Your shopping cart is empty.

Terms

In this policy, “us”, “we”, “our” or “Leef” refers to Leef Independent Living Solutions Pty Ltd, the operator of this website; and “you” or “your” refers to the person using or viewing this website for any reason whatsoever (including, where relevant, to purchase Products or Services promoted on this website).

These terms of use, and the terms of our Privacy Policy (referred to below), (Terms) govern your use of, and access to, this website, the content of this website and Products and Services purchased on this website.

We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these Terms. If you object to any of the Terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.

These Terms were last updated on 19 October 2017.

 

1. Website Availability, Access and Content

 

1.1 Access

While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any feature or service on the site at any time without notice.

We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

 

1.2 Conduct

You must not use, or attempt to use this website:

  1. in breach of any applicable laws of the State of Victoria, Commonwealth of Australia, or local laws in your jurisdiction
  2. to impersonate any person or entity
  3. to solicit money, passwords, personal information or other property from any person or entity
  4. to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
  5. to publish or facilitate publication of personal information of a third party without their consent
  6. to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
  7. to publish or facilitate publication of pornographic or offensive material
  8. to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
  9. to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so.

Breaching of these rules of conduct may result in termination of your access to this website and prevention of further access without warning or notice.

 

1.3 Privacy

Please review our Privacy Policy, which also governs your use of this website, to understand our practices.

 

1.4 Copyright

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.

This website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:

  1. Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act; and
  2. Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser's cache).

 

1.5 Third Parties

Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.

Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.

Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.

 

1.6 Information

Your use of this website is undertaken at your own risk.

All Products and Services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:

  1. Human error in entry of information

  2. Incorrect information provided to us by suppliers or distributors

  3. Failure of suppliers or distributors to supply updated information to us

We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, Products and Services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.

By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.

 

2. LEEF Online Sales and Website Accuracy Agreement

 

2.1 Ordering

 

2.1.1 Minimum Age and Legal Capacity

Purchasing Products or Services on this website is restricted to individuals 18 years of age or older. 

Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.

Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

 

2.1.2 Contract formation

Leef’s website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply Products and Services. When you order Products and Services from Leef, this constitutes an offer from you to buy those Products and Services in accordance with these Terms. Leef’s acceptance of your order occurs (and the contract is formed) when the Products are dispatched to you.

 

2.1.3 Order Process

You may order Products and Services from Leef by completing and submitting the checkout process on Leef’s website. You must provide all required information (including name, email address, and payment details) or Leef may not be able to process your order.
 

2.1.4 Leef’s discretion in rejecting orders

Leef reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you. If Leef rejects your order (or part of the order), any money paid by you in relation to the rejected part of that order shall be refunded and Leef shall have no further liability to you in relation to the rejected part of that order.

 

2.2 Prices

Except where specifically stated in relation to a particular Products and Services, the prices for the Products and Services are stated and are payable in Australian dollars (AUD). Any currency conversion will take place online at the rate applicable at the time of purchase.

Where you and Leef agree to a variation in the quantity of the Products, the Products shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of Leef.

Leef may vary any prices on Leef’s website at any time and without notice to you.

 

2.3 Taxes and other charges

Except for Australian Products and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order. You shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to your order.

 

2.4 Payment

All orders on this website must be pre-paid before fulfilment. All orders are placed in Australian dollars. In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider in circumstances where this is required. In the case of offline payment, we will contact you to arrange payment. This process must be completed before your order can ship. In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, or cheque dishonour, we do not warrant that stock will be held until an alternate payment method is available or the original payment method made to function.

 

2.5 Availability

All orders are subject to the availability of Products and Services. If for any reason Products or Services are not available, Leef will endeavour to notify the non-availability on this website. Leef may revise the range of Products and Services or the specification of any Products or Services at any time and without notice to you.

 

2.6 Cancellation of orders

Where Products and Services are listed on Leef’s website with an incorrect price or with incorrect information, Leef reserves the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by Leef, Leef will refund the amount paid by you in relation to that order.

Leef may cancel your order any time. Any variation, waiver or cancellation of your order shall have no effect unless accepted in writing by Leef. Where Leef accepts cancellation, Leef may levy a handling charge of up to 15% of the price.

 

2.7 Delivery of Products and Services

Once Leef has confirmed acceptance of your order, Leef will endeavour to dispatch your order within three (3) business days unless a different timeframe is specified in relation to a particular Products and Services. If Leef is unable to dispatch your order within the time frame specified Leef will endeavour to contact you and advise you of the expected dispatch date.

Leef provides a  convenient delivery service straight to your door step. From the time your order is placed, standard delivery normally takes between 3 and 7 business days for your delivery to arrive. In addition, Leef offers a premium delivery service which guarantees even faster delivery, 1-5 business days depending on your locality. Please enquire about this premium service.

On rare occasions, Leef may reserve the right to charge freight where a delivery address is in a remote location which is not serviced by the company’s elected freight   service. The customer will at all times be consulted prior to applying such charges.

Leef reserves the right to dispatch your order in one delivery or by instalments. Failure to deliver any instalment shall not entitle you to repudiate the contract as to any instalments already delivered. 

Any quotations of delivery times by Leef are made in good faith but are estimates and Leef shall not be bound by such quotation and Leef will not be liable for any loss, expense, or other damage caused by any delay in delivery.

You may specify delivery instructions for an order (for example, you may authorise the delivery agent to leave the Products and Services in a specified location if you will not be at the delivery address). Leef will not be responsible for any order that is delivered in accordance with your delivery instructions.

Delivery charges vary depending on the size and weight of your order and your chosen delivery address.

Our couriers do not operate on weekends or public holidays. Please be prepared for slight delays to your delivery around Christmas, Easter and public holidays.

Leef uses courier services to ship your order and therefore you must supply a street address as PO boxes are unable to be delivered to. As with most delivery services, the couriers that will deliver your order do not have a standard or set time of the day that Products are delivered. Your order will be delivered on Weekdays only from Monday to Friday and generally only during business hours 8am-6pm. During your checkout process there will be some special delivery instructions comment box if you have any special requests. Please note: not all requests will be able to be made, however we will attempt to ensure we provide the best service we can.

If you are not home when the courier attempts to deliver your order they will typically leave a note or calling card. This calling card usually contains the details needed to contact the courier to arrange a suitable re-delivery date. The courier will attempt to deliver your order two times however if for any reason you do not contact them and/ or they are unable to contact you, the delivery may be returned to us.  If returned, we will contact you and either arrange another delivery (at an additional cost to you), or we will arrange a refund of the order value less any incurred delivery costs.

Leef will notify you when your order has been dispatched.

While many items will be shipped assembled and ready to use upon delivery, many will also arrive unassembled. This is especially true of larger or more complex items being delivered outside of the Melbourne area. So, keep this in mind if you are ordering an item for an older family member located outside of Sydney. To double check if an item will require assembly please contact our customer service team.

 

2.8 Liability for shortages in the quantity of Products delivered

Liability for shortages in the quantity of Products delivered is limited to making up the shortages. Where you believe that there is a shortage in the quantity of Products and Services delivered, you must notify Leef of any such claim within 7 days of delivery and must provide Leef with a reasonable opportunity to investigate that claim.
 

2.9 Liability for loss or damage in transit

Leef will not accept any liability for loss or damage in transit. You will be responsible for arranging insurance against damage or loss during transit.

Products leaving Leef’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier. To support any claim against the Courier you would be advised to do the following:

  1. Prior to acknowledging delivery to the carrier, you must ensure that the complete consignment as per the carrier’s note has been received.
  2. Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
  3. Within 7 days of receipt of consignment you must ensure that all Products received are in good order and condition.

While no liability for Products damaged or lost in transit will be accepted by Leef details of any claim should be advised to Leef.

 

2.10 Return of Products for Credit or Refund

Products supplied in accordance with your order can only be returned with the express approval of Leef. Only Products deemed faulty by Leef at Leef’s sole discretion will be accepted for return.

Requests to return Products must be submitted within 7 days from the date of shipping and the original invoice number must be quoted.

Where Products are accepted (for credit or refund at Leef’s discretion) they must be delivered at your expense into Leef’s store or warehouse in original condition and packaging. Returned Products and Services are your responsibility until they reach Leef. Leef shall not be responsible for misdirected shipments or Products and Services lost or damaged in transit.

Leef reserves the right to levy a restocking fee against any returns Leef may agree to accept. Such fees may be up to 15% of the invoice priced or $80, whichever is higher, and levied at Leef’s absolute discretion.

Any refunds (at Leef’s discretion) will be refunded in the form of the original payment method used by you.

 

2.11 Liability and Maintenance Guarantee

To the maximum extent permitted by law, Leef disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any Products and Services or any information supplied to you by Leef including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, Leef’s liability to you (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a Products and Services supplied to you by Leef shall be limited to the price paid by you for that Products and Services.

To the maximum extent permitted by law, Leef will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with your access to, use of, or reliance upon, any Products and Services or any information supplied to you by Leef.

In lieu of any warranty, condition, or liability by law, Leef’s liability in respect of any defect in or failure of the Products supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 3 months of the date of supply, provided always that such defective parts are promptly returned to Leef, unless otherwise arranged. All software is excluded from any such warranties.

At the termination of the appropriate period (ie guarantee period) all liability on Leef’s part ceases.

The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

Leef’s liability under this contract and the warranty in this clause is confined to you named in this contract, it being agreed that Leef has no liability to any buyer of the Products from you in that your rights under the contract are not assignable without the prior written consent of Leef.

 

2.12 Errors or Omissions

Leef is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to Leef’s administrative processes, errors (if any) may be discovered up to 30 days after the Products have been delivered to you. Leef will notify you promptly of any error or omission discovered by Leef, and give you the option of returning the Products for a full refund.

 

2.13 Ownership

Ownership of all Products sold by Leef (“the Products”) is retained by Leef until Leef has received the full price for the Products and Services and the applicable delivery charges. This provision is designed to protect Leef in the event of the bankruptcy, receivership or liquidation of you, a seizure of Products by a creditor of you or default in payment.

Until full payment is made you agree to:

  1. Enable the Products to be readily identifiable as the property of Leef.
  2. Maintain the Products so supplied in good order and condition and to return the Products immediately if called upon to do so by Leef.
  3. On a sale or other realisation of the Products you shall identify and separately account for the proceeds of sale.

 

2.14 Risk

Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), you assume full responsibility for and risk in the Products and Services.

 

2.15 Description of Products and Services

Modifications and improvements to Leef’s Products and Services, prices and data are constantly being made.

Although Leef has endeavoured to ensure that the Products and Services and pricing information provided on its website is accurate, complete, and current, Leef does not provide any representations or warranties as to its accuracy, completeness or currency of information, and Leef shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

Leef also relies on information from its suppliers and Products and Services manufacturers and therefore the descriptions, illustrations and literature are not binding on Leef.

Images on the leef.com.au website are indicative only. A Good and Service may have a different shade or size as to what is represented online.

If the Products do not match the description on Leef’s website, you should inform Leef immediately so that Leef may take the appropriate action.

You understand that items ordered online may require assembly.

 

3. General

 

3.1 Jurisdiction

These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these terms.


3.2 Limitation of Liability

Your use of this website is undertaken at your own risk.


All Products and Services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:

  1. Human error in entry of information
  2. Incorrect information provided to us by suppliers or distributors
  3. Failure of suppliers or distributors to supply updated information to us

We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, Products and Services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.

By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.

In the case of Products or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those Products and Services.

If Products and Services have a specified maximum user weight limit you must ensure that the total load placed on Products and Services does not exceed the specified weight limit

Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from this website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.

You agree to indemnify and keep indemnified Leef from and against all costs, losses, damages and or claims made against Leef arising or in any way connected to any accident or injuries to you or any other person, including property claims or expenses arising from or in connection with the use of the Products and Services to you.

The liability of Leef for a breach of a term or condition implied by the Trade Practices Act 1974 (as amended), shall be limited at Leef’s option to the replacement of the approved Products and Services, or the supply of equivalent approved Products and Services, or the payment of the cost of replacing approved Products and Services.

 

3.3 Force Majeure

Leef shall not be liable to you for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the Products, or failure to perform any term of this contract where such delay or failure is outside Leef’s reasonable control.

 

3.4 Compliance

You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any Products and Services you purchase from Leef.

 

3.5 Changes to these Terms

Leef reserves the right to change these Terms from time to time by publishing the changed terms on Leef’s website. When revised Terms are published on this website, all orders submitted by you after the revised Terms are published shall be subject to the revised Terms.

 

3.6 Severability

If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

 

 

4. Hire

Please read all terms below carefully before hiring an equipment.

  1. All new hires will be charged for a minimum two (2) weeks hire charge.
  2. Hire stock subject to availability.
  3. Hire prices are charged in (min) weekly period.
  4. Hire stock is available to purchase by client upon agreeance by Leef.
  5. The period of hire shall commence on the date of delivery/pick-up of equipment from Leef, and shall cease on the date when equipment is returned, complete of all its components, to Leef.
  6. Payment method for invoice settlement include: credit card, electronic funds transfer, and/or cash.
  7. Payment must be paid prior to, or upon receipt of, receiving the hire equipment.
  8. Credit card details and proof of identification must be supplied at the commencement of hire. Credit card details will be recorded during the hire period.
  9. Delivery and collection fees to, and from, the client’s residence apply. Any relevant delivery charge must be paid no later than at time of delivery. Any relevant collection charge must be paid at time of equipment collection.
  10. Hire prices are quoted on a weekly basis, subject to change without notice.
  11. Hire equipment remains the property of Leef. A replacement cost will be charged for any lost or damaged equipment by the hirer.
  12. All equipment should be returned to Leef in good working order. If any repairs or excessive cleaning is required, then the client shall be liable for relevant costs.
  13. All equipment is sanitised prior to delivery.
  14. All repairs are to be conducted by Leef only. Please contact Leef to arrange the repair of equipment.
  15. The client assumes all liability for any injuries and/or damages that may be caused or sustained through the operation of the hire equipment.
  16. Leef may end the hire agreement if:
    1. payment is not received by the due date; and/or
    2. equipment is damaged or misused.
  17. For accounts in arrears, Leef reserve the right to deduct outstanding costs to the nominated credit card, either for hire costs or replacement costs for non-returned equipment.

All hire items can be purchased during the hire period. Please contact us for the best price possible for the items you are hiring. As a guide 50% of what has been paid in rental fees is typically deducted from the purchase price up to a limit of 50% off the normal sell price. For items purchased during the first two weeks of hire, 100% of the paid hire fees is deducted from the purchase price.

Download Our Hire Brochure (PDF)

Download Delivery Fees & Information (PDF)

 

Scroll Top