Terms and Conditions
1. Placing Your Order
1.1 To place an Order you must not have a cardiac pacemaker fitted and must not have a recently diagnosed DVT (Deep Vein Thrombosis)
1.2 You may place an Order by processing your Order on the Elite Sport Recovery (ESR) website after logging into or creating your personal account and clicking on the appropriate submission button. When you place your Order, we will issue you with an Order confirmation number. We will do this via the ESR website. Please note that such an Order number is supplied for reference purposes only and does not constitute our acceptance of your Order.
1.3 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
1.4 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email.
1.5 Whilst we will make every effort to supply you with the Products listed on the Order confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the ESR Website. In such circumstances we will contact you to inform you and may suggest an alternative Product or pack size that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. In the event of a typographical error or technological error causing a mistake in price to be shown, ESR reserves the right to correct the error and to charge you the correct price. Before it does so, ESR will notify you of the mistake and will offer you the opportunity of a full refund. You will receive a notification with or prior to your delivery.
1.6 You must be a resident of Australia to place an order on the ESR website.
2. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order confirmation.
3.1 The price for the Products will be the price indicated on your Invoice.
3.2 GST is payable by you at the applicable rate as indicated on your Invoice.
3.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
4. Paying for Your Products
4.1 You may pay for your Products by the methods of instant payment displayed on the ESR Website.
4.2 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice. We will not supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorisation we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5. Delivery of Your Products
5.1 Orders will be accepted from and Product will be delivered into a valid Australian residential or business address only.
5.2 Subject to clause 5.1 we will deliver your Products to the delivery address as shown on your Order Confirmation.
5.3 Upon delivery of the Products to our carrier we will send you a shipment reference by e-mail provided you have indicated an e-mail address on your Order.
6. Return of Faulty Products or Products which are not in Conformity
6.1 ESR will provide you with a refund in full if the delivered product is deemed faulty.
6.2 Procedure to follow to claim a refund or replacement under your right to withdraw from the contract:
• Email firstname.lastname@example.org and quote your invoice number and reason for return
• Upon receipt of your email ESR will contact you and provide you with a delivery address for the return of the product
• You will be responsible for packing and sending the product to the address above
• Upon receipt of the returned product ESR will offer a refund or replacement provided the product is deemed faulty.
7. Email Support
7.1 ESR provides customer support via email. You can email any questions or concerns to email@example.com
7.2 In providing email support, we will attempt to resolve your query when you first email us. We cannot guarantee resolution of your queries. On occasions we may need to call you in order to suggest a resolution.
8. Our Liability
8.1 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 email support).
8.2 There are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services.
8.3 ESR cannot be held responsible for returns we do not receive.
8.4 In cases where consumers claim financial compensation under statute, ESR will seek to limit compensation to direct damages. If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses 8.5 and 8.6 shall apply. Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
8.5 Subject to clause 8.4 we will not be liable for any loss of income or for any indirect or consequential loss of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.6 Subject to clause 8.4 our maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
8.7 If you are a consumer, you may have statutory rights which may be in addition to the rights set out in these Terms, and information about these statutory rights may be obtained from citizens advice organisations. No provisions in these terms affect your statutory rights as a consumer. In addition, this clause does not affect your right to return the Products as per clause 6.
8.8 ESR does not necessarily endorse and is not responsible for the accuracy of any remarks, opinions, comments, suggestions and other information expressed or included in user comments and posts on our social media pages.
9. Circumstances beyond our reasonable control
We will make every effort to perform our obligations. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
10. Disagreements Governing Law and Jurisdiction
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Australia and the laws of Australia will apply.