WEBSITE TERMS AND CONDITIONS OF USE

Last updated: September 2026

1. About These Terms

These Terms and Conditions (“Terms”) govern your use of the Tonomed Australia NZ website (“Website”) and the purchase of products from Tonomed Australia NZ (“we”, “us” or “our”).

By accessing or using the Website, placing an order or purchasing a product from us, you agree to be bound by these Terms.

If you do not agree with these Terms, you should not use the Website or place an order.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified, including rights available under the Australian Consumer Law.

2. Products

Tonomed Australia NZ supplies medical devices and related products (“Products”).

Product descriptions, specifications, photographs and other information displayed on the Website are provided to assist customers in selecting Products.

We take reasonable care to ensure information on the Website is accurate. However, images are illustrative and colours, packaging, dimensions and other characteristics may vary slightly from their appearance on a screen or from time to time.

You are responsible for determining whether a Product is appropriate for your intended use, subject to any rights you have under applicable consumer law.

Where a Product is intended to be used by, or under the supervision of, a healthcare professional, it must be used accordingly.

Information provided on the Website is general product information and is not intended to constitute medical advice, diagnosis or treatment.

3. Orders

An order submitted through the Website constitutes an offer by you to purchase the Products specified in the order.

We may accept or reject an order, subject to applicable law.

An automated order confirmation acknowledges receipt of your order but does not necessarily constitute final acceptance of the order.

We may decline or cancel an order before dispatch where reasonably necessary, including where:

· a Product is unavailable;

· there is an obvious pricing or Website error;

· payment has not been successfully received;

· we reasonably suspect fraud or unauthorised payment activity;

· delivery to the nominated destination is unavailable or impracticable;

· additional information is required to process or safely fulfil the order; or

· we are prevented from supplying the Product by law or regulatory requirements.

If we cancel an order after payment has been received for reasons attributable to us, we will refund the amount paid for the cancelled Products, subject to applicable law.

4. Prices

Unless otherwise stated, prices displayed on the Website are in the currency identified at checkout.

Prices may be changed at any time before an order is placed.

For Australian orders, prices will include GST where required by law.

International customers may be responsible for additional taxes, duties, tariffs, customs charges, brokerage fees or other governmental charges imposed in the destination country.

Unless expressly stated otherwise at checkout, these amounts are not included in the purchase price or shipping charge and are the responsibility of the customer.

5. Payment

Payment must be made using a payment method made available through the Website, which may include credit or debit card, PayID, bank transfer or another approved payment method.

By providing payment information, you represent that you are authorised to use the nominated payment method.

Payments may be processed by third-party payment providers. Your use of those services may also be subject to the relevant provider’s terms and conditions.

We do not guarantee that every payment method will be available for every transaction or country.

6. Shipping

We offer shipping to destinations worldwide where reasonably practicable and legally permitted.

Shipping charges are calculated based on factors including the destination, Product, weight, dimensions and selected delivery service.

Our usual dispatch timeframe is approximately 3–5 business days after an order has been accepted and payment cleared.

This is an estimated dispatch timeframe only and is not a guaranteed delivery date.

Delivery times after dispatch vary according to destination, carrier, customs processing and other circumstances outside our reasonable control.

We are not responsible for delays caused by customs authorities, postal or courier services, weather events, transport disruptions or other circumstances outside our reasonable control, except to the extent responsibility cannot lawfully be excluded.

7. Customer Responsibility for Shipping Information

You are responsible for providing complete and accurate delivery information when placing your order, including:

· recipient name;

· street address;

· suburb or city;

· state or region;

· postcode or ZIP code;

· country; and

· relevant contact information.

You must also select the correct shipping country, region and shipping method.

If you provide incorrect or incomplete information, including selecting the wrong country or shipping region, and this results in additional shipping or delivery costs, we may require you to pay the reasonable additional amount required to fulfil the order.

We will contact you where practicable before incurring a materially higher shipping cost.

If you decline to pay the additional shipping amount and ask us to cancel the order, this will be treated as a customer-requested cancellation under clause 9.

If an order has already been dispatched to an incorrect address supplied by you, you may also be responsible for reasonable redelivery, retrieval, return-to-sender or replacement shipping costs to the extent permitted by law.

Nothing in this clause limits your rights where the delivery error was caused by us.

8. International Orders

International customers are responsible for ensuring that Products they order may lawfully be imported, possessed and used in their destination country.

Medical-device regulations differ between jurisdictions.

Availability of a Product through our Website does not constitute a representation that the Product is registered, approved or suitable for every use in every country.

You are responsible for any import licences, permissions or other requirements applicable to your purchase or use of the Product, except to the extent that responsibility rests with us under applicable law.

Customs authorities may inspect, delay or refuse entry of international shipments. We are not responsible for customs decisions outside our reasonable control.

9. Customer-Requested Cancellations

We do not provide refunds merely because you change your mind, subject always to any rights you have under applicable consumer law.

This includes circumstances where you:

· decide that you no longer want the Product;

· purchase the wrong Product;

· find the Product cheaper elsewhere;

· provide an incorrect delivery address;

· select an incorrect delivery country or region;

· select an incorrect shipping option; or

· decide not to proceed after being advised of additional delivery costs arising from information or selections provided by you.

You should therefore check your order carefully before submitting payment.

If you request cancellation before dispatch, we may, at our discretion, agree to cancel the order.

Where we voluntarily agree to a customer-requested cancellation and the cancellation is not required as a remedy under applicable consumer law, we may deduct from any refund the reasonable and unavoidable third-party costs actually incurred by us as a direct result of processing and subsequently cancelling your order, to the extent permitted by law and by the applicable payment provider or payment network rules.

This may include payment-processing or transaction costs that have actually been charged to us and are not refunded or recoverable by us.

Any deduction will be limited to the actual unrecoverable cost incurred. We will not deduct an amount that has been refunded or is otherwise recoverable by us.

Nothing in this clause is intended to impose a surcharge for using a particular payment method or to avoid any applicable payment-network rules.

Nothing in this clause limits any right to a refund or other remedy that you have under the Australian Consumer Law or another law that cannot lawfully be excluded.

10. Change of Mind

Except where required by law, Tonomed Australia NZ does not offer change-of-mind returns or refunds.

Please carefully review Product descriptions, specifications, compatibility, quantities and shipping information before placing your order.

11. Medical Devices, Hygiene and Opened Products

Some Products sold by Tonomed Australia NZ are medical devices or products for which hygiene, sterility, patient safety or contamination considerations may apply.

Where a return is not required by applicable consumer law, we may refuse to accept the return of a Product that:

· has been opened;

· has been used;

· has had a sterile or tamper-evident seal broken;

· has been contaminated or potentially contaminated;

· cannot safely be resold for hygiene or patient-safety reasons; or

· has been stored or handled contrary to the manufacturer’s instructions.

These restrictions do not limit any rights you may have in relation to faulty, unsafe, misdescribed or otherwise non-compliant Products under the Australian Consumer Law or other applicable law.

12. Australian Consumer Law

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law where that law applies.

Depending on the circumstances, if a Product fails to satisfy a consumer guarantee, you may be entitled to a repair, replacement, refund or compensation.

For a major failure, consumers may have the right to reject the goods and choose a refund or replacement.

For a failure that is not major, we may generally be entitled to provide an appropriate remedy within a reasonable time.

Nothing in these Terms excludes, restricts or modifies these rights.

13. Damaged, Faulty or Incorrect Products

If a Product arrives damaged, appears faulty or is different from what you ordered, please contact us as soon as reasonably practicable at hello@tonomed.com.au.

Please provide:

· your order number;

· a description of the issue;

· photographs where reasonably appropriate; and

· any other information reasonably required to assess the issue.

We may ask you to return the Product for inspection where reasonable and lawful.

If the Product is entitled to a remedy under the Australian Consumer Law or other applicable law, we will provide the remedy required by that law.

14. Returns

Products must not be returned without first contacting us unless otherwise required by law.

Where a Product is returned because it fails to comply with an applicable consumer guarantee, we will meet reasonable return costs where required by law.

Where we voluntarily accept a return that is not required by law, the customer may be responsible for return shipping and other reasonable costs associated with the return.

Further information is contained in our Refund, Returns and Cancellation Policy.

15. Product Warranties

A Product may be supplied with a manufacturer’s warranty.

Any manufacturer’s warranty is in addition to, and does not replace or limit, rights that may exist under the Australian Consumer Law.

Warranty periods do not necessarily determine how long statutory consumer guarantees apply.

16. Risk and Title

Subject to applicable consumer law, risk in Products passes to you when the Products are delivered to the delivery address nominated in your order.

Title to Products does not pass until we have received full payment for them.

17. Website Availability

We endeavour to keep the Website available and accurate but do not guarantee uninterrupted or error-free access.

We may modify, suspend or discontinue any part of the Website where reasonably necessary.

18. Intellectual Property

Unless otherwise stated, the Website and its content, including text, graphics, photographs, logos, trade marks, Product information and Website design, are owned by or licensed to Tonomed Australia NZ.

You may use the Website for personal and lawful purposes.

You must not reproduce, distribute, modify, commercially exploit or otherwise use our intellectual property without our prior written permission, except as permitted by law.

19. Prohibited Use

You must not use the Website:

· unlawfully or fraudulently;

· to interfere with the Website or its security;

· to introduce malicious software;

· to obtain unauthorised access to our systems;

· to impersonate another person;

· to provide false or misleading information; or

· in a manner that infringes another person’s rights.

20. Liability

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

To the maximum extent permitted by law, we are not liable for indirect or consequential loss arising from matters outside our reasonable control.

Any limitation or exclusion of liability in these Terms applies only to the extent permitted by applicable law.

21. Privacy

We collect, use and disclose personal information in connection with operating the Website, processing orders, arranging delivery, providing customer support and administering our business.

Our handling of personal information is subject to our Privacy Policy and applicable privacy laws.

Payment information may also be handled by third-party payment processors and shipping information by carriers and fulfilment providers.

22. Third-Party Services

The Website may use or link to third-party services, including payment processors, delivery companies and external websites.

We are not responsible for third-party websites or services outside our control, except to the extent required by law.

23. Changes to These Terms

We may update these Terms from time to time.

The Terms applying to an order are generally those in effect when the order is placed, except where a change is required by law.

The current version will be published on the Website together with its last-updated date.

24. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary or, where that is not possible, severed without affecting the remaining provisions.

25. Governing Law

These Terms are governed by the laws of Victoria, Australia.

Subject to any rights a consumer may have to bring proceedings elsewhere under applicable law, the parties submit to the jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.

26. Contact

For questions about these Terms, orders, returns or Products, please contact:

Tonomed Australia NZ

Email: hello@tonomed.com.au