Agreement formed between you andCommencement Date means the date specified as the Commencement Date in theCompany - Wellness Solutions Group Pty Limited will be referred to as The Company or Wellness SolutionsDeposit means the upfront contribution to the Purchase Price payment on the Commencement Date and specified in theProduct means the unit or units described and identified in the Agreement and any substituted Product provided with the proceeds of insurance or otherwise, all accessories described in the schedule and any other accessories and replacement parts fitted to the unit or units;GST has the same meaning as in the GST Law;Instalment means an instalment of the Purchase Price payable in the amount and at the times specified in thePPSA means the Personal Property Securities Act 2009 (Cth).PPS Register means the Personal Property Securities Register established under thePurchase Price means the amount you must pay to purchase the Product through the payment ofRecoverable Amount means at any time at which this Agreement is terminated prior to the expiry of its term, the total ofall overdue Instalments;the amount of any remaining Instalments;an amount equal to any taxes (other than income tax) or GST as applicable and any government charges applicableif the Product is returned to us but is damaged, the amount we reasonably estimate to repair the Product, or if it would not be economical to repair them, the remaining value of Product as at the date of termination of this Agreement less any insurance proceeds received by us under the insurance described in clause 10, less the Net Proceeds of Disposal, if any
This Hire Purchase agreement is a legally binding contract between you and Wellness SolutionsBy entering into this agreement, you agree to purchase the product by paying the Deposit and Installments and you agree to all the terms of this agreement.You acknowledge that neither the Company nor anyone on behalf of the Company, has made any representations or promises upon which you are relying on entering into this agreement unless set out in this agreementYou agree that this document sets out the complete agreement between you and us.If any part of this agreement is invalid or unenforceable, the remaining parts will continueIf the Company does not exercise any rights it has under this agreement it is not giving away those rights. Those rights may still be exercised later.Unless and until the Deposit and all Instalments have been paid together with any other amount payable by you under this Agreement, title to the Product will remain with the Company- From the time you take delivery of the Product, you bear all risk in the Product (including risk as to the theft, damage or other loss).
3. RETURN OF THE PRODUCT
If you do not conclude the purchase of the product as contemplated by clause 2, you must provide us with access to your premises so we can pick up the product within 30 days. The product must be in good working order and good condition (fair wear and tear excepted) and you must pay to the Company any collection fee and all other moneys then payable under this agreement
Fees and charges payable by you are set out in the AgreementYou authorise us to charge or cause transfers to be made from your nominated account.The above authorisation is a continuing authorisation until your instalments are complete and continue upon assignment of the agreement to a new owner of the businessThe above authorisation includes (but is not limited to) Deposit, Instalments, GST and any unpaid fees. Rate includes GST at 10% if GST rate was increased, the GST payable would be amended to reflect this.We may recover from you any merchant or other fees attendant upon credit card use or charge to us as a result of payment by you, whether by credit card or otherwiseWe reserve the right to charge you a processing fee being the reprocessing fee in the event of dishonour of your direct debit or any failed paymentWe use a third party as a direct debit billing provider and you may be asked to fill out a Direct Debit Request (DDR) to allow deductions from your financial institution of choice. This third party may have fees associated with their direct debit payments. These are outlined by their Terms and Conditions.
5. YOUR OTHER PAYMENT OBLIGATIONS
In addition to your obligation to pay the Deposit, Instalments and GST under clause 4, you must
indemnify us against, and pay to us immediately on demand, the amount of any costs, losses, expenses or liabilities we incur costs in connection with our taking possession of the Product in the circumstances permitted under this Agreement;in enforcing this Agreement or protecting our rights in the Product or under the Agreement (including any legal costs on an indemnity basis, any costs incurred in registering a security interest in the Product, renewing any insurance, releasing any lien claimed over the Product or in attempting to take possession of the Product, storing the Product or serving any notice or demand;due to any claim of any kind being made against us relating to the Product or their use; and
6. FAILURE TO TAKE DELIVERY
We may, at our option, elect to treat this Agreement as repudiated if you refuse or fail to take delivery of the Product. If this Agreement is repudiated by you for your refusal or failure to take delivery of the Product, you must pay to us the Recoverable amount.
7. DEFECTIVE GOODS
Any claim by the Customer in respect of defective, non-conforming or damaged Goods must be made in writing within 14 days of the delivery of the Goods unless a longer period is expressly agreed to by us in writingDespite any other provision of the Contract, we are not liable, to the maximum extent permitted by law, for:
the cost of removal of Goods not meeting the specification or which are said to be otherwise defective or deficient, whether installed or otherwise;
the cost of installation of replacements for Goods not meeting the specification or which are said to be otherwise defective or deficient;defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components or normal wear and tear
8. THE WELLNESS SOLUTIONS 30 DAY CHANGE-OF-MIND POLICY
We offer a 30 Day Change-of-Mind Policy. You are welcome to return the item as long as you meet the following terms and conditions as listed below: 30 Day Change of Mind Terms & Conditions
Notification is required within 30 days of purchase date.Item to be returned must be in their original re-saleable condition. The item/s are NOT worn or damaged.That you DO NOT stick or write anything on the item itself or its packaging. The refund amount will not include delivery costs.Handling and Collection fees will apply.If the item has sustained damage in transit or does not return as noted above, a revised refund amount may be required
If you would like to take this offer, please send us an email at firstname.lastname@example.org and indicate the item/s you wish to return and the reason for the return. Our Customer Service team will reply to your email.
Wellness Solutions provides a two (2) year warranty for individual customers and applies the Conditions and Warranties required by law.Wellness Solutions provides a one (1) year warranty if the product is used in a commercial environment.All products sold by Wellness Solutions provide conditions and warranties contained in the Commonwealth Competition and Consumer Act.
10. INSURANCE OF THE PRODUCT
Until payment of the Purchase Price and all other amounts due under this Agreement, you must keep the Product insured at your own expense the policy must be taken out in your name with our interest as the owner of the Product noted on the policy; the Product must be insured for not less than their full insurable value against fire, accident, theft, and any other usual risks,cover under the policy is not compromised for any reason including non-disclosure, misrepresentation or breach of policy conditions;pay on time all insurance premiums, taxes, GST and other amounts payable to maintain or affect the policy;give to us on our request the insurance policy, proof of payment of the premium and currency of the cover;not do or omit to do anything which might allow the insurer to cancel, or refuse a claim under, the insurance policy; andnotify us in writing immediately if the Product is lost, damaged or destroyed or any event occurs which gives rise to a claim under any insurance policy and of any cancellation, change or rejection of any insurance policy orIf you fail to pay any insurance premium required by clause 10, we may pay the amount and recover it from you in accordance with clause 5 of this document.If, before title in the Product has passed to you, there is any damage to, or loss of, the Product, we are entitled to receive all money payable both under the insurance policy and by any other person in respect of that damage or loss. You hereby irrevocably appoint us your attorney (with the power to appoint substitutes and remove those substitutes and appoint other substitutes), to compromise and/or recover payment for any claim for loss or damage under the policy or otherwise in your name and our name and to give releases and receipts for any such claim, in undertaking the activities contemplated by this You irrevocably authorise us to apply any insurance proceeds towards repair or reinstatement of the Product or towards any money due or payable by you under this Agreement or on any other account owned by you.
11. CARE FOR THE PRODUCT
Until payment of the Purchase Price and all other amounts due under this Agreement, you agree:
at your expense (both as to materials and labour), to keep the Product in good order and repair and to keep the Product regularly serviced in accordance with the manufacturer's instructions and recommendations and our recommendations;
to use the care of a cautious and prudent owner to prevent damage to, or loss of, the Product;to notify us in writing immediately if the Product is stolen, destroyed, damaged or lost;not to use, or permit the use of, the Product for any illegal purpose or in breach of any law relating to their use or keeping;not to conceal the Product or part with possession of the Product or to create any security interest over the Product (including in favour of any repairer) or purport to do so and not to pledge, sub-let , assign, sell or part with the Product or any interest or benefit under this Agreement or attempt or purport to do so;not to change the address at which the Product is kept without notifying us in writing;on our request to provide such information we reasonably require to locate the Product;that all accessories now or in the future supplied with or attached to the Product will be or will become a part of the Product;not to alter the Product in any way, including without limitation, by tampering with any identifying number, device or mark or by adding or removing any accessories without our prior written consent; andnot to cause or permit the Product to be affixed to any land without our prior written consent and where our consent is given, you indemnify us in respect of any liability we may have to third parties for entering upon any land to which the Product is affixed for the purposes of inspecting or seizing them.
12. LIMITS ON OUR LIABILITY
Subject to any consumer guarantee implied by the Australian Consumer Law and any applicable statute of any State or Territory which implies conditions or warranties which cannot be excluded:all conditions and warranties given by or on our behalf as to the merchantable quality, fitness for purpose, compliance with standards with respect to the Product are excluded;no other condition, warranty or representation, express or implied is or has been given by us, our servants or agents in relation to the condition or suitability of the Product, date of delivery of the Product, taxation or otherwiseall conditions and warranties as to the level of care and skill with which any services will be rendered by or on our behalf or as to the fitness for purpose (whether or not the purpose is made known to us) of the services or any materials supplied in connection with those services are excluded; to the extent that liability for any consumer guarantee, condition or warranty referred to in this clause 10 cannot be excluded and the Product or services under this Agreement are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability in respect of the breach of such condition and warranty is limited, at our option to liability to:
replace the Product or supply equivalent Product;
repair the Product;pay the cost of replacing the Product or of acquiring equivalent Product;pay the cost of repairing the Product;
13. LOSS OR DESTRUCTION
If the Product is totally or substantially lost or destroyed before title has passed to you, we may by notice in writing to you, terminate this Agreement. You must then pay to us the Recoverable Amount. You must pay that amount immediately on our demand.
Each of the following circumstances is an event of default:
you do not pay an Instalment or any other amount you are required to pay by the due date (for any reason);
you indicate that you are not ready, willing or able to comply with your obligations under this Agreement;you do not maintain insurance as required by this Agreement ;you breach any other obligation under this Agreement and your breach has had or is likely to have, a material impact on your ability to meet financial obligations to us;our credit or security risk (or our ability to assess these); orour legal or reputation risk.you or any Guarantor are insolvent, go into bankruptcy, voluntary administration, other insolvency process or arrangement, or no longer have legal capacity;enforcement proceedings are taken against you or a Guarantor or your or their assets by another creditor;you are in default under any other contract between you and us and such default corresponds with an event of default described in this clause 12;we reasonably determine that you or a Guarantor made any false representation which materially affected our decision to enter into this Agreement; orthe Product is used for the commission of any offence which might result in their confiscation or forfeiture to the Crown or attachment, execution or distress is levied against the Product, you or any of your property.We collect this personal information to assess your offer and to administer the renting of the Product if we proceed to enter an Agreement
15. CONSEQUENCES OF AN EVENT OF DEFAULT
Subject to any statutory stay of enforcement upon the occurrence of an event of default, we may enforce this Agreement including our security in the Product if:
you have not rectified the event of default within the time allowed by us to rectify the default in a notice or default we give you;
the default is not of a kind which can be rectified;a court has authorised us to do so;we have made reasonable attempts to contact you without success;urgent action is necessary to protect the Product; oryou have removed or disposed of the Product without our permission, or we reasonably determine you intend to do so.
In these circumstances, we may:
demand and require immediate payment of the Recoverable Amount and recover it from you;
enforce the Agreement, take possession of the Product or otherwise enforce our Security Interest over the Product;apply for leave of any court to exercise rights of enforcement which are otherwise subject to any statutory stay or for the lifting of any statutory stay; and
sue you and any Guarantor.
You agree that where we may enforce this Agreement, we or our agent may enter upon the premises or the place where the Product may be or where we may believe the Product to be for the purpose of taking possession of the Product.
16. PERSONAL PROPERTY SECURITIES ACT
You acknowledge that:
title in the Product does not pass to you under this Agreement until you have paid the Purchase Price and all other amounts payable under this Agreement;
We may, at your expense, register any security interest granted under this Agreement on the PPS Register in any manner we choose. You must provide us with any information we require for the purposes of effecting such registration.
You warrant that you enter into this Agreement in your own capacity and not as trustee of anyWe may at any time novate or assign this Agreement, or any interest or right we have under it or in the You may not assign you rights and interests under this Agreement without our consent.We are irrevocably authorised to use your name and to act on your behalf in exercising any rights or instituting or carrying on any legal proceedings or enforcing any court order or judgment which it thinks desirable to protect its rights in theAny provisions in this Agreement which are prohibited or are void or invalid by law will be ineffective to the extent they are prohibited, void or invalid without invalidating the remaining provisions of this Agreement must be construed as intended to operate in all respects to the maximum extent to which it can validly apply.To the extent permitted by law, we may give or serve any notice or document on you by giving it to you in person, by sending it to you at your address provided on the You may give any notice or document to us by sending it to our address at:
12/110 Bourke Road Alexandria NSW 2015] or by email to email@example.com
Email communication may not be used for any court process.
18. GUARANTEE. INDEMNITY AND SECURITY
The indemnity is a continuing obligation and will only expire upon satisfaction of all of the Customer's obligations under theThe obligation to pay the guaranteed money is not dependent on and is not affected by:the operation, maintenance defect, breakdown, accident, loss, status or the Customer's enjoyment of the Product;
contacting you by telephone; and