TRADING TERMS & CONDITIONS
1. Definitions
1.1 The supplier of goods is Erskine Products Pty Ltd ABN: 81056223897, trading as Piksters™, Erskine Dental and Erskine Oral Care. This includes any reference to “we” or “us”.
1.2 The customer or purchaser is anybody who offers to purchase from us and whose offer we accept. This includes any reference to “you” or “your”.
2. Whole Contract
2.1 These terms, as they are displayed on our website in their most recent form represent the entirety of any contract of sale mediated through our website, subject to clauses 2.2 and 2.3.
2.2 Any contract between the customer and supplier incorporates the terms set out in our Privacy Policy and website Terms of Use.
2.3 All other contract terms, conditions, warranties and obligations are excluded to the full extent permitted by law.
3. Orders
3.1 Any advertisement of goods or prices provided by the supplier is an invitation to deal and not an offer.
3.2 When you place an order, including providing payment details you are making an offer to purchase goods from us.
3.3 Any offers made by you are subject to acceptance by us.
3.4 You are solely responsible for ensuring the accuracy of your order.
3.5 If you become aware of any error or inaccuracy in your order you must notify us immediately to facilitate the correction. Changes may not be possible once orders have been prepared for dispatch.
4. Products
4.1 You must review your delivery against your order as soon as it is received.
4.2 Any incorrect, damaged or defective products must be reported to us within 7 business days of receiving your order.
4.3 Any information provided by us about our products is only descriptive and approximate. This includes any images, words, weights and dimensions.
4.4 These descriptions do not form part of the contract of sale unless they are necessarily material to the specific transaction.
5. Pricing
5.1 The prices payable by the customer to the supplier are the ones in our price schedule at the time of acceptance.
5.2 The prices include any relevant GST.
5.3 We reserve the right to correct any inaccuracy of prices advertised prior to acceptance.
5.4 Prices for goods do not include freight. A separate fee for freight may be charged.
6. Payments
6.1 The Customer (Dental) agrees to pay for all goods purchased (Minimum $75 per order), or services provided by Erskine Oral Care within 7 days from end of month. Payment may be made via Electronic Funds Transfer, Cheque, Mastercard, Visa card or AMEX – if on account.
6.2 All other payments are to be made in full and in advance.
6.3 Orders will only be processed once the full payment has been received by us.
7. Warranties
7.1 All goods supplied by us conform with Australian standards and regulations.
7.2 The supplier warrants that any products supplied by them are fit for any advertised purpose.
7.3 We make no warranty about their suitability for any purpose other than those advertised by us.
8. Limitation of Liability
8.1 The supplier’s liability for products that are defective, not of a reasonable standard or not fit for any advertised purpose is limited to the full extent permitted by law.
8.2 Our liability for remedying any defect or inferior product is limited to the purchase price.
8.3 We reserve the right to repair or supply replacement goods.
8.4 Except to the extent provided by 8.1-8.3 the supplier will not be liable for any loss or damage, consequential or otherwise, suffered by the customer or any other person in relation to the goods, including without limitation any damage, defect, failure or inferiority in the goods.
9. Retention of Title and Passing of Risk
9.1 Risk passes with title.
9.2 Title to the goods passes to the customer once:
9.2.1 the full payment has been received by the supplier; and
9.2.2 the goods have been delivered to the customer or their agent; or
9.3 If delivery is refused title passes seven days after the customer is notified that goods are ready for delivery.
10. Returns and Refunds
10.1 No refund, return or exchange is available for “change of heart”
10.2 Erskine Oral Care will guarantee replacement or refund of defective goods within 7 days from dispatch or if the goods are covered by a manufacturers guarantee. The Customer agrees to advise Erskine Oral Care of any goods prior to returning the goods.
An authorisation number will be issued for all returns, on advice by the Customer to Erskine Oral Care.
10.3 Erskine Oral Care reserves the right to refuse claims (goods returns) if not notified within 7 days of the dispatch of the goods. There are NO return of goods that are not faulty.
10.4 With today’s environment no oral care products can be returned due to COVID-19 health restrictions, this includes unopened packets.
11. Promotions
11.1 Any advertised promotion is only valid for new purchases.
11.2 These promotions may be subject to additional terms and conditions.
11.3 Promotions are not available when coupled or approximated with a comparable refund, return or exchange.
12. Administration
12.1 These terms and conditions are to be governed and interpreted according to the laws of New South Wales. The supplier and the customer irrevocably consent and submit to the jurisdiction of the Courts of New South Wales.