Terms and Conditions of Sale and Use of Website
By ordering goods and services (“goods”) from Nold Trading Pty Ltd (ABN 55 142 419 056) trading as Arnold’s Boat Shop (“Supplier”) you (“Customer”) agree that the following terms and conditions of sale shall apply. These terms and conditions replace any previous terms and conditions of sale. These terms and conditions also govern your use of the Supplier’s website (https://www.arnoldsboatshop.com.au/). Your use of the website and/or your purchase of goods represents your acceptance of these terms and conditions.
“Customer” means a person whose order for the purchase of goods is accepted by the Supplier. A reference to “Supplier” includes the Supplier’s Associated entities (as the term is defined in the Corporations Act 2001).
“Consumer” means a person who is defined as such under the Competition and Consumer Law 2010.
“Law” means any Commonwealth or any Australian state legislation regulations and the general law and includes, in particular, the Commonwealth Competition and Consumer Act 2010 and regulations as amended from time to time.
“Supplier” means Nold Trading Pty Ltd trading as Arnold’s Boat Shop.
- “Including” is not a term of limitation.
- Where the context admits or requires words importing the singular number shall include the plural number, those denoting a given gender shall include all other genders and those denoting natural persons shall include corporations.
- WEBSITE CONTENT AND ACCESS
- The Supplier endeavours to take reasonable care in preparing and maintaining the information on its website but does not warrant the accuracy, reliability, adequacy or completeness of any of the website content. The Customer acknowledges and accepts that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time the Customer views it.
- It is the Customer’s responsibility to enquire with the Supplier directly to ensure the accuracy and currency of the material or information the Customer seeks to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), the Supplier disclaims all liability for loss directly or indirectly arising from the Customer’s use of or reliance on the website and the website content.
- This website contains material owned or licensed to the Supplier including, but not limited to, design, layout, images, graphics, appearance and trademarks. Any reproduction thereof without the Supplier’s approval is prohibited.
- Where this website may from time to time provide links to other websites, such links are only provided for the Customer’s convenience to provide further information. What is contained in such other websites the Supplier neither endorses nor assumes content responsibility for.
- The Supplier does not guarantee that access to the Supplier’s website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Supplier’s website or any data on such a computer.
- Unless otherwise specifically agreed in writing by the Supplier, where any terms and conditions of the Customer’s order are inconsistent with these terms and conditions, then these terms and conditions will prevail. Any variations or additions to these terms and conditions not expressly agreed to in writing by the Supplier are expressly rejected by the Supplier.
- A quotation by the Supplier shall not constitute an offer to sell goods to the Customer. No contract for the supply of goods shall exist between the Supplier and the Customer until a Customer’s order for goods has been accepted by the Supplier. The Supplier may accept or refuse any order for goods in its absolute discretion.
- SPECIAL OR CUSTOMISED ORDERS
Orders for customised goods cannot be cancelled or varied once the work has been commissioned by the Supplier, and full payment for the goods is due and payable once the order has been placed.
- PAYMENT AND PRICING
- The Customer may pay for the purchase of goods with Visa, Mastercard and Amex cards and through PayPal, zipPay, zipMoney and Afterpay. Payment may also be made by direct bank transfer. All purchases will be charged to the Customer’s nominated card or account upon submission of the order. All debit and credit card holder payments are subject to validation checks, authorisation by the card issuer and the terms and conditions of the issuing financial institution and the Supplier’s payment merchant.
- All pricing of goods on the website are for the price of the goods including GST but exclusive of any other charges including shipping.
- All pricing of goods and any other charges are shown in Australian dollars (AUD) and are inclusive of GST.
- Following the submission of a Customer order, that order will be confirmed by reply to the Customer’s email address.
- In cases where an order cannot be fulfilled for whatever reason, including incorrect description, incorrect pricing or unavailability, the Supplier has the right to refuse shipment. Where such an event occurs, the Supplier will inform the Customer as soon as possible to seek the Customer’s further instruction.
- Title to the goods will not pass to the Customer until those goods and all other amounts owed to the Supplier by the Customer have been paid for in full. Risk passes to the Customer upon delivery. Delivery occurs when the goods are delivered to the address provided by the Customer, whether on not any person is in attendance at that address to accept delivery.
- It is the Supplier’s policy to ship goods purchased by Customers in a timely manner. To achieve this the Supplier has access to a number of carriers the specific choice of which to use for each shipment being subject to the nature of a Customer’s order including size, weight and destination.
- Shipping charges are as follows:
- Orders for delivery to any Australian post code address valued at less than $499, the shipping charge is $18.00.
- Orders for delivery to any Australian post code address valued at $499 or more, shipping is free.
- Orders for delivery outside of Australia will be subject to a quote that will be made by the Supplier shortly after receipt of the order. If the cost of shipment quoted by the Supplier is not acceptable to the Customer, the Customer may cancel the order and be entitled to a refund of all amounts paid to date.
- Any times quoted for delivery are estimates only and the Supplier shall not be liable to the Customer for any failure to deliver or for delay in delivery of goods occasioned by any other cause whatsoever whether or not beyond the control of the Supplier.
- The Customer shall not be relieved of any obligation to accept delivery of goods by reason of any delay in delivery.
- Goods will be delivered or deemed to be delivered when delivered to the delivery address nominated by the Customer.
- Unless specifically agreed to in writing, goods delivered by the Supplier will only be delivered to the Customer’s nominated address for such deliveries and be conditional upon such delivery being acknowledged by an authorised representative of the Customer by way of a signed receipt.
- It shall be the Customers responsibility to notify the Supplier if goods have not been delivered in a timely manner – from within 7 business days of the Customer receiving advice from the Supplier confirming the date of shipment.
- If, for whatever reason, beyond the control of the Supplier, the goods cannot be delivered to the Customer, the goods will be returned to the Supplier and the costs and expenses incurred by the Supplier shall be added to the price of the goods.
- TRACKING - ORDERS & SHIPMENT
- All online orders submitted by a Customer are an offer and the Supplier, in the full discretion will accept or reject that offer Such confirmation, including details of the order will be delivered by email to the Customer’s email address. If additional delivery costs are to be incurred the Supplier will notify the Customer by email.
- Upon shipment, the Customer will receive advice from the Supplier confirming shipping details including – the date of shipment, the name of the carrier and the delivery address.
- Customers are responsible for contacting the Supplier if goods are not received in reasonable time – at the most, within seven business days of shipment.
- FITNESS FOR PURPOSE
To the maximum extent permitted by Law, the Customer agrees that it does not rely on the skill or judgement of the Supplier in relation to the suitability of any goods for a particular purpose. Any advice, recommendation, information or assistance provided by the Supplier is provided without any liability by the Supplier whatsoever.
- RETURN OF FAULTY OR DEFECTIVE GOODS
(a) Goods shipped by the Supplier come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. The Customer is 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.
(b) The guarantees under the Australian Consumer Law are given by the Supplier.
(c) If the Customer believes the goods do not comply with the statutory guarantees, they must contact the Supplier and the parties may make arrangements for the return of the goods. Any returned goods must be accompanied by proof of purchase. If the Supplier agrees that the goods do not comply with the statutory guarantee, the Supplier will act in accordance with its obligations under the Australian Consumer Law. Any cost associated with returning the goods to the Supplier must be met by the Customer but will be reimbursed if there has been a breach of the statutory guarantee given by the Supplier.
- CHANGE OF MIND POLICY
(a) A Customer will not be entitled to return goods because of a change of mind without the prior written approval of the Supplier. If agreed, it is a condition of any such return that the goods be returned in resaleable condition – repacked in original packing along with all accessories, including instructions and warranty card and must be unused.
(b) If goods are returned in a resalable condition and at the absolute discretion of the Supplier, the Customer may be offered a store credit for the same website pricing applicable at the time of the original shipment less a restocking fee.
(c) Any offer by the Supplier in regard to this policy will cease to be available after 30 days from the original date of shipment.
(d) Original shipping costs paid by the Customer will not be subject to any store credit but those originally absorbed by the Supplier will be deducted from any store credit.
(e) Any cost associated with returning the goods to the Supplier must be met by the Customer.
(f) At the Suppliers absolute discretion, the return of goods may be subject to a restocking fee.
(g) Store credits can only be applied toward the purchase of other goods from the Supplier.
- THIRD PARTY WARRANTIES
Nothing in these terms renders the Supplier responsible for administering or honouring any Manufacturer’s warranty and all claims under the warranty must be made by the Customer direct to the Manufacturer.
- FORCE MAJEURE
The Suppler shall not be liable for any loss or damage caused by its failure or delay deliver the goods or perform the services due to anything outside the reasonable control of the Supplier including but not limited to acts or omissions of the Customer, breakdown of plant or machinery, pandemics and any associated restrictions on trade or movement of people or goods, shortage of labour, strikes, lockouts, industrial disputes, fire or arson, storm or tempest, theft, vandalism, riots, civil commotions, terrorist actions, wars, government restrictions, intervention and/or control, transport delays, accidents, embargoes of any kind.
- INTELLECTUAL PROPERTY
The materials displayed on the Supplier’s website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of the Supplier.