Terms & Conditions
Effective Date: February 23, 2025
Welcome to UseBreathy. These Terms and Conditions ("Terms") govern your access to and use of our website, https://usebreathy.
If you do not agree to these Terms, you must not use our Website or purchase our products.
Definitions
- "Website" refers to https://usebreathy.com.
- "User", "you", or "your" refers to any person accessing or using our Website.
- "Products" refer to the breathing aid strips sold through our Website.
- "Services" refers to any services we provide in connection with our Products or Website.
Use of the Website
Eligibility
To use this Website, you must be at least 18 years of age or have the consent of a parent or legal guardian. By using our Website, you represent and warrant that you meet this eligibility requirement.
User Account
If you create an account on our Website, you are responsible for maintaining the confidentiality of your account details, including your username and password. You agree to accept responsibility for all activities conducted under your account. We reserve the right to suspend or terminate your account if we suspect unauthorized or fraudulent activity.
Products and Services
Product Information
We strive to provide accurate descriptions of our Products. However, we do not guarantee that the descriptions, images, colors, or other content on our Website are accurate, complete, or error-free.
Availability
All Products are subject to availability. We reserve the right to limit quantities or discontinue Products at any time without prior notice.
Medical Disclaimer
Our breathing strips are designed to enhance airflow and improve breathing comfort. However, they are not a medical device and should not be used as a substitute for professional medical advice or treatment. If you have a medical condition affecting your breathing, consult a healthcare professional before using our Products.
Orders, Payments, and Pricing
Order Acceptance
All orders placed through our Website are subject to acceptance. We reserve the right to refuse or cancel any order for reasons including but not limited to:
- Errors in pricing or product descriptions.
- Suspected fraudulent activity.
- Issues identified by our payment processing system.
Payment Methods
We accept Visa, MasterCard, American Express, PayPal. By submitting your payment details, you confirm that you are authorized to use the payment method provided.
Pricing and Taxes
All prices are listed in Australian Dollars (AUD) and include Goods and Services Tax (GST) unless otherwise stated. Prices are subject to change without prior notice.
Shipping and Delivery
Shipping Policy
We ship Products within Australia. Estimated delivery times and shipping fees are provided at checkout. We are not responsible for delays caused by third-party carriers or unforeseen circumstances.
Risk of Loss
The risk of loss and title for Products pass to you upon our delivery of the item to the carrier.
Returns, Refunds, and Consumer Rights
Change of Mind Returns
If you are not satisfied with your purchase, you may request a return within 15 days of receiving the Product, subject to our Return Policy. The Product must be in its original, unused condition, and return shipping costs are the responsibility of the customer.
Faulty or Defective Products
Under the Australian Consumer Law (ACL), you are entitled to a refund, repair, or replacement if a Product is faulty, defective, or does not match its description. If you believe your Product is faulty, please contact us at info@usebreathy.com with details and supporting evidence (e.g., photos).
Refund Processing
Approved refunds will be processed via the original payment method within 7-10 business days.
Intellectual Property Rights
Ownership
All content on this Website, including text, graphics, logos, images, audio, video, and software, is owned by UseBreathy or its licensors and is protected by Australian and international copyright, trademark, and intellectual property laws.
Restrictions
You may not reproduce, distribute, modify, or exploit any content from this Website without prior written consent from us.
Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for any indirect, incidental, consequential, or special damages arising from the use of our Products or Website.
- Our total liability to you for any claim shall not exceed the amount you paid for the relevant Product.
- Nothing in these Terms excludes any liability under the Australian Consumer Law that cannot be lawfully excluded.
Indemnification
You agree to indemnify and hold harmless UseBreathy, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of our Website, Products, or any breach of these Terms.
Privacy and Data Protection
Your use of our Website and any personal information you provide is governed by our Privacy Policy. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in handling personal data.
Governing Law and Dispute Resolution
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting on our Website. Your continued use of our Website constitutes acceptance of the revised Terms.
Contact Information
If you have any questions about these Terms, please contact us at:
Email: info@usebreathy.com
Phone: +61 456 873 389
Important Considerations
- Ensure Compliance: This document complies with Australian Consumer Law (ACL), but you should consult a legal professional to ensure full compliance.
- Medical Disclaimer: Since Breathy strips are not a medical product, it is crucial to clarify that they do not replace medical treatment.
- Privacy and Security: If collecting customer data, ensure your Privacy Policy aligns with the Privacy Act 1988 (Cth).