Terms of service



PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING. THIS SITE

  1. Who we are and how to contact us
    1. www.thermacalm.au is a website (“Site”) operated by Thermacalm Pty Ltd (ABN 75 698 900 104) (we, us and our).
    2. To contact us, please email info@thermacalm.au.
    3. Reference to the Site, includes any goods or products we have listed for sale on the Site from time to time, which includes cooling towels and related accessories that we make available from time to time (“Products”). 
  1. Agreement
    1. By using or visiting our Site, you confirm that you accept these Terms and that you have read and agree to comply with them. If you do not agree to these Terms, you must not use our Site. You agree you are at least 18 yearsold and are residing in and using this Site within Australia to make any purchases on our Site. 
    2. We are the owner or the licensee of all intellectual property rights in our Site, our Products, and in the material published on the Site. All such rights are reserved.

  2. We may make changes to these Terms
    1. We may amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to use our Services after the amendments take effect, you agree to be bound by the Terms as amended.
    2. These Terms were most recently updated on 10 August 2026.

  3. We may make changes to our Site
    1. We may update and change our Site from time to time to reflect changes to our Products, our users' needs, changes in law and our business priorities.

  4. We may suspend or withdraw our Site
    1. Our Site is made available free of charge.
    2. We do not guarantee that our Site, or any content or Products on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site or Products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. 
    3. This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

  5. Placing an Order for Products 
    1. By placing a request to purchase Products under these Terms on the Site (“Order”), you are making an offer to enter into an agreement to purchase the Product(s) in that order. Orders will be deemed received by us at the time we send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order. Each Order you place will be a separate contract. 
    2. Unless otherwise agreed by us, you acknowledge that all Products purchased under these Terms are intended for personal or internal business use only and will not be re-sold. 
    3. We reserve the right to accept or reject your Order for any reason at any time. If we reject your Order you will receive a refund of any money paid.
    4. Your Order becomes a sale when we have issued you a tax invoice. 
  6. Availability of Products
    1. Where a product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the product has already been processed, we will either substitute it with a suitable replacement or we may refund any money paid to us.
    2. If your Order is affected by a genuine error (including in a description, an image or price), we reserve the right to cancel your Order and refund any money paid to us.
    3. You acknowledge and agree that: a) all pictures and images of Products displayed are for illustrative purposes only; and b) any accessory featured with the product is for illustrative purposes only and may be sold separately.
    4. Whilst we have made every attempt to show textures, appearances and colours of our Products as accurately as possible, product images may vary from the delivered product depending on your monitor, settings and computer equipment. Unless otherwise stated, any additional Products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description before making a purchase.

  7. Price and Payment
    1. When you place an Order, we will charge you and you agree to pay the advertised price and any applicable delivery fee (“Price”).
    2. All Prices are in Australian Dollars and includeGST (where applicable). You will be required to pay the additional GST component upon placing the Order. 
    3. Your Order may dispatched by our suppliers and Dispatch times may vary according to availability. Delivery charges, if any, are additional and will be shown before you complete your Order.. 

  8. Order Cancellation and Returns
    1. Unless provided for under these Terms or as otherwise agreed by us, no cancellations or changes to Orders will be accepted, and the Product will be delivered to the delivery address in the Order. You should carefully check that your Order is accurate before you submit it. 
    2. Any Product you purchase can only be returned in accordance with these Terms. 
    3. Subject to your rights under the Australian Consumer Law, we will accept returns and provide a refund or replacement in the following circumstance:
      1. if the Product is returned within seven (7) days of delivery and the Product is unopened and in its original condition;
      2. if the Product has faulty stitching, provided you first provide us with photographs of the fault for assessment before returning the Product; or
      3. if the Product is faulty or does not comply with the consumer guarantees under the Australian Consumer Law.

Used Products cannot be returned unless they are faulty or you are otherwise entitled to a remedy under the Australian Consumer Law. To request a return, please contact us at info@thermacalm.au.

    1. Except as provided in clause 9.3, no change of mind refunds will be given. 
    2. We will refund all monies to the original payment method that was used to pay for the Order.

  1. Product Care
    1. You are responsible for following any care or usage instructions supplied with the Product. We are not liable for damage arising from misuse, improper washing, modification or use contrary to any instructions provided.

  2. Title and Risk
    1. Title in the Products passes to you on the date and time of delivery of the Products to you by the delivery agent. 
    2. Risk in the product passes to you when the sale occurs.


  1. Promotions, Discounts and Clearance Items  
    1. terminate, modify or extend any promotional offer at any time, without notice; or
    2. cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

    1. Promotions, discounts, or final sale are subject to their own specific terms and conditions as provided by us from time to time.
    2. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, clearance final sale, package deals, and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.
    3. Final sale items are items that include a discount of 50% or more. Final sale items are non-refundable for store credit or cash refund unless deemed faulty.
    4. We reserve the right to:
  2. Gift Cards and Store Credit
    1. Gift cards and store credit issued by us are valid for at least three (3) years from the date of issue, and the expiry date will be displayed on the gift card or notified to you at the time of issue. We do not charge any additional fee for purchasing, activating or redeeming a gift card, other than the amount loaded onto it.
    2. Gift cards and store credit may be redeemed towards the purchase of Products on the Site. They are not redeemable for cash, are not transferable unless required by law, and cannot be reloaded. If an Order exceeds the value of the gift card or store credit, you must pay the balance using another accepted payment method. Any unused balance will remain available until the expiry date. We are not responsible for gift cards that are lost, stolen or used without your authorisation.

    1. Warranties 
      1. We warrant to you that any Product purchased from us through the Site will, on delivery:
        1. conform with its description;
        2. be of satisfactory quality; and
        3. be reasonably fit for all the purposes for which Products of that kind are commonly supplied.
      1. We exclude to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
      2. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified. To the extent our liability cannot be excluded but can be limited, our liability is limited, at our option, to the resupply of the Products or the cost of resupplying the Products (in the case of goods) or the resupply of the services or the cost of resupplying the services (in the case of services).
      3. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

    1. Liability 
      1. Both parties total liability, save for your non-payment of the Price which is uncapped, arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Products to you, or the Price paid by you in the preceding 12 months. 
      2. Neither party is liable to the other in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any loss of profit or revenue (whether direct or indirect), loss of opportunity or loss of goodwill, and/or any indirect, special or consequential loss of any kind.
      3. Nothing in the Agreement will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.

    2. Disclaimer
      1. The information and content contained on the Site is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the information and content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. Our Products are intended for general use only and are not medical devices or a substitute for professional medical advice or treatment.
      2. The Products are not intended to diagnose, treat, cure or prevent any disease, illness or medical condition. The Products are not medical devices, are not registered or listed on the Australian Register of Therapeutic Goods, and are not represented by us as therapeutic goods. You should consult a qualified medical practitioner before using the Products if you have any relevant medical condition, are pregnant, or have heat or temperature sensitivity.
      3. You use the Products at your own risk and are responsible for supervising their use by children, elderly persons or other vulnerable individuals. You must discontinue use immediately if any adverse reaction, including skin irritation or discomfort, occurs, and seek medical advice if necessary.
      4. Any cooling effect, performance or duration of the Products may vary depending on ambient temperature, humidity, activity level and usage conditions. We do not guarantee any particular result or level of performance.

    3. Prohibited Uses
      1. You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
        1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
        2. disclosing any user identification codes, password or any other piece of information as part of our security procedures, which are confidential. You must not disclose it to any third party;
        3. using our Site to defame, harass, threaten, menace or offend any person;
        4. interfering with any other person using our Site;
        5. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses piracy or programming routines ;
        6. using our Site to send unsolicited email messages; or
        7. facilitating or assisting a third party to do any of the above acts.
      1.  In the event of such a breach, your right to use our Site will cease immediately.

    1. Privacy
      1. You agree to allow us to send you emails regarding our business, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy.  Please refer to our Privacy Policy available on the Site for information about our privacy practices. 
    2. We are not responsible for viruses
      1. We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
      2. You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

    3. We are not responsible for websites we link to
      1. Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.

    4. Other terms and conditions
      1. Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these Terms.


    General

    Termination:     These Terms are effective until terminated by either party, upon reasonable notice.  In the event of termination, Terms which expressly or by implication from its nature is intended to survive the termination (including limitation of liability) will survive.

    Disputes: In the event of any dispute arising from, the parties must attempt to resolve the dispute in good faith.  If the parties do not resolve the dispute between themselves, they may refer the dispute to a mediator.

    Force majeure: No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control, including but not limited to an act of god, strike or pandemic.

    Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.

    Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.

    Entire agreement: These Terms form the entire agreement between the parties in relation to the Products. It replaces any earlier agreements, representations or discussions. This clause survives termination of these Terms.

    Jurisdiction: These Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the New South Wales courts.  Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause survives termination of these Terms.