Terms and conditions IT

1. These terms

1.1 What these terms cover.

1. Whilst CellAED, our portable automated external defibrillator (AED) product (the Product) is not currently available for general sale, these are the terms on which we will reserve Products for you during the pre-sale period.
2. These terms cover pre-sales of Products by RRR International Pty Ltd (trading as Rapid Response Revival) to customers through our website: www.cellaed.io who are: (a) individual consumers; and (b) business customers, for personal and own-business use.
3. If you are a wholesaler, reseller or otherwise wish to purchase Products other than for your own private or internal business use, then please contact us at [email protected] to discuss your pre-sale order as you may not reserve Products through the pre-sale option on our website and such pre-sale orders may be cancelled by us, at our discretion.

1.2 Why you should read them. Please read these terms carefully before you submit your pre-sales order to us. These terms tell you who we are, how we pre-sale Products, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. You should print a copy of these terms or save them to your computer for future reference.

2. Information about us and how to contact us

2.1 Who we are. We are RRR International Pty Ltd (trading as Rapid Response Revival), a company registered in Australia. Our company registration number is ABN 53 631 593 470 and our registered address is 126 Bonds Road, Riverwood NSW 2210 Australia. How to contact us. You can find out how to contact us on the 'Contact' page of our website.

2.2 How we may contact you. we have to contact you regarding your pre-sale order we will do so by writing to you at the email address or postal address you provided to us or calling you on the telephone number you provided to us in your pre-sale order. We may also contact you for other purposes where you have consented to this as part of visiting our website or placing your pre-sale order.

2.3 Language. These terms are made only in the English language.

3. Our contract with you

3.1 How we will accept your pre-sale order. Placing a pre-sale order and making any pre-sale order payments does not guarantee availability of the Product, but represents an offer from you to buy one or more units of the Product when it becomes available, subject to these terms. We will confirm our acceptance to you by sending you an email that confirms your pre-sale order for the Product. Our contract for the pre-sale order shall become binding upon receipt of that confirmation.

3.2 How we will provide the Product to you. We may make the Product available to customers on a purchase basis, a rental basis or both. We will inform you of the basis upon which the Product is made available and any associated terms and conditions before you place your final order for the Product.

3.3 Staying in touch before dispatch of the Product. We shall contact you from time to time, following the placement of your pre-sale order, to keep you informed of updates in respect of the Product and also scheduled dates for release of the Product. For more information on how we may use your information to stay in contact with you please see our [ Privacy Notice ] .

3.4 Final order. Prior to when the Products in your pre-sale order are ready to be dispatched we shall contact you and provide all pre-contract information that you require (and which we are required to provide to you by law) in respect of your order for the Product. This will include final details of the basis upon which we are making the Product available to you (purchase and/or rental), the price and/or other charges (including all delivery charges), the delivery arrangements and your rights as a consumer of the Product. Additional terms and conditions will apply to the supply of the Products and we will provide a copy of these to you. We will ask you to confirm: (1) that you still wish to purchase/rent the Products in your pre-sales order and provide you with information on how to complete your purchase/rental, including payment details; and (2) your acceptance of our terms and conditions which apply to the purchase/rental of the Product. Once we have received the foregoing confirmation and acceptance and payment for the Products we will send you an e-mail to confirm the purchase and to advise you of the scheduled date for dispatch of the Products ( Final Order Confirmation). The contract between you and us for the sale/rental of the Products will only be formed when we send you the Final Order Confirmation.

3.5 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.6 If we cannot accept your pre-sales order. We reserve the right to accept or reject your pre-sales order. If we are unable to accept your pre-sales order, we will inform you of this in writing and we will refund you in full for the amount paid for the pre-sales order (see clause 8). This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product. Where we offer the Product on a discounted price, we reserve the right to place a limit on the number of Products that can be ordered for the discounted pre-sale price.

3.7 Your order number. We will assign an order number to your pre-sales order and tell you what it is when we accept your pre-sales order. It will help us if you can tell us the order number whenever you contact us about your pre-sales order.

3.8 We only sell to certain locations. Our website is solely for the promotion of our Product in the locations on our https://cellaed.io/. Unfortunately, we do not accept pre-sales orders for delivery to customers outside of the locations. If you are in a location outside of those listed and you agree to us contacting you, we can let you know when the Product is available in your location.

4. Our Product and Our right to make changes

4.1 Product may vary slightly from the Product pictures. The images of the Product and packaging on our website are for illustrative purposes only.

4.2 Changes to the Product. We have included a description of our Product on our website. We may make changes to the Product from the specification set out on our website at the time you make your pre-sales order. Such changes may be required to reflect changes in relevant laws and regulatory requirements relating to the sale of medical devices or to implement minor technical adjustments and improvements, for example to address a security threat. The final specification of the Product and any changes will be made known to you before you place your final order for the Product, in accordance with clause 3.43.2.

5. Your rights to make changes

If you wish to make a change to your pre-sales order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 - Your rights to end the contract).

6. Providing the Products

6.1 Products not for resale. We only supply the Products for personal use or for internal use by your business, and you agree that you are not entitled to order pre-sales Products for any commercial resale purposes. We reserve the right to cancel any order, upon written notice, where this has been placed for Products which will be used for commercial resale. If you are a wholesaler or other reseller contact us at [email protected] to discuss your requirements.

6.2 Delivery costs. We are unable to determine the exact arrangements and costs of delivery during the pre-sales phase. The delivery arrangements and the method by which we will calculate the costs of delivery will be displayed on our website in due course and the exact delivery costs will be notified when we contact you to complete the purchase of the Products under clause 3.4.

6.3 You may need to pay import duties and taxes. Delivery of the Products may be subject to import duties and taxes which are applied when the delivery reaches you. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes, which will be notified to you and included as part of the pricing for your final order.

6.4 When will we provide the Product. During the pre-sales phase, we will keep you updated in relation to the release date of the Product. We will let you know when the Product has been released for general sale at which point we will also provide you with an updated estimated delivery date. The scheduled dispatch and delivery date will be confirmed in the Final Order Confirmation.

6.5 We are not responsible for delays in the release date. The release date for the Product is dependent on the progress of our development and manufacturing processes, so any estimated dates provided on the website and in our communications with you are subject to change. We will use our reasonable efforts to contact you as soon as possible to let you know about any delays in the release date. We will not be liable for any changes to the release dates advertised by us.

6.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, your contact details, or the applicable language for the Product. If so, this will have been stated in the description of the Product on our website or otherwise notified to you. We will contact you to ask for this information, if it has not been provided by you in the pre-sale order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make delivery of the ordered Products subject to an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7. Your rights to end the contract

7.1 You can always end your contract with us. You can cancel your pre-sales order and end the contract with us at any time before you place the final order in accordance with clause 3.4. We will provide you with a full refund of the amount you have paid.

7.2 Tell us you want to end the contract. To cancel your pre-sales order and end the contract with us, please let us know by doing one of the following:

1. Online. Contact us using the General Enquiries Form set out on the 'Contact' page.Please provide your name, home address, details of the order, order number reference and, where available, your phone number and email address.
2. Email. [email protected] Please provide your name, home address, details of the order, order number reference and, where available, your phone number.
3. By post. including details of the order, order number reference, your phone number, email address.

8. Deposit, price and payment

8.1 We will ask you to pay a deposit or Pre-pay for the Product. The amount payable will be the price indicated on the order pages when you placed your pre-sales order. You may cancel your pre-sales order and be entitled to a full refund of your pre-payment at any time prior to placing your final order in accordance with clause 3.4.

8.2 Product price and deposit. When you place a final order for the Products ordered as part of your pre-sales order, the final price of the Products shall be notified to you before you place your final order in accordance with clause 3.4. We will always try to maintain the price notified to you as part of the pre-sales order (where applicable) but the price may change between placing the pre-sales order and the final order due to a number of factors, such as the price of component parts, local taxes and exchange rate changes. The deposit paid by you as part of the pre-sales order shall be deducted from the sums due for the final order. We accept payment through our online payment providers, who will be notified to you prior to placing your final order.

8.3 Limited Sales Offers. The Product price for pre-sales orders may, for a limited number of Products or for a limited period of time, be a discounted price. Whilst we will always try to maintain a discounted price for a pre-sales order this may be subject to change. The details of any discount shall be set out on our website and confirmed to you as part of placing your final order. If we cannot honour the full discounted pre-sales price at the time of placing the final order we shall explain to you the difference in the price and the reasons for it, before you place your final order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 8.5 for what happens if we discover an error in the price of the Product you order.

8.4 We will pass on changes in the rate of local taxes (such as VAT). If the rate of taxes changes between your pre-sales order date and the date you place your final order, we will adjust the rate of tax that you pay. This will be confirmed to you before you place your final order.

8.5 What happens if we got the price wrong. It is always possible that, despite our best efforts, the Product we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

9. How we may use your personal information

9.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.

10. Other important terms

10.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing or otherwise as part of a change to your order under clause 5. We may not agree if, for example, the person to whom you are seeking to transfer your rights is located outside of the locations referred to in clause 3.8.

10.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

10.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10.6 Amended Terms. We reserve the right to amend these terms and conditions. Please check our website for updates.

10.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of these terms and conditions in the English courts. If you are a consumer and you live in a country other than England and the country is on the list referred to in clause 3.8, you can bring legal proceedings in respect of these terms and conditions in the courts of the country you live in. In addition, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you live in.  Nothing in these terms and conditions, affects your rights as a consumer to rely on such mandatory provisions of local law.