Terms and Conditions

Active Mask Pty Ltd (A.C.N 637 134 993)

These Terms will govern the goods provided by us to you.

By purchasing our goods, you agree that you have read, understand and agree to be bound by these Terms. If you are purchasing our goods on behalf of an organisation, you agree to these on behalf of such organisation.

Place an Order with us

To place an order for any of our goods, please complete the relevant order form and return this to us, or alternatively place an order through the ordering section of our website.

Completion of the order form is a binding offer to purchase goods irrespective of whether credit has been provided for the purchase.

Cancellation or Amendment of an Order

You can cancel or amend your order provided such cancellation or amendment received within 2 days of your order placement. Any cancellation or amendment after this date will incur a cancellation or amendment fee of 10% of the total price for the goods ordered in your original order.

We reserve the right to cancel or amend your order in the event we have a shortage of supply for the goods ordered. The price to be paid for the goods will be reduced accordingly or reimbursed if already paid.

Our Responsibilities

We will provide our goods with reasonable care and skill and in compliance with these Terms.

Your Responsibilities

You are responsible for your conduct and ensuring that you comply with these Terms.

Prices and Payment

The price of our goods will be in $AUD at the time of (purchase and) delivery.

Our prices are outlined on our website.  

Where your order for goods is above $5000, you will not be charged any delivery fee.

Where your order for goods is less than $5000, you will be charged an additional delivery fee calculated at the time or order.

The purchase price for your goods is payable at the time of placing your order. You will receive a tax invoice from us, once payment has been made.

Delivery, Risk and Insurance

You bear the risk for goods provided from the moment of delivery to you.

We will endeavour to deliver the goods by the date requested by you, however we will not be held liable, to the extent permitted by law, for any loss or cost incurred by you for any delay caused to the delivery of the goods.

Warranties and Representations

No warranties in relation to results or compliance

We provide no warranty that any result or objective can or will be achieved or attained by you through your use of the goods provided by us to you.

We confirm that our masks are classed as Respiratory Protective Devices pursuant to Australian Standard AS/NZS 1716-2012, and are compliant with the requirements under that standard. We otherwise provide no warranty or representation as to the compliance of our goods provided to you with any specific laws, regulations or rules.

Limitation on liability

To the extent permitted by law, we will not be liable for any injury or loss suffered by the you, or for any claim made against you, under or in connection with these Terms or otherwise in relation to your purchase or use of our goods, whether arising in contract, tort, negligence, breach of statutory duty or otherwise. Furthermore, we are not liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

Indemnity

You must indemnify and hold us harmless from and against all claims and losses arising from loss, damage, liability or injury to us, our employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of, under or in connection with these Terms or otherwise in relation to your purchase or use of the goods provided by us to you.  

No reliance

In purchasing our goods, you acknowledge that you do not do so in reliance on any representation, warranty or other provision except as expressly provided in these Terms. Any conditions, warranties or other terms implied by statute or common law are excluded from these Terms to the fullest extent permitted by law.

Compliance with laws

It is your sole responsibility to comply, at your won cost and expense, with all acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements of any Commonwealth, State and Local Government departments, bodies, and public authorities or other authority that relates to you, your purchase or your use of the goods.

Intellectual Property and Confidential Information

As a Company we respect the right to intellectual property and confidential information and require you to do so as well.

If we provide you with any confidential information, you will keep this information confidential and not disclose it to any third party without prior consent from us or unless legally obliged to do so.

In accordance with the Australian Copyright Council the production of goods to be purchased by you automatically deems us the owner of the intellectual property in the goods. All copyright is reserved.

You must not, or allow any third party to, adapt, amend, reproduce, sell or otherwise deal with the goods purchased by you in a way that infringes copyright or our intellectual property rights in the goods. You must indemnify and hold us harmless from and against all claims and losses arising from loss, damage or liability or injury to us or our employees and third parties as a result of a breach by you of the copyright or our intellectual property rights in the goods.

Returns and Resolving Disputes

 No refunds will be given for goods unless such goods contain a manufacturing fault, in which case refunds will be given at our complete discretion, and we accept no liability (to the greatest extent permitted by law) for any manufacturing fault in the goods.

You agree to resolve any claims relating to our provision of goods, and these Terms, through the use of mediation or arbitration prior to instigating any proceedings.

Jurisdiction and Agreement

These Terms and Conditions are governed by the laws of Victoria, Australia.

These Terms encompass the whole agreement between us and you in relation to the purchase and delivery of the goods purchased by you.

General

Any amendment to these Terms shall not be valid or enforceable unless such amendment is agreed by us in writing.

We are not liable or be deemed to be in breach of these Terms for any delays or failures in performance of our obligations under these Terms, including the provision of goods to you, which result from circumstances beyond our reasonable control.