Terms of Sale

Invisalign Shopify store

Terms and conditions of sale

AUSTRALIA

Your purchase of goods from https://shop.invisalign.com.au (“Website”) is subject to these Terms and Conditions of Sale (“Terms of Sale”) and the Invisalign Shopify Terms of Use (“Terms of Use”).

1. WHO WE ARE. Invisalign Australia Pty Limited ACN 098 357 736 trading as Invisalign (“us”, “our”, “we” "Invisalign") carries on business from the Website. If you do not agree with these Terms of Sale, you may not purchase goods from this Website. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. You and Invisalign may enter into a sale contract for the sale and supply of goods, by you making an offer to Invisalign via the Website, to purchase goods at the specified price, subject to these Terms of Sale.

2. CHANGES TO THIS AGREEMENT. We reserve the right to make changes to this Agreement, in whole or in part, at any time. Changes to this Agreement will be effective when posted on the Website or (if applicable) when we notify you. It is important that you review any changes to this Agreement, because your continued use of the Website indicates your agreement to and acceptance of any changes.

3. RESTRICTION. By using the Website, placing an order, or creating an account, you acknowledge and agree that:

a) You are 18 years of age or older (or, if different, that you agree that you have reached the age of majority specific to your country of residence.)

b) Our Website and Products are protected under copyright, trade secret, and other intellectual property laws. You agree that you are only granted the right to use the Website and Products (including for all Third Party Products) for the purposes described by Invisalign. Invisalign reserves all other rights (including any intellectual property rights) in the Website and You will not modify copy, disassemble, or reverse engineer any Products purchased from the Website.

c) You will not sell, lease, rent, or distribute (e.g. import or export of) any Products, including Third Party Products, purchased through the Website. You agree to use the Products for personal, household purposes.

d) You will not use, nor will you permit any third party to use Products purchased on the Website in a manner that violates any applicable law, regulation.

e) You may be asked to supply certain information in connection with an order, including, but not limited to, a valid credit card number or other payment account information, a billing address, and shipping information, and you agree that all information you provide to us is accurate and current.

f) By placing an order you are opting to self-pay for the Products, even though some Products may be eligible for insurance or other health benefits.

4. PRODUCT AVAILABILITY. All Products offered for sale by us on the Website are subject to availability, and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. We take reasonable care to ensure that the Product descriptions, images and pricing provided to you are up to date and correct.

5. PRICE AND SHIPPING. Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change. Product prices will be indicated on the order page when you place your order. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. We will deliver your order to you as soon as reasonably possible and will endeavor to ship your order within 30 days after the day on which we accept your order. Notwithstanding the foregoing, Invisalign is not responsible for delays outside our control. You will be required to pay for your order via the Website and your order will not be deemed accepted by us until payment processing is complete. We reserve the right to re-charge your payment method if your payment method is rejected. If after you have placed an order and you discover an error in the price of the Product you ordered, please refer “Changes to Orders” below. If you are able to create an account (by providing a user credential and password) on the Website, your account information page may provide a summary of the order and charges processed by us. We will also use your payment method to process orders for Third Party Products (as detailed in “Supplemental Terms for Third Party Products or Services” below).

6. CHANGES TO ORDERS. If you wish to make a change to an order you placed, please contact us. We will let you know if a change is possible. You may cancel an order you have placed through the Website any time up to two business days after your order by contacting our Consumer Support team at invisalignshopau@aligntech.com. You are responsible for any and all loss or damage to the Products once the carrier has delivered the Products to the address you provide to us.

7. GOVERNING LAW. These Terms of Sale and your relationship with Invisalign will be governed by the laws of the State of New South Wales. You and Invisalign agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

8. ADVERTISING AND PROMOTIONAL. We may communicate to you about other Invisalign services, products, or promotions. Additional terms, conditions, and fees may apply. You acknowledge and agree that any interaction, transaction or agreement you have with third parties because of the advertising and promotional messages displayed to you are entirely between you and such third parties. Invisalign is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.

9. PRIVACY. We may collect personal contact details and other information about you through the Website for the purpose of processing your order and facilitating our relationship with you. Our Privacy Policy contains information about how to access or correct personal information that we hold about you, or make a privacy related complaint. We collect your personal information for the purposes of facilitating your purchases, to contact you about our goods and services and other related products and events, to develop and improve our products and for research and analysis We may disclose your information to our third party service providers for these purposes. We may also transfer your personal information to other countries outside of Australia in which Invisalign operates, such as Singapore, the United States of America and the United Kingdom. For a full list of countries in which we operate please see: http://investor.aligntech.com/index.php/static-files/3edcedc9-4451-4bd0-a8ad-151a6a94bf87.

10. WARRANTY. NOTHING IN THESE TERMS OF SALE LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THESE TERMS OF SALE WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS OF SALE TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND (EXCEPT AS MAY BE SET FORTH AND DESCRIBED HEREIN AS TO ANY SPECIFIC PRODUCT), YOUR USE OF THE WEBSITE AND PRODUCTS ARE AT YOUR OWN RISK AND PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND OVER AND ABOVE WHAT IS REQUIRED BY LAW. INVISALIGN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE WEBSITE OR PRODUCTS WILL BE: (I) UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION.

11. LIMITATION OF LIABILITY. EXCEPT IN RELATION TO NON-EXCLUDABLE GUARANTEED, UNDER NO CIRCUMSTANCES WILL INVISALIGN OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE OR PRODUCTS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN RELATION TO NON-EXCLUDABLE GUARANTEES, IN NO EVENT SHALL OUR AFFILIATES OR WE BE LIABLE FOR ANY DAMAGES EXCEEDING ANY AMOUNTS PAID BY YOU.

12. INDEMNIFICATION. You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of this Agreement, your use or misuse of the Website, your misuse of the Products, or your violation of any third-party rights.

13. OUR RIGHT TO TERMINATE THIS CONTRACT. We may at our sole discretion and without notice, restrict, deny, or terminate this Agreement, or suspend the Website or Products, effective immediately in whole or in part, if we determine that you have violated this Agreement or we reasonably believe there is fraud, misuse, a security concern, illegal activity or unauthorized access issues, or termination of this Agreement is required to protect the public interest, to comply with applicable Invisalign policy, if you no longer agree to receive electronic communications, or if your use of the Website conflicts with our interests.

14. ENTIRE AGREEMENT, SEVERABILITY, ASSIGNMENT. This Agreement, including the Supplemental Terms below, is the entire agreement between you and Invisalign regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Invisalign. However, Invisalign may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Invisalign or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Invisalign via our Consumer Support Team at invisalignshopau@aligntech.com

15. SUPPLEMENTAL TERMS FOR THIRD PARTY PRODUCTS OR SERVICES. Certain Products manufactured or distributed by third parties (“Third Party Products”) may be offered on the Website. Your choice to purchase any Third Party Products is at your sole discretion, and all payment, delivery, and any other terms, conditions, warranties, or representations associated with any Third Party Products are solely between you and the third party provider. Any representations, marketing statements, descriptions (including statements regarding ingredients) and claims presented on the Website in connection with a Third Party Product are made by the third party manufacturer or distributor, not by Invisalign. You acknowledge and agree that Invisalign is not responsible or liable for any loss or damage as the result of any Third Party products.

Align and Invisalign, among others, are trademarks and/or service marks of Align Technology, Inc. or one of its subsidiaries of affiliated companies and may be registered in the U.S. and/or other countries.