Last updated: 29/04/2020
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the neomorphmouthguards.com website (the “Service”) operated by Neomorph Mouthguards (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Neomorph Mouthguards and its licensors. It is an infringement on copyright and/or illegal to copy, print or plagiarise any information within the website without obtaining consent from Neomorph Mouthguards management.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Neomorph Mouthguards.
Neomorph Mouthguards has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Neomorph Mouthguards shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of South Australia, Australia without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Shipping & Delivery
Please allow 7-10 business days (metropolitan areas) and up to 14 business days ( for country) for your order to be processed, dispatched and delivered within Australia. Shipping and Delivery to overseas destinations will take longer and should be discussed prior to ordering. Orders will be processed immediately upon confirmation of payment and we will do our very best to ensure that postage / delivery is underway within 48hrs.
The couriers or postal services nominated by NeoMorph Mouthguards are only able to deliver products during local business hours (9am to 5pm – Monday to Friday). If office opening times are limited, please note this in the “special information” section when ordering.
NeoMorph Mouthguards are unable to deliver products to PO Box addresses.
We try to ensure that all products are delivered in a prompt and timely manner. However, from time to time, it is possible that postage and other factors outside of our control may result in delays. NeoMorph Mouthguards does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
Refunds, Exchange, Replacement & Cancellation Policy
NeoMorph Mouthguards does not offer refunds for change of mind. You may however exchange your purchase within 30 days of receiving your order, provided it is unopened, in its original packaging and in new condition suitable for resale. The product cannot be returned once opened unless it is deemed to be faulty.
We will replace defective mouth guards at no charge provided we are notified of the problem within 30 days of delivery.
All exchanges / replacements may take up to 10 business days to be processed.
In order to facilitate a return / exchange please see our Warranty section.
NeoMorph Mouthguards reserves the right to decline to enter into a purchase contract and may cancel an order at any time prior to dispatch of the product(s).
In the event of a cancelled order, funds paid in relation to that order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
Pricing
Prices displayed on our website are subject to change without notice. Once an order has been accepted by NeoMorph Mouthguards and a “purchase agreement” formed the price of the product cannot be varied except by agreement between both parties in writing or by email.
All prices listed on the website exclude delivery costs & GST. If delivery costs & GST are applicable they will be calculated and advised in checkout.
International shipping
Products purchased online from Neomorph may be shipped worldwide and may be subject to foreign export control laws, regulations, duties and /or tarrifs. Products must be purchased, sold, exported, re-exported, transferred, and used in compliance with export laws and regulations. We do not ship to freight forwarders for resale purposes.
Payment Options
All product prices listed are exclusive of GST.
GST and any additional surcharges (if applicable) will be calculated in checkout.
We accept Visa, MasterCard and Bank Transfer. There are no surcharges for these transactions.
Wholesale Login and the applicable minimum order number is required for wholesale pricing and before proceeding to checkout.
Payment for orders will be processed immediately upon your website confirmation of the order.
Contact Us
If you have any questions about these Terms, please contact us.