Terms and Conditions
Terms and Conditions
1.1 The International School Of Veterinary Nursing (ABN 23 040 865 945) (referred to as The International School Of Veterinary Nursing, Tisovn, we, our, or us) permits users (referred to as you or your) to:
(b) Place an order (“order”) for goods and services offered for sale through the Website (“products”);
(c) View and interact with any communications including but not limited to, content, advice, information, texts or other material provided by Tisovn; and
(d) Otherwise communicate with Tisovn,
subject to the following terms and conditions.
1.2 Tisovn shall have the right in its absolute discretion at any time by notice to amend, remove or vary the Services and/or any page of this Website. Notice may be given by any reasonable means including, but not limited to, posting a revised version of these Terms and Conditions on the Internet or notification by electronic mail. Any use of the Website after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions. By using the Website you are agreeing to all of the Terms. We will provide notice of updated Terms by posting it on the Website. Your use of the Website is governed by the most recent Terms listed on the Website. We recommend you check this page regularly and take notice of any changes made.
2.0 Orders for products, services or both through our online store:
2.1 By placing an order via our Website you are making an offer and commitment to purchase products and/or services in accordance with these Terms. When you place an order, you will receive an acknowledgement email confirming receipt of your order.
This email is only an acknowledgement and will not constitute acceptance of your order. Subject to clause 2.2, Tisovn reserves the right to accept or reject an order in its discretion after receipt of the order.
2.2 Notwithstanding anything to the contrary, we may at any time following receipt of your order accept, decline, or limit your order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. Where your order is cancelled by us, we will exit the Contract of Sale by issuing you with a refund if you have been charged or we have received payment from you.
2.3 Provided you have not accepted delivery of the products, where possible Tisovn may permit an order to be cancelled, but cancellation requests cannot be guaranteed once any applicable payment is received for the order. The order cannot be cancelled by you once you accept the delivery of products
Tisovn products must not be purchased for re-sale.
3.0 Limitation of Liability and Consumer Guarantees
3.1 Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy conferred on you by the Schedule 2 to the Competition and Consumer Act 2010 (Cth)(Australian Consumer Law) or any other applicable law (including in respect of customers that reside outside of Australia, similar legislation applicable to the sale of goods) that cannot be excluded, restricted or modified by agreement. Such rights or remedies include consumer guarantees as to merchantability, fitness for purpose, supply by description, repairs, and title.
3.2 At Tisovn’s option, the limit of liability for a breach of non-excludable guarantee referred to in clause 3.1, to the fullest extent permitted by the law Tisovn is limited to:
(a) in the case of goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
3.3 Goods may come with guarantees that cannot be excluded under the ACL. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The evaluation and final decision on condition remains at the sole discretion of Tisovn and its representatives. This decision is final.
3.4 In no event shall Tisovn, its related bodies corporate and each of the respective directors, employees, agents and contractors of any of them be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Tisovn Content, all links to or from the Website, or the goods and services advertised or referred to on the Website.
3.5 Tisovn will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
3.6 Subject to this clause 3, the maximum aggregate liability of Tisovn for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
4.0 Pricing and Availability
4.1 All prices are displayed in Australian dollars and include GST where applicable.
4.2 Tisovn reserves the right to modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in availability, product discontinuation, changes in market conditions, manufacturer changes, errors in advertising, and in other circumstances).
4.3 Whilst we endeavour to ensure all details, descriptions and prices listed on the Website are accurate, errors may occur. Any information we provide in relation to availability of products/service is a guide only and is subject to change without notice. Without limiting any other terms, we will not be liable for any lack of availability of products that have been ordered through the Website. If we discover an error in relation to any products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
5.1 Payment for an order is made online through our Website. You must pay for the Products at the time of placing your order using the Website. Tisovn accepts Visa, MasterCard, PayPal (Australian customers only). You must comply with the relevant terms and conditions of these providers.
5.2 Your order is not recorded or processed until payment is received.
5.3 The payee must match either the billing or shipping recipient.
i) If you pay by card, you authorise us to debit the amount payable for an accepted order from your nominated account. For security, we carry out standard pre-authorisation checks on transactions prior to processing.
ii) Please see PayPal for information on PayPal payments.
5.4 Upon confirmation of order, we will provide a confirmation of order outlining total fees and charges for the products/services in your order.
5.5 You must not pay, or attempt to pay, for any orders through any fraudulent or unlawful means. Tisovn will report any instances of credit card fraud to the Australian Police and banking authorities or any equivalent law enforcement agency or banking authority in overseas jurisdictions (as the case requires).
6.0 International Orders, Currency Conversions, Customs and Import Duty/Charges
6.1 The actual price charged to overseas customers will be subject to the exchange rate applied by the customer's credit or debit card company.
6.2 Tisovn does not convert the total price of orders into other currencies. We will bill your credit or debit card or PayPal account in Australian dollars and the card company or PayPal will convert the charges for you. If you have any questions about currency conversions please contact your bank or financial institution.
6.3 Some of the products we sell may require further payment of additional taxes. If you are required to pay VAT in addition to the product's price displayed at the time you place your order (which is exclusive of VAT), we will contact you.
6.4 Customers outside Australia may also be liable for any customs and import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid directly by the recipient of the parcel. As customs policies vary widely from country to country, we suggest that you check the requirements in your country before placing an order. We are not liable for any custom or import duties.
6.5 Your nominated courier may also charge a handling fee. This is a matter between you and the respective courier, exclusive of Tisovn. All charged must be paid directly by the recipient. We are not liable for, and will not reimburse any of these charges and duties.
i) If you refuse to pay these fees outlined in 6.3 and 6.4 you are also refusing your parcel. If you refuse your parcel, you may be contacted by the respective third-party informing you that your parcel will either:
(a) Be destroyed. Tisovn is not liable for any packages destroyed by a third-party courier service/department and your order will not be refunded.
(b) Be re-shipped back to us. If we do have your parcel sent back to us, all shipping costs (along with any duties and taxes charged on that parcel) will be charged to your nominated account. This can cost upwards of $100, and is largely dependent on the weight of your parcel and applicable duties fees. We will provide full details outlining all applicable charges being billed to you upon receiving the parcel back at our warehouse.
7.1 Your order will be delivered to you through your nominated third-party courier. Upon confirmation of shipment/order, you are agreeing to accept any risks involved in transportation as detailed in clause 8.0. Each individual order will be shipped as a separate order and cannot be combined.
7.2 We cannot guarantee delivery times, including due to reasons beyond our control. All delivery estimations are provided based on general data available to public. Postage may be subject to delay due to causes outside BlackMilk and/or Australia Post/DHL control, including but not limited to public holidays, peak periods and time in customs (if applicable).
7.3 When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of Australia may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they might be. Customs policies vary widely from country to country and region to region; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original shipment delivery estimates.
7.4 We reserve the right not to deliver products to certain countries in our absolute discretion. Also, we are not responsible for assuring the product can be lawfully imported to the destination country. When ordering from us, for delivery outside Australia, you or the recipient of record must comply with all laws and regulations of the destination country. Accordingly, you should check any import laws or regulations that would restrict the importation of the products prior to purchase.
7.5 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) charge you for our reasonable storage fee and other costs reasonably incurred by us.
8.0 Risk and Title:
8.1 In respect of orders delivered to you using one of our third-party couriers, then:
(a) title to the products in your order passes to you upon delivery; and
(b) all risk of loss or damage to the products in your order passes to you when we dispatch your order from our premises.
8.2 To the maximum extent permitted by law, we are not liable for any damages or loss of any orders once it has left our premises. As per the Australian Consumer Law, Tisovn does not have to pay for damages or losses that:
(a) are not caused by our conduct, or our products supplied; and
(b) relate to something independent of our business, after the goods have left our control.
9.0 Returning items
9.1 Tisovn will gladly offer a store credit or refund for any full priced or promotional price purchases you wish to return back to our warehouse on the following conditions:
(i) the products are received into our warehouse within:
Domestic orders – 60 days from delivery (As documented by relevant courier)
International orders – 60 days from delivery (As documented by relevant courier)
(ii) the products are not worn, used, washed or damaged;
(iii) the original tags/labels/original sticker(s) are attached;
(iv) you present proof of purchase
9.2 Assessment of a product’s condition remains at the sole discretion of Tisovn and this decision is final. We reserve the right to refuse any returns where the above conditions are not met. Refused items will be returned to the customer at the customer’s expense. If we refuse any returns where the above conditions are not met, we will attempt to contact you to obtain payment for returning the product to you. If you do not respond to us with the required details within a reasonable amount of time (in any event no later than 30 days from the date on which we contact you) we may treat the product as abandoned and deal with the product as we see fit in our absolute discretion.
9.3 Special Exceptions
Products purchased as part of a promotion are eligible for return providing the return meets the conditions in clause 9.1.
9.4 Payment Method
We will refund using your original payment method, or on gift card where appropriate at our discretion. Special conditions apply in respect of payments made using PayPal.
9.5 Where a payment plan was used as tender, our standard policy applies. You are eligible to return items for a refund or store credit equal to the final price of the item/s as agreed upon at order confirmation. In the case of store credit been elected, the payment plan instalments will continue to be captured until the order has been paid in full.
9.6 Where PayPal was used as tender, our standard policy applies. Refunds will be returned to your PayPal account. Something to note is that if you paid with PayPal you may be eligible to have return shipping costs reimbursed for up to $45AUD.
9.7 Store credits are valid for 12 months from issue.
10.0 Return to Sender
10.1 It is your responsibility as the customer to enter your correct and complete delivery address during checkout, Tisovn will not be liable for any incorrect information entered during checkout. Please ensure that you are available to be contacted by the relevant postal service for delivery to be arranged (if applicable) or make sure you collect your parcel from the relevant collection point within the relevant timeframe as specified by your local postal service.
10.2 For Australian customers, if your parcel cannot be delivered because of an incorrect or incomplete delivery address or the parcel is not collected within the applicable Australia Post timeframe and your parcel is therefore returned to sender (RTS), Tisovn will contact you via email with options for reshipment. A flat rate of $10AUD will be charged for reshipment with Express Post and it will be your responsibility to make payment and provide your correct and complete delivery address.
10.3 For International customers, if your parcel cannot be delivered because of an incorrect or incomplete delivery address or the parcel is not collected within the applicable timeframe or you have not paid the relevant customs/import fees applicable to your parcel and your parcel is therefore returned to sender (RTS), Tisovn will contact you via email with options for reshipment. You will be asked to confirm your choice between having your parcel reshipped with Standard Post ($20.00AUD) or Express Courier ($30.00AUD). It will be your responsibility to make payment for the reshipment fee (in addition to any relevant RTS fees) and provide your correct and complete delivery address.
10.4 If you have changed your mind and do not wish for your parcel to be reshipped, Tisovn will issue you with a store credit for the price originally paid, excluding the original cost of shipping and RTS fees (if applicable).
10.5 If you do not respond to us within thirty days, we may treat the product as abandoned and we will issue a store credit as per the above.
11.0 Cost of Returning Your Goods
11.1 You will need to pay for any postage fees involved in posting the items you wish to return, unless faulty as detailed in clause 11.0. In the event that the return postage cost has not been covered by the customer for a return, without Tisovn's prior express written permission, Tisovn reserve the right to withhold the return postage cost from the total reimbursement amount for the returned item/s
11.2 Tisovn will not be liable for loss of parcels being returned.
11.3 We recommend sending items you wish to return via trackable post. To protect yourself from loss, we strongly advise the use of an insured and trackable service to return your goods as these items remain the property of the customer until an email confirmation is sent to acknowledge our receipt of the item(s).
11.4 The decision to not follow this advice is at your own risk, as detailed in clause 8.0.
12.0 Faulty or Damaged Items
12.1 In accordance with rights available to customers located in Australia, under the Australian Consumer Law:
(a) if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when:
(i) a reasonable consumer would not have bought the goods if they had known about the problem;
(ii) the goods are significantly different from the description, sample or demonstration model shown;
(iii) the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
(iv) the item is unsafe; and
(b) if an item has a minor problem, please contact the Tisovn where we may refund or replace the item, or repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase.
12.2 Assessment or confirmation of fault remains at Tisovn’s sole discretion and this decision is final.
12.3 If an item is assessed as not faulty at Tisovn’s sole discretion, the product will be refused and returned at the customer’s expense.
12.4 Tisovn will refund the postage costs for any items deemed to be faulty in accordance with this clause 11. The shipping costs will be reimbursed within reason where proof of purchase is provided.
12.5 Refunds can only be processed via the same payment method used for the original purchase.
13.0 Sale Items
13.1 All products on sale are subject to the following conditions:
i) Available until sold out
ii) Limited sizes and styles are available
iii) Not valid on rainchecks, or on previous purchases
iv) Not available to be returned, subject to clause 9.0.
v) Subject to sell out without prior notice.
13.2 Returns on sale/promotions
(a) Any sale products are not available to be returned as detailed in Returns Policy.
(b) Products purchased as part of a promotion are eligible for return providing the return meets the conditions in clause 9.1.
13.3 Whilst we endeavor to ensure all details, descriptions and prices listed on the Website are accurate, errors may occur. Any information we provide in relation to availability of products/service is a guide only and is subject to change without notice. To the maximum extent permitted by law, we will not be liable for any lack of availability of products that have been ordered through the Website. If we discover an error we will inform you of this as soon as possible and give you the option of reconfirming your order or cancelling it.
14.0 Contacting Us
If you have any questions regarding the Website or Terms and Conditions please contact us at email@example.com
Last updated: 10/03/2021