These terms and conditions, in addition to the Philips Equipment Sales Agreement, form the agreement between you and Philips Electronics Australia Limited ABN 24 008 445 743 of 65 Epping Road, North Ryde NSW 2113 (Philips) for the sale of the products on [www.Philips.com.au/shopLumify] (Web Site). In case of inconsistency between these online terms and conditions and the terms and conditions of the Equipment Sales Agreement, the following order of precedence will apply:

· these online terms and conditions

· Annex I – Additional Terms and Conditions for Lumify Ultrasound Solutions

· Equipment Sales Agreement together referred to as ‘the Agreement’.

The Web Site is intended only for registered health practitioners wishing to order the Philips Lumify Ultrasound Solutions (Product) through the Web Site for delivery in Australia for personal use and not for re-sale. Philips does not accept orders for delivery outside Australia. The terms and conditions under which the Products are offered for sale on this Web Site are set out below. By ticking the ‘I have read and agree’ box on the order form and submitting the order, you accept and agree to be bound by this Agreement.

Philips reserves the right to change these terms and conditions at any time without prior notice. Such changes however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Web Site.

Philips' cancellation policies are set forth in the applicable schedule attached to these Terms and Conditions of Sale.

2.1. To place an order you must be 18 years of age or over, be accessible by telephone and have a valid email address, and be a registered health practitioner in Australia.

2.2. You may place an order by: 2.2.1. Filling in the order form on the Web Site after logging into or creating your personal account and clicking on the appropriate submission button.

2.3. When you place your order, Philips will issue you with an Order Number via the Web Site. Please note the Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.

2.4. By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. Philips may or may not accept your offer at our reasonable discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission. 2.5.

If Philips accepts your order, Philips will notify you of our acceptance by issuing an order confirmation. Philips will send your order confirmation to you by e-mail and this will be effective as of the date on which the order confirmation is sent to you. If Philips cannot accept your order, Philips will attempt to contact you by email or telephone.

2.6. Please note that the on-screen display of the colors, designs or size of products offered on the Web Site may differ from the actual color, appearance or size of the products.

4.1. All prices are in Australian dollars. Prices shall be those prices published on this Web Site at the time you submit your order. The prices published on the Web Site are exclusive of GST and duties, and exclusive of shipping and handling costs, which are for your account. These costs will be calculated separately as applicable and specified on the order form then added to the total price of the order.

The total price stated on the order form you submit shall be the total amount payable by you for the products including all taxes, recycling fee, duties, handling and shipping charges.

4.2. Delivery costs, where applicable, are payable by you as indicated on your invoice.

5.1. You may pay for your Products by the methods of payment displayed on the payment section of the Web Site.

5.2. You must pay in the currency as indicated on your invoice.  

5.3. 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 upon placing your order. Philips will not supply the Products to you nor perform the services until your credit card issuer has authorized the use of your card for payment of the Products and/or services ordered. If Philips does not receive such authorization Philips shall inform you accordingly. Philips reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.

6.1. Orders placed on this site can only be delivered in Australia.

6.2. Philips will deliver the Products to the delivery address you specified in the order form and in accordance with the delivery option you chose. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by Philips are best estimates only and Philips shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given.

In the event any of the Products ordered is out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by Philips. Philips reserves the right to delay delivery until stock is available or replace the order with an equivalent product if the product ordered is no longer available.

6.3. Title to and risk of loss of your Products will pass to you on delivery of the Products

7.1 If a Product was supplied in error, is incomplete or faulty, please call Philips at 1800 251 400 between 9AM and 5PM Monday to Friday In the event that you are entitled to a replacement or repair in accordance with paragraph 8 below, the transportation charges will not be applied.

7.2. Steps to Follow to Claim a Refund:

(i)            Please call Philips at: 1800 251 400 between 9AM and 5PM Monday to Friday to obtain a Return Merchandise Authorisation (RMA) number and return instructions.

(ii)           You are responsible for arranging return shipment to Philips, subject to Cl. 7.1.

(iii)          Before returning any Product(s) please check that you have:

               · Received a RMA number from Philips (issued on request);

               · Enclosed all accessories, in box warranties and other material supplied unless informed otherwise;

               · Used all packaging that was originally supplied if still available;

               · Clearly displayed the returns address and the RMA number;

               · Sealed the packaging securely.

 (iv)          By following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may, subject to applicable laws, forfeit your right to a refund or replacement.

(v)           Please note that Philips reserves the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within this paragraph 7.2. 

8.1. In addition to any Philips manufacturer product warranty available for the Product (‘Philips Warranty’), our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the good repaired or replaced, at Philips’s option, if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.2 The Philips Warranty does not apply to the devices or cables used in connection with the Product.

15.1. Neither Philips failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

15.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.

· To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable

· To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;

· To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;

· To upload or otherwise transmit any material which is likely to cause harm to this Web Site or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to this Web Site or which may cause any defect, error, malfunction or corruption to the service.

In addition, in the event you violate one of these Content Restrictions and you intentionally publicize such violation, you acknowledge that Philips will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.