These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from Terumi Iwagami trading as WA Surf International (ABN 50 261 292 512), referred to as “Vallkree”.
Terms and conditions for Vallkree Products
These Terms and Conditions ("Terms") govern your use of our website located at www.vallkree.com ("Site") and form a binding contractual agreement between you, the user of the Site and us, Vallkree.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at email@example.com
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
These Terms and Conditions constitute a contract between the customer (You) and Vallkree.
1.1. In these Terms and Conditions "We", "Our" or "Us" means Vallkree; and "You" or "Your" means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2. The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
2. Legal Capacity
2.1. If you are under the age of eighteen (18) years you cannot place Orders with Vallkree. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
3. Product Specifications
3.1. Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed.
3.2. All descriptions as to the size and or weight of Products described in the Website are approximate.
4.1. Any performance figures given by the Seller are estimates only. The Seller is under no liability for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing.
4.2. Any such written guarantees are subject to the recognised tolerances applicable to such figures.
5. Delivery and ownership of the goods
5.1. Vallkree does not accept any liability for loss or damage suffered by anyone as a result of any delay from external parties engaged to ship any Order.
5.2. If a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
5.3. Vallkree is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Vallkree in relation to date and time of delivery.
5.4. Vallkree shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
5.5. Vallkree reserves the right to not ship to remote or rural locations.
6. Faulty or damaged goods
6.1. Vallkree will repair, replace or refund faulty or damaged Products in accordance with the Warranty and Your rights under the Australian Consumer Law.
7. Refunds and returns
7.1. Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
7.2. Refunds are strictly limited to those available under clauses implied by statute.
7.3. The Customer must comply with directions from staff to facilitate a return.
7.4. Returned Products, under the Returns Policy must be returned in their original packaging with all accessories.
7.5. Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:
(a) the nature of Our failure to comply with the consumer guarantee, or
(b) the size or height, or method of attachment, of the Product.
8.1. Each Product sold on the Website is covered by a warranty that the product is free of any manufacturing defects.
8.2. Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
9.1. To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
9.2. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
10.1. The Seller's liability for Goods manufactured by it is limited to making good any defects. This must be done by repairing the defects or, at the Seller's option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as:
(a) the defects have arisen solely from faulty materials or workmanship;
(b) the Goods have not received maltreatment, inattention or interference;
(c) accessories of any kind used by the Buyer are manufactured by or approved by Seller;
(d) the seals of any kind on the Goods remain unbroken; and
(e) the defective parts are promptly returned free of cost to the Seller.
10.2. If the Goods are not manufactured by the Seller, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer for the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
10.3. The Seller is not liable for, and the Buyer releases the Seller from, any claims in respect of faulty or defective design of any Goods supplied. This is unless the design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing.
10.4. The Seller's liability under clause 10.3 is limited strictly to the replacement of defective parts in accordance with clause 10.1 of these Terms.
10.5. Except as provided in these Terms, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller's negligence or in any way.
11. Consumer Guarantees
11.1. The Seller's liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law is limited to:
11.2. in the case of Goods, any one or more of:
(a) the replacement of the Goods or the supply of equivalent goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent goods; and
(d) the payment of the cost of having the Goods repaired; or
11.3. in the case of services:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
12.1. Title and risk in the Vallkree Products pass to the Customer on signing for delivery of the Products.
12.2. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
12.3. A failure or delay by Vallkree to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Vallkree does not preclude its future ability to exercise that or any other power or right.
12.4. Insofar as they apply to the ordering, purchase, fulfilment and delivery of Vallkree Products from www.Vallkree.com.au, these Vallkree Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
12.5. Unless otherwise stated all prices quoted by Us are exclusive of Goods and Services Tax (GST)