Terms & Conditions

In these terms & conditions (“Terms & Conditions“), “we”, “us” or “our” means Atama Living. By using this website, you agree to be bound by these Terms & Conditions.  If you do not agree to these Terms & Conditions, you must refrain from using this website or making a purchase from this website.

We may from time to time amend, update or change our website, including these Terms & Conditions, at any time.  Amendments will come into effect from the date they are published on this website.

Copyright

The content contained on our website is protected by copyright. You may use our website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the content on our website, or create any other material using content on our website, without obtaining our prior written consent.

Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.

Hyperlinks

We make no representations about websites accessed through this site which are not maintained, controlled or created by us. We do not endorse these sites and are not responsible for their content.

Links to, or framing of, external sites should not be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this website.

Liability

Information on this site is provided “as is” without warranty of any kind. Information on this website may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. We have a policy of continuous improvement of products and reserve the right to make improvements or changes to products without notice.

Disclaimer

We are not liable for any loss suffered in connection with the use of this website or a linked website.

Photographs are illustrative only and may vary from the products described or offered for sale on our website.

To the extent permitted by law, we do not accept responsibility for any loss or damage which you may suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on the content contained on or accessed through this website.

To the extent permitted by law, any condition, warranty or guarantee which would otherwise be implied into these Terms & Conditions is hereby excluded.

Nothing in these Terms & Conditions excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Australian Consumer Law or any similar law which cannot be excluded, restricted or modified. To the fullest extent permitted by law, our liability to you for a breach of a non-excludable right is limited, at our sole discretion, to the resupply of the products again or the payment of the cost of having the products supplied again.

Return Goods Policy

Australian Consumer Law

Products sold by Atama Living ABN 40134398833 come with guarantees that cannot be excluded under Australian Consumer Law. Consumers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Consumers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

A “major failure” as defined in the Australian Consumer Law broadly is one where a reasonable consumer would not have acquired the goods had the consumer been fully aware of the failure, the goods are unsafe, substantially unfit for purpose or departed significantly from the demonstration model or sample. In this regard you should refer to the Australian Consumer Law.

Consumer guarantees cannot be excluded and are in addition to any express warranty (warranty against defects) you are given.

There may be circumstances where you are not entitled to a remedy.

For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au

Express Warranty

In addition to all rights and remedies to which consumers may be entitled under Australian Consumer Law and any other relevant legislation, Atama Living offers a further Express Warranty for products.

The benefits given to consumers by the Express Warranty are in addition to other rights and remedies that may be available under a law in relation to the products to which the Express Warranty relates. This Express Warranty does not exclude, restrict or modify any such statutory rights or remedies.

Atama Living warrants the products sold by it are free from defects in material and workmanship for the warranty periods specified.

When will goods be accepted for return?

1. When there is deemed to be a breach of a Guarantee under Australian Consumer Law or other applicable consumer protection laws or regulations; or
2. When there is deemed to be a breach of any express warranty given by Atama Living or the manufacturer of the goods, and the goods are returned in accordance with the terms of that warranty.

No change of mind returns

Please choose carefully as returns and refunds are not possible where you have changed your mind, made a wrong selection or found the goods cheaper elsewhere. Please carefully review the goods and ask as many questions as possible to decide the goods are appropriate for you before proceeding with your final purchase.

Assessment and condition of goods for acceptable return

Atama Living reserves the right to assess the eligibility of goods before accepting them for return. This includes reviewing the condition and age of the goods.

All goods that a customer wishes to be assessed for return must be:

(a) accompanied by valid proof of purchase documentation from Atama Living ;

(b) unaltered, unmodified, unmarked, undamaged and complete with instruction manuals, tags, labels and accessories supplied with the goods as part of the purchase;

Please note that it may be necessary for the manufacturer of the goods to inspect the goods in order to assess eligibility for return. Atama Living will endeavour to procure such assessment within a reasonable time.

While goods are being assessed, Atama Living will not be deemed to have accepted the goods for return.

Non-returnable goods

Other than any remedies under Australian Consumer Law or other relevant legislation, goods which are used in a way or environment that would create OH&S and hygiene risks may not be returned. This includes any goods that may have been soiled or exposed to biological contamination. This also includes but is not limited to goods used for: bathroom & bathing; toileting; toileting & hygiene slings; stockings & undergarments; pillows, bedding & protectors; continence products; bracing & supports; compression garments; personal kitchen aids; cutlery & crockery.

Customised or special orders may not be returned

Goods that have been customised or modified to suit the specific needs of the customer or user may not be returned. Goods that have been purchased in specifically for the customer or user and would not normally be held in stock by Atama Living as part of Atama Living range may not be returned unless upon request Atama Living’s supplier accepts the return from Atama Living. Atama Living will endeavour to procure such acceptance within a reasonable time.

Restocking Fee

Atama Living reserves the right to apply a restocking fee of 20%. The customer will be contacted after the goods have been assessed to advise if the restocking fee applies. 

Delivery Charges

Where upon assessment it is confirmed that goods have breached a consumer guarantee under Australian Consumer Law, any shipping costs to return the goods to Atama Living will be at Atama Living’s cost. If the goods have not breached a consumer guarantee under Australian Consumer Law, any shipping costs to return the goods to Atama Living will be paid for by the consumer.

What happens when your goods are accepted for return?

Subject to any obligation of Atama Living at law to the contrary, when Atama Living accepts goods for return:

1. For a failure to comply with a consumer guarantee which is not a “major failure”, Atama Living may either:

(a) have the goods repaired or provide an identical replacement; or

(b) provide a refund of the amount paid for the goods; within a reasonable time.

2. For a failure to comply with a consumer guarantee which is a “major failure” and cannot be remedied, you may either:

(a) reject the goods and choose a refund or identical replacement or one of the same type and similar value (if reasonably available);

(b) keep the goods and get compensation for any drop in value of the goods caused by the failure; or

(c) agree with Atama Living to a repair of the goods; and

3. Under express warranty, Atama Living may either repair or replace the goods or offer a refund in accordance with the express warranty.

If goods are accepted for repair, Atama Living will undertake such repairs within a reasonable time. All repairs will be undertaken as prescribed under the ACL.

Refunds

If you are entitled to a refund under the ACL, your refund will be issued by credit card, cheque or EFT depending on your original payment method for the goods. No cash refunds will be provided.

Network Partners & Resellers

All items returned for credit are at the freight expense of the reseller.
All warranty claims will be taken up with the respective supplier and once resolved i.e. credit obtained or replacement article supplied, the reseller’s claim will be settled.
In general no credit or replacement will be provided prior to the supplier / manufacturer accepting the warranty claim. The PC Manager will be responsible for forming a practical commercial view on this at the time.

Guarantee and Warranties

Atama Living distributes high-quality goods that are generally backed by a manufacturer’s warranty. The extent of this warranty is documented by way of “Written Warranty Statement” provided by the manufacturer with the relevant products supplied to the buyer by Atama Living. If the condition of the product is such as it might or would (subject to these terms) entitle the buyer to claim warranty, to reject or reverse purchase order, or to reject the product, Buyer shall first make written request to Atama Living to fulfil any applicable warranty obligations. To the extent a valid warranty obligation exists, as determined by Atama Living, Atama Living shall then be entitled to take corrective actions within a reasonable time in the manner it deems appropriate, including, but not limited to repair or replacement of the product or refund the price paid for the product. If Atama Living takes corrective action, then Atama Living shall not be liable for any loss or damage of any nature whatsoever arising from and after initial delivery of the product, or the performance of its warranty obligations.

For repair, service and preventative maintenance work performed by Atama Living, Atama Living warrants its work against defects caused by faulty workmanship or materials for twelve months from the date of service and will repair or, where irreparable, replace the same at its expense. The warranty does not apply where any repairs or modifications are carried out otherwise than by Atama Living or an authorised agent. Buyer shall not extend to any end-user warranty terms which are different than Atama Living’s standard warranty terms. Warranty details herein are in addition to your statutory rights that are applicable in your state of purchase. Except as above, all warranties and conditions, whether expressed or implied, as to the goods and their fitness for any purpose are excluded.

Products & Pricing

Atama Living reserves the right to change without prior notice the source of any of its products. Atama Living further reserves the right to discontinue without prior notice any of its product and stock or replacement parts thereof. Atama Living may further change the prices of its products at any time and without prior notice unless otherwise agreed in writing by Atama Living to expressly provide prior notice to buyer. Atama Living will make reasonable effort to provide advanced notice when possible. Billing and payment shall be in Australian Dollars unless otherwise agreed in writing by the parties. Promotional codes are not valid on sale/clearance items, promotional products are subject to availability.

Goods Ex-Warehouse

Unless otherwise agreed in writing by Atama Living and buyer, all products will be sold “ex-works”, Atama Living’s warehouse or distribution centre. Freight charges for delivery to Buyer’s premises will be added separately to the invoice for the goods. In the event that a Buyer chooses to use its own carrier, Atama Living shall be responsible for the loading of the products on departure to Buyer’s carrier. Delivery of products to buyer’s carrier shall constitute delivery to the Buyer; thereafter all risk of loss or damage shall be Buyer’s responsibility with claims submitted to Buyer’s carrier.

Shipping & Delivery

We deliver products using a number of local freight operators. Shipping costs are influenced by the size and weight of the product and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are dispatched within 2-3 business days. Shipping times are estimated at between 2 – 3 days for metro regions and 5 – 7 business days for regional areas. Western Australia Metro & Regional may take longer than 7 days due to transit times. Although Atama Living will make every effort to adhere to an agreed time for delivery, it accepts no responsibility for any loss or damage resulting from any delay however caused.

Your use of the website

You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.

Privacy Policy

Our Privacy Policy explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

Governing Law

These Terms & Conditions are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Contact us

If you need to contact us for any reason, please do so using the contact details below:

Atama Living Customer Care Team

Telephone: 1300 083 661
Address: 49 Temple Drive, Thomastown, VIC, 3074