Sale Terms & Conditions
These terms apply when you order or otherwise acquire masks from Sea Sherpa Pty Ltd trading as Masks for Change ABN 28 612 889 291.
Using the masks
We have not performed an analysis as to the effectiveness of the masks. Therefore, we make no guarantees or representations about the use of, fitness for purpose of, or the effectiveness of the masks.
If you become aware of any damage or defect, do not use the masks and notify us within 5 business days.
Price and payment
All prices quoted are in Australian dollars and except as otherwise stated, exclusive of insurance, delivery charges and GST.
We reserve the right to cancel your order if we are unable to fulfil it due to events beyond our reasonable control.
See our Shop FAQs for estimated delivery timeframes.
Except where our liability may not be excluded under the Australian Consumer Law, we are not liable for any loss due to our failure to deliver the masks promptly or at all, other than to refund you where the masks are not delivered at all.
Claims and limitation of liability
Our masks come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
You may be entitled to remedies including a replacement, repair, refund and compensation for any other reasonably foreseeable loss or damage should our masks fail to comply with the consumer guarantees. The limitations of liability set out in these terms are therefore subject to, and will not apply to the extent that they limit or exclude such consumer guarantees.
Except only for those rights and remedies that you have in respect of the masks under the Australian Consumer Law which cannot be lawfully excluded, restricted or modified:
our liability for any loss suffered or incurred in connection with the supply of, and use of, the masks is limited to the price of the masks;
we exclude any liability for Consequential Loss; and
we exclude all conditions, warranties and implied terms, whether statutory or otherwise, in relation to the masks.
A person who is affected by a relevant medical condition - including problems with breathing, a serious condition of the face or skin, a disability or a mental health condition should seek medical advice before they wear a mask.
In these terms, Force Majeure means an act of God, war, revolution or any other unlawful act against public order or authority, an industrial dispute including strike or other labour disturbances, a governmental restraint, a shortage or unavailability of raw materials, production capacity or transportation and any other event not within our reasonable control.
Where Force Majeure prevents or delays us from performing any obligation to you, the requirement to perform that obligation is suspended as long as the Force Majeure continues.
Our agreement is governed by the laws of Melbourne, Australia. We both submit to the jurisdiction of the courts of Melbourne, Australia and courts entitled to hear appeals from those courts.
If a provision in these terms is wholly or partly void, illegal or unenforceable in any relevant jurisdiction that provision or part must, to that extent, be treated as deleted from this agreement for the purposes of that jurisdiction.
In these terms:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts;
Consequential Loss means any loss, damage or costs incurred by a party or any other person that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity;
you means the person that acquires goods from us pursuant to these terms; and
we, us and our means Sea Sherpa Pty Ltd trading as Masks for Change ABN 28 612 889 291.