Basis of Agreement essaymoment
- These Terms apply exclusively to the provision of Goods and Services by Shipa to you and cannot be varied or replaced without Shipa written agreement.
- These Terms govern the use of the Shipa website and Services provided by Shipa as well as your purchase of Goods from Shipa.
- By using our website, including purchasing Goods from us and using our Services, with or without creating an account with us, you are indicating that you accept these Terms and agree to be bound by these Terms.
- Shipa may vary or amend these Terms at any time without notice to you.
- To avoid any doubt, nothing contained within these Terms requires you to create an account in order to be bound and your use of our website constitutes your agreement to all conditions contained in these Terms.
- By creating an account with us, you agree to us sending you promotional and advertising material. From time to time, promotional material (e.g. email campaigns) will be sent via third-party tools, including but not limited to https://www.zoho.com/campaigns/. We reserve the right to change the marketing provider at any time.
- Any information or ‘Frequently Asked Questions’ viewed on the Shipa website is a guide for general information purposes only and should neither be regarded as financial or legal advice nor be construed as a substitute for any products manuals for any Goods purchased via our website.
- You accept that your use of the Goods and Services provided by Shipa is at your own risk.
- Shipa staff may take and keep on your file detailed notes of any discussions or conversations with Shipa employees.
- You must not post or transmit via the Shipa website any information or material or otherwise use same for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including accepted community standards.
- You may cancel your account with Shipa at any time.
- We may suspend, cancel, or terminate your access to all or any part of the Shipa website at any time if you breach these Terms, in our reasonable opinion.
- You will remain liable to pay costs or fees to Shipa after cancellation in respect of Goods or Services provided or charges incurred prior to your account being cancelled.
- Whilst all Goods sold by Shipa are fully compliant with safety requirements and have passed Australian Safety Standards, use of the Goods may carry the risk of injury.
- We recommend that all hoverboards are used in conjunction with safety gear, including but not limited to helmets, knee guards and elbow guards, which can be purchased from our website.
- It is recommended that, before using your hoverboard outside, you practice on a flat carpet, in a room with lots of open space and no objects with sharp corners. Once you are comfortable with riding on a flat carpet, you may gradually move to harder surfaces. Rough and rocky terrains should be avoided.
- Our hoverboards have a recommended minimum user weight of 25kg, which has been fixed to ensure that the hoverboard can self-balance.
- We recommend our Goods are used by adults. Users below the age of 16 should only ride hoverboards under adult supervision.
- Some hoverboards may be water resistant, however it is recommended that you do not ride your hoverboard into puddles and in rigorous wet weather.
- Before using any Goods, we recommend that you read the manufacturer’s instructions and safety manuals.
Limitation of Liability
- To the maximum extent permitted by law, Shipa excludes completely all liability what so ever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of personal income or business profits) however caused (including negligence) arising out of or in connection with the purchase of Goods and use of the Services.
- Where the law implies a warranty into these Terms which may not be lawfully excluded, Shipa liability for breach of such a warranty shall be limited, at its option, to any one or more of the following:
(a) In the case of Goods, to anyone it determines of the following:
- replacement of the Goods or the supply of equivalent Goods;
- repair of the goods;
- payment of the cost of replacing the Goods or acquiring equivalent Goods; or
- payment of the cost of having the Goods repaired; and
(b) In the case of Services, to either supplying the Services again or payment of the cost of having the Services supplied again.
- Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the Goods or Services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services or any contractual remedy for their failure.
- In some circumstances, repairs will require us to order additional parts. You may be charged for those parts.
- If you carry out any repairs or alterations to any Goods, we may be unable to honour any warranty.
- We are unable to accept returns where you have changed your mind.
- Our warranties do not cover: (a) products that are listed as refurbished or used; and (b) damage to Goods caused by your use of the Goods (for example where Goods are used contrary to the manufacturer’s instructions).
Orders and Cancellations
- We take care to make ensure that products and inventory are up to date all times, however, we reserve the right to cancel or reject your order in the following circumstances:
- in case of non-availability of stock;
- in case of an event of force majeure;
- if, in our reasonable opinion, we believe that the transaction is fraudulent; or
- if the delivery address is not reachable by any logistics service providers.
- You may incur additional shipping charges if:
- your delivery address is remote and difficult to reach;
- you return Goods for repairs or replacement; and
- we are required to send you replacement Goods.
- We cannot guarantee delivery times. Our carriers are Australia Post, Couriers Please, Fastway, TNT, Star Track and Shippit whose terms and conditions of carriage can be viewed here: https://auspost.com.au/terms-conditions/general-terms-conditions , https://www.couriersplease.com.au/About/Terms-Conditions, https://www.fastway.com.au/terms-and-conditions/website-terms-of-use/, https://www.tnt.com/express/en_au/site/terms-conditions.html, https://startrack.com.au/terms-and-conditions and at https://www.shippit.com/.
Credit Card and Direct Debit Arrangements
- By accepting these Terms you agree that credit card payments and direct debit arrangements are managed and debited by Afterpay, Paypal or the Commonwealth Bank as a direct debit provider or third-party credit provider on behalf of Shipa as a third party billing company acting as our direct debit provider (“Direct Debit Provider”).
- Shipa may also elect to nominate a replacement Direct Debit Provider.
- We reserve the right to seek documents verifying your identity before processing any transaction.
- If payment is made by direct debit, then you authorise Shipa or our Direct Debit Provider to debit the relevant amount from your nominated bank account at the agreed intervals.
- If the debit day falls on a day that is not a business day, our Direct Debit Provider may debit your account on the following business day.
- You must ensure that you have sufficient funds in your nominated bank account at all times to cover direct debit payments.
- If your direct debit payment is dishonoured then you authorise our Direct Debit Provider to process the payment on the third business day after the payment due date (“second attempt”);
- If your direct debit payment is again dishonoured on the second attempt then you authorise our Direct Debit Provider to process the payment one week after the second attempt (“third attempt”);
- If your direct debit payment is dishonoured after 3 attempts, Shipa will contact you in writing in which case you will have 14 days to provide a valid reason for the default, and to remedy the default.
- Shipa will be entitled to pass on to you the amount that Shipa,s bankers or Direct Debit Provider charge it for your dishonoured payment(s). You may also be charged a fee by your financial institution.
- If you believe that there has been an error in debiting your account, you should contact Shipa in writing as soon as possible.
- You must notify Shipa or our Direct Debit Provider of a change in your credit card details at least 48 hours prior to your next scheduled direct debit.
- Your “Personal Information” (as defined by the Privacy Act 1988 (Cth)) will only be used by Shipa or our direct debit provider to provide you with the services contemplated by the direct debit request or these Terms. Shipa will only disclose such information to third parties with your prior written permission or to the extent specifically required by law.
- The personal information we receive from you may include:
- First Name;
- Last Name;
- Phone Number;
- Date of Birth;
- Bank Account Details;
- Vehicle details including make, model, type, registration etc.
- We may use your Personal Information to:
- deliver Goods to you;
- respond to your enquiries and fulfill your requests;
- send administrative information to you, for example to process your payments, communicate with you regarding your purchase or session bookings and provide you with related customer service;
- send you details of opening hours, schedule changes and notifications, price updates, changes to terms and conditions; and
- send you marketing information that we believe may be of interest to you, such as to send you newsletters, new products, specials and promotions or membership offers.
- We will retain your Personal Information for as long as needed to provide the applicable Goods and/or Services to you, unless a longer retention period is required or permitted by law.
- Shipa will not receive or retain your credit card details or banking information. Such information is to be provided by you directly to our Direct Debit Provider.
- https://www.commbank.com.au/content/commbank-neo/security-privacy/general-security/privacy.html?ei=CB-footer_privacy; and
- You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all conduct carried out under this username.
- You will be responsible for any access to the Shipa website using your registration details, even if the access is by another person.
- All prices quoted for Goods and Services include GST, unless otherwise specified.
- Hoverboard World may, from time to time, vary its prices to take account of, amongst other things, any change in the cost of providing the goods and services.
- If you ever have a complaint, please send us an email with your complaint and we will do all that is reasonably and practicably possible to assess the merits of the complaining and respond to such complaints within a reasonable time and in a reasonable manner.
Third Party Websites
- The Shipa website may contain links to other websites operated, controlled or produced by third parties.
- Unless otherwise indicated, Shipa does not control, endorse, sponsor or approve any such third party websites or their content nor does Shipa provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
- The contents and design of our website including all text, images or trademarks is the exclusive content of Shipa and is protected by copyright laws.
- Save in respect of your personal information, you acknowledge that all right, title and interest in and to our website, Goods and Services (including in respect of the software and technology underlying our website, any documentation or content provided with our Services, and any know-how, trademarks or service marks of ours) (our “Intellectual Property”) are vested in Shipa.
- Without our express written permission, you may not reproduce, modify, copy, transmit, display, publish, communicate, distribute or otherwise use our Intellectual Property or any material contained within our Website.
- For avoidance of doubt, nothing in these Terms shall be construed as granting you any right, title or interest in and to any of our Intellectual Property or any other intellectual property owned or controlled by Shipa.
- The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
- Any terms and conditions, terms of warranty provided with any product, term of guarantees or any other term provided in an agreement made by Shipa with its customers that are inconsistent with Victorian state legislation or Commonwealth legislation shall be deemed void to the extent of the extent of inconsistency.
- Shipa failure to enforce any of these Terms shall not be construed as a waiver of any of Shipa rights.
- We will send any legal notices or communications regarding your service account to your nominated email address. Delivery shall be deemed effected by a confirmation of delivery produced by our email service provider.
- If a clause in these Terms is found to be unenforceable it must be read down to be enforceable or, if it cannot be read down, the term may be severed from the Terms, without affecting the enforceability of the remaining Terms.
In these Terms:
“ACL” means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010
(Cth) and its associated Regulations as amended;
“Shipa” or “We” or “Our” means Shipa
“Goods” means any goods supplied by Shipa to you;
“in writing” means delivered to staff on our premises in person or by mail, or sent to our nominated email address;
“Services” means any services provided and presented to you by Shipa or subcontracted parties;
“Terms” means these Terms and Conditions; and
“User” or “You” or “I” means you, the person acquiring goods or services from Shipa.