Terms of service
Section 1 — Online Store Terms
By using our website, you confirm that you are at least the age of majority in your state or territory of residence.
You agree not to use our website, products or services for any unlawful or unauthorised purpose, or in a way that breaches any applicable Australian law, regulation or third-party rights. You must not transmit viruses, malware or harmful code through our website. A breach of these Terms may result in immediate termination of your access.
Section 2 — Our Products
We sell recovery-related products including ice baths, infrared saunas, cold plunge products and recovery accessories.
We make every effort to display product information, images, colours, specifications, dimensions and pricing as accurately as possible. However, colours and finishes may appear slightly different depending on your device or screen settings. Some products may be supplied, stored or fulfilled by third-party partners, and specifications or packaging may change without notice.
We reserve the right to update, change or discontinue any product at any time.
Section 3 — Health and Safety Disclaimer
Our products are designed for general recovery, wellness and performance support only. Nothing on our website constitutes medical advice, health advice or professional treatment recommendations.
Before using ice baths, cold plunges, infrared saunas or heat/cold therapy products, you should consult a qualified healthcare professional, particularly if you:
- have a medical condition
- are pregnant
- have heart, blood pressure, circulation or respiratory concerns
- have diabetes or nerve-related conditions
- are taking medication
- have a history of fainting, dizziness or seizures
- are unsure whether cold or heat exposure is appropriate for you
You are responsible for using all products safely and in accordance with product instructions, warnings and safety guidance. Apex Recovery Co. is not liable for injury, illness or damage caused by misuse, unsafe use or failure to follow instructions.
Section 4 — Orders
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order for reasons including product unavailability, pricing errors, suspected fraud, delivery restrictions or payment issues. Your order is not accepted until we confirm acceptance and process payment.
Please review your order carefully before submitting. Once accepted, we may be unable to cancel or amend your order, particularly where it has already been processed or dispatched. If we need to cancel or change your order, we will contact you using the details provided at checkout.
Section 5 — Pricing and Payment
All prices are listed in Australian dollars (AUD) unless otherwise stated. Prices and availability may change without notice. The price charged will be the price displayed at the time your order is placed, unless there is a clear pricing error.
You agree to provide accurate billing, shipping and payment information. You confirm you are authorised to use the payment method provided. We use third-party payment providers to process payments securely.
Section 6 — Shipping and Delivery
We aim to provide clear shipping information wherever possible. Delivery timeframes are estimates only and are not guaranteed. Some products may be shipped directly from our suppliers or fulfilment partners.
Delivery times may vary depending on product type, supplier location, stock availability, courier availability, delivery address, remote area requirements, weather events, public holidays or other circumstances outside our control.
We are not responsible for delays caused by freight providers, couriers, suppliers, incorrect delivery information or events beyond our reasonable control. You are responsible for ensuring your delivery details are correct at checkout.
For large or bulky items, you may need to assist with delivery access or arrange appropriate access to your property. Additional fees may apply for remote areas, difficult access locations or redelivery attempts.
Section 7 — Supplier Fulfilment
Some products may be fulfilled directly by third-party suppliers or fulfilment partners, who may handle storage, packaging, dispatch and delivery. By placing an order, you acknowledge that your order details (including name, delivery address, phone number and email) may be shared with relevant suppliers, couriers or fulfilment partners for the purpose of processing and delivering your order. We remain your primary point of contact for customer service.
Section 8 — Returns, Refunds and Cancellations
Returns, refunds and cancellations are managed in accordance with our Refund Policy and your rights under the Australian Consumer Law. Please refer to our Refund Policy for full details on change-of-mind returns, faulty or damaged products, incorrect items, return timeframes, return shipping, refund processing and product exclusions.
Some large, bulky, customised, special order or supplier-fulfilled products may be subject to specific cancellation or return conditions. Nothing in these Terms limits your rights under Australian Consumer Law.
Section 9 — Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement, repair, refund or other remedy where a product fails to meet a consumer guarantee. Nothing in these Terms excludes, restricts or modifies any consumer right or guarantee that cannot be excluded under Australian law. Where permitted by law, our liability is limited to the replacement, repair or refund of the relevant product.
Section 10 — Product Warranties
Products may come with manufacturer, supplier or distributor warranties. Warranty periods, coverage and claim processes vary between products and suppliers. Where applicable, we will assist you in communicating with the relevant supplier or manufacturer to support your warranty claim.
Warranty claims may require proof of purchase, photos or videos of the issue, serial numbers, product inspection, supplier assessment or return of the product or affected part.
Warranties may not apply where damage results from misuse, incorrect installation, lack of maintenance, unauthorised modification, normal wear and tear, neglect or failure to follow product instructions. Your statutory rights under Australian Consumer Law are not affected.
Section 11 — Accuracy of Information
We aim to ensure all product descriptions, prices, shipping information and website content are accurate and up to date. However, errors or omissions may occur. We reserve the right to correct errors, update information or cancel orders where a clear error has occurred. We are not obligated to update website information unless required by law.
Section 12 — Third-Party Tools and Links
Our website may include links to third-party websites, apps, payment providers, suppliers or delivery services. We are not responsible for the content, accuracy, policies or performance of third-party services. Your use of third-party services is at your own risk and subject to their own terms and conditions.
Section 13 — Relationship with Shopify
Apex Recovery Co. is powered by Shopify. All purchases are made directly with Apex Recovery Co., not Shopify. Shopify is not responsible for any sale, product, delivery, warranty claim, injury, damage, loss or dispute arising from your purchase from us.
Section 14 — Intellectual Property
All website content — including text, graphics, images, logos, product descriptions, branding, videos and other materials — is owned by or licensed to Apex Recovery Co. unless otherwise stated. You must not copy, reproduce, distribute, modify or exploit any part of our website content without our prior written permission. Third-party brand names, logos and trademarks remain the property of their respective owners.
Section 15 — User Feedback and Reviews
By submitting reviews, feedback, photos, comments or other content, you grant Apex Recovery Co. a non-exclusive, royalty-free licence to use, reproduce, publish, display, edit and distribute that content for business, marketing or operational purposes. You confirm that any content you provide is accurate, lawful and does not infringe third-party rights. We may remove or refuse to publish content we consider inappropriate, misleading, offensive or unlawful.
Note: Under the Australian Consumer Law and ACCC guidelines, you must not engage in or facilitate fake reviews or misleading testimonials.
Section 16 — Prohibited Uses
You must not use our website or services:
- for any unlawful purpose or in breach of any Australian law or regulation
- to infringe intellectual property rights
- to submit false or misleading information
- to harass, abuse, defame, threaten or discriminate against others
- to upload viruses, malware or harmful code
- to interfere with website security or operations
- to scrape, copy or extract website data without permission
- to impersonate another person or business
- to engage in spam, phishing or fraudulent activity
We reserve the right to suspend or terminate your access if we believe you have breached these Terms.
Section 17 — Limitation of Liability
To the fullest extent permitted by law, Apex Recovery Co., its owners, employees, contractors, suppliers and partners will not be liable for any indirect, incidental, special, consequential or punitive loss or damage arising from your use of our website, services or products — including loss of profits, revenue, data or business opportunity, or personal injury caused by misuse of products.
Nothing in this section limits your rights under Australian Consumer Law.
Section 18 — Indemnification
You agree to indemnify and hold harmless Apex Recovery Co., our suppliers, partners, employees, contractors and affiliates from any claim, loss, damage, liability or expense arising from your breach of these Terms, misuse of our website or products, violation of any law, infringement of third-party rights, or content you provide to us.
Section 19 — Termination
We may terminate or suspend your access to our website or services at any time if we believe you have breached these Terms or used our website in an unlawful or harmful way. Any obligations or liabilities incurred before termination will continue to apply.
Section 20 — Severability
If any part of these Terms is found to be unlawful, void or unenforceable, that part will be severed and the remaining Terms will continue in full force.
Section 21 — Waiver and Entire Agreement
Failure to enforce any part of these Terms does not constitute a waiver of our right to enforce it later. These Terms, together with our Privacy Policy and Refund Policy, form the entire agreement between you and Apex Recovery Co. regarding your use of our website and services.
Section 22 — Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any dispute arising from these Terms, our website, services or your purchase will be subject to the jurisdiction of the courts and tribunals of New South Wales, subject to any rights you have under Australian Consumer Law.
Note: Australian consumers also have access to state and territory consumer tribunals (e.g. NSW Civil and Administrative Tribunal) and the ACCC for dispute resolution.
Section 23 — Changes to These Terms
We may update these Terms at any time by posting the revised version on our website. It is your responsibility to review this page periodically. Continued use of our website after changes are posted constitutes acceptance of those changes.
Section 24 — Contact Information
For questions about these Terms, please contact us:
Apex Recovery Co.
Email: hello@apexrecovery.au
Website: apexrecovery.au
Business Address: New South Wales, Australia
ABN: 22747162252