Terms of Use and Purchase

These Terms of Use and Purchase cover all products and services sold by FOGSEE.

Making an order

All orders are made and paid via our website. You place an order with us by selecting products and pressing the purchase button on the checkout page unless otherwise specified.

We reserve the right to accept or reject any order for any reason, including without limitation, unavailability of product, an error in the price, image or the product description, or error in your order.

Orders are marked as received and final by FOGSEE at the time of successful payment in whole.

We only accept orders from mainland Australia, Tasmania and New Zealand. We will reject orders made from all other locations.

Products

We use our best endeavours to ensure the products ordered are available for delivery. We will notify you where a product is unavailable before you complete your order in most cases. However, you acknowledge that this is impossible in some cases. FOGSEE may need to reject an order you have placed for a product where FOGSEE establishes that it is unavailable for delivery. In such cases, FOGSEE will refund in full all amounts you paid in respect of such unavailable product.

FOGSEE cannot provide rainchecks for products ordered online, and where permitted by law, reserves the right to limit the sale of products to reasonable or standard quantities.

The colour of products listed on our store may differ from that which is pictured due to lighting and your screens settings.

Pricing and tax

Pricing is subject to change. Additional fees apply in some circumstances, as described in these terms. All prices are listed excluding GST and charged in Australian Dollars.

FOGSEE may vary the prices on our website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between trade events, in-field prices, and those found on this website.

10% GST is applied to all mainland Australian and Tasmanian orders. Orders made by New Zealand customers will not attract GST.

We list our prices excluding GST because you will claim the GST back in full and, therefore, would not accurately represent the accurate price of the product.

New Zealand customers may be charged VAT directly at customs based on declared value.

Fees and service charges

New Zealand customers may be charged an international transaction fee by their bank. You'll need to contact your bank to discuss these charges.

If a refund is processed to a credit card, you will incur a transaction fee of 2.75% + $0.30, which will be subtracted from your refund.

Backorders

We'll run out of certain stock items from time to time while waiting on our suppliers to replenish our stock. You'll still be able to add these items to your cart and pay for them. Once we have the products in stock, you'll receive a notification that they've been shipped to you.

Shipping and delivery

Courier sends all orders to your nominated address. Shipping cost and the carrier will be calculated at the cart based on your location and charged for each order. Orders will not be shipped to PO boxes or remailing services.

Orders will be shipped once the order is paid in full. Orders which contain special order items will be shipped in phases with the in-stock items first, then the special order or custom-made items once are received from the manufacturer.

You are responsible for the cost of shipping returns, replacements, repair assessments, and warranty claims to FOGSEE .

Once the tracking number is provided, and the package has been released to the carrier, FOGSEE is unable to access the package or adjust the delivery time, location, date, or speed of delivery.

FOGSEE shall not be liable for any damages, losses, or expenses incurred by you if FOGSEE fails to meet targeted delivery dates due to factors outside of our control.

Expected delivery windows are between 4-10 business days for metro Australia and 5-12 business days for all other areas unless otherwise stated.

Once an order is shipped, the title (ownership), risk of loss, and damage during shipment pass from FOGSEE to you.

Store pick up

Due to strict infection control, regulatory compliance, and tracking procedures, store pick up is not available for any order.

Cancellations

If you cancel a face-to-face course registration more than 72 hours from the event's published start time, FOGSEE will issue a credit for the next course.

Due to ever-changing quarantine restrictions, some face-to-face courses may be canceled, delayed, rescheduled, or delivered in an alternate format. If FOGSEE makes a change to the time, place, or manner of course delivery and you're no longer able to attend, we'll issue a credit for the next course.

Returns

Our returns policy is in addition to your rights under the Australian Consumer Law.

If you believe you have purchased a faulty product, you must provide proof of purchase to receive a refund, replacement product, or repair within 10 days of receiving the product. Proof of purchase may be your original receipt, credit card statement, or any other form of evidence.

When returning you will be required to provide relevant information to your return, including adequate proof of purchase to satisfy legislative requirements. If you do not provide this information, we won't be able to process your return. Return postage will be borne by the purchaser, which may need to go back direct to the original manufacturer.

Note - Change of mind on non-faulty goods is not accepted after an order is despatched.

If you realise you've incorrectly placed an order prior to our shipping – call us immediately, we might be able to cancel the order, credit your account, and help you to place a new order.

Warranty

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. FOGSEE warrants that its products shall conform to the specifications provided by the manufacturer; and are free from defects in material and workmanship.

FOGSEE shall not be liable for:

any defects that are caused by neglect,
misuse, or mistreatment of its products by you, patient, or any third party;
any defects that are caused by failure to follow directions including (but not limited to) failure to replace reline or maintain appliances;
any products that have been altered or modified in any way by an individual or entity other than us;
any products being used in combination with FOGSEE products, not limited to customer's operating system, internet browser, or associated software or hardware; or
any defects or errors that result from errors in submitted records or instructions for such products.
Any time or labour costs incurred by you.

This limited warranty expires 365 days after shipment of the product unless otherwise specified by the manufacturer.

If any FOGSEE product fails to conform to the warranty above, you can complete a damage/fault assessment request.

Promotions & discounts

Promotions may be advertised from time to time. The discounts cannot be used in conjunction with any other offer. Unless expressly mentioned, all coupons exclude No discounts will be applied after an order is completed or where a coupon code or voucher was not applied during the transaction. Promotions run from the date of publication until midnight of the end date unless otherwise specified in the promotional material.

Restrictions

FOGSEE reserves the right to reject any request for a refund, exchange, or credit if you or your patient has failed to comply with product instructions for use.

Secure online shopping

You are responsible for the safe keeping of your username and password, as you are liable if an unauthorised person uses your account.

We use industry-standard 256-bit encryption. Our Secure Server Software locks all critical information passed from you to us, such as personal information, in an encrypted envelope, making it extremely difficult for this information to be intercepted.

FOGSEE can't fully guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Card information

FOGSEE does not capture or store your credit card information at any time - even temporarily. No part of the FOGSEE Online Shopping site can access your credit card information, giving you additional peace of mind.

Third-party content

Our website may contain information from hyperlinks to websites operated by third parties. We provide this information and hyperlinks for your convenience only, but we're not responsible for and do not necessarily endorse the content of any such information or website.

Privacy

The Privacy Act 1988 imposes obligations on us for how we collect and record information relating to your orders or how we offer customer support for our products.

We will collect your personal information for the purposes of providing our products to you, ongoing product care including investigations, and providing you with information relating to our range of products.

If we cannot collect important initial or additional information about you, we won't be able to support you as a customer and will cease trading with you.

Force majeure (things outside of our control)

Sometimes, things outside of our control may affect us servicing you or your account. In this situations, we cannot be in default or breach of these terms because of any failure of our performance if such failure results, whether directly or indirectly, from fire, explosion, strike, flood, freight embargo, an act of God, or war, civil disturbance, an act of any government, de jure or de facto, or any agency or official thereof, labour shortage, transportation contingencies, severe weather, a default of manufacturer or supplier, quarantine or restriction, epidemic or catastrophe, or other conditions beyond the control of FOGSEE .

Support

The support provided by our team is technical in nature and offered when and where we can. It is solely at our discretion to provide or not provide technical support, especially what can be freely gained from the manufacturer or online sources.

Any advice provided is general in nature and specific to the products' correct use, it does not take into account the specifics of your case or your patient management.

Revisions to these terms

We may revise these Terms of Use and Purchase at any time at our absolute discretion by posting revised terms; these revisions will be effective immediately.

If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.