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Conditions of Sale

CONDITIONS OF SALE
1. INTRODUCTION

1.1 Before using the online sales website and its associated webpages (collectively, the “Sales Website”) and/or placing an order, we request that you review these Conditions of Sale together with the Terms of Use and Privacy Policy and any additional conditions that may appear on the Sales Website from time to time, such as during promotions or campaigns.

1.2 Each order placed with us shall be governed by these Conditions of Sale.

1.3 These Conditions of Sale may be modified from time to time by us without notice to you. Any amendment, variation or supplement will be notified by publication on this website, effective from the date of such publication. You are invited to read the Conditions of Sale on a regular basis to be informed of these modifications. You will be subject to the Conditions of Sale in force at the time you order products from us.

1.4 References to “the Company”, “we”, “our” or “us” shall be reference to HyfluxShop Australia Pty Ltd (ABN No. 13 618 800598) having its registered address at 3 Waterhouse Link, Greenvale Vic 3059, Australia.

2. REGISTRATION ON THE SALES WEBSITE

2.1 This Clause 2 shall be in addition to and without prejudice to the Terms of Use.

2.2 Before you may place an order on the Sales Website, you will be required to register and create an account with the Sales Website. As part of the registration and account creation process, you will have to provide mandatory registration information, such as your name, billing/delivery address and a valid and up-to-date email address, as well as select a password.

2.3 You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s).

2.4 You are responsible for:-

2.4.1 notifying us immediately by sending us an email at au_support@elowater.com if you know, or have reason to believe, that your customer account username and password were stolen, misused, or have been compromised in any way;

2.4.2 ensuring that your personal particulars are updated on the Sales Website so that we can keep accurate records and deal with your request and orders.

2.5 We reserve the right to suspend or terminate your account if we know, or have reason to believe that your account has been used by another person.

3. ORDERS THROUGH THE SALES WEBSITE

3.1 An order on the Sales Website for product(s) is placed by you:-

3.1.1 clicking on “Add to Cart” button for the relevant product(s),
3.1.2 proceeding to the checkout page,
3.1.3 entering your payment details (i.e. your credit card or debit card details) and finalising your order,
3.1.4 clicking on the checkboxes indicating that you have read, understood and accept these Conditions of Sale and the Privacy Policy, and
3.1.5 allowing the payment to be processed.

3.2 All payments shall be made at the point of checkout by either credit card or debit card. The Company reserves the right to refuse your order in the event your credit card or debit card issuing bank does not approve the transaction, in which event the Company shall not be liable to you in respect of any and all losses that you may suffer.

3.3 Once you have placed your order, we will acknowledge receipt of the order by an email. If you do not receive an email from us within two (2) working days, it will be deemed that we have refused your order.

3.4 All orders submitted through the Sales Website are deemed to be irrevocable and unconditional, and we shall be entitled (but not obliged) to process such orders without your further consent, and without any further reference to you.

3.5 After acknowledging receipt of your order, we will check that the relevant product(s) is/are in stock. A valid and binding agreement between you and the Company will occur only when the product(s) you order have been dispatched by us (the “Confirmed Order”).

3.6 By placing an order through the Sales Website, you represent and warrant that you are legally capable of entering into binding agreements, and that you are over 18 years of age.

3.7 All guarantees, terms, conditions, warranties, rights or remedies are excluded to the maximum extent permitted by law, save that nothing in these Conditions of Sale excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, including, for example, the ACL.

3.8 While we endeavour to provide an accurate description of the products, to the maximum extent permitted by law, we do not warrant or make any representation that such description is accurate, current or free from error. For the avoidance of doubt, and to the maximum extent permitted by law:-

3.8.1 the Company excludes all liability where you attempt to or effect remedy of any defect(s) and/or alteration(s) without the Company’s prior agreement;

3.8.2 the Company shall be under no liability in respect of any unsuitable or improper use, fair wear and tear, wilful damage, negligence, defective or negligent handling, chemical, electro-technical or electric influences, misuse or alteration of the products without the Company’s approval; and

3.8.3 where applicable, the Company shall be under no liability whatsoever in respect of any defect in the products arising after the expiry date of the product(s).

3.9 The prices payable for the product(s) you order are as displayed on the Sales Website on the date you place your order and are displayed in Australian dollars. All prices and charges, unless otherwise indicated, are inclusive of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)). Delivery charges, where applicable, shall be billed as indicated on the Sales Website during checkout, calculated in accordance with the product(s) you have ordered, the size of the order, and/or the delivery method you have selected.

3.10 The Company reserves its rights, at any time without prior notice, to correct any errors or omissions and change information on the Sales Website. We may refuse your orders which were based on erroneous information, including without limitation, information relating to shipping, pricing, return policies or payment terms. The Company endeavours to notify you as soon as possible where it detects an error in pricing. You have the option of reconfirming your order at the correct price, or cancelling your order. Where you reconfirm your order at the correct price, the Company will either refund you the difference (if the correct price is lower) or you shall be liable to top up the difference before the Company ships you the order (if the correct price is higher). Should you choose to cancel the order, you are entitled to a full refund, subject to the deduction of any reasonable costs that the Company may have incurred.

3.11 You are subject to the applicable user agreement of your payment method. You may not claim against the Company for any failure, disruption or error in connection with your chosen payment method.

3.12 We reserve our rights, at any time, in our sole and absolute discretion and without providing any reasons and without any liability to you or any third parties, to verify, refuse, cancel or terminate an order.

3.13 The Company reserves the right not to acknowledge or respond to any warranty, refund or other requests in respect of products that were purchased through methods or channels other than the Sales Website.

4. DELIVERIES

4.1 All Confirmed Orders will be delivered to the delivery address you specify at the point of checkout.

4.2 We may contact you by SMS, smartphone application, telephone call or email with information regarding your order and delivery.

4.3 We will endeavour to effect delivery of your Confirmed Order within seven (7) working days, subject to stock availability and any supervening event that is beyond our control. Subject to any statutory rights, depending on stock sufficiency/ availability, we may hold back delivery or effect partial delivery of the products you have ordered.

4.4 All risk of loss or damage to the products shall be transferred to you upon your taking delivery of the products (or such person who accepts/purports to accept delivery of the products on your behalf).

4.5 At the point of delivery, you shall be responsible for verifying that the products are in line with the Confirmed Order, and that the products are intact, undamaged, and not altered in any manner.

5. RETURNS/REFUNDS FOR CHANGE OF MIND

5.1 If you change your mind about the product(s) you have purchased:-

5.1.1 you are entitled to a seven (7) working day return/refund on the product(s) purchased, commencing on the date you make payment for the product(s) you have purchased;

5.1.2 you shall make your own arrangements, and shall be liable for and shall bear all shipping or transportation costs associated with any request for a return/refund. The Company shall not be liable to indemnify you where the products are lost, stolen or damaged whilst in transit. For the avoidance of doubt, the Company shall also not be liable to you in respect of any products that are lost, stolen or damaged whilst in transit;

5.1.3 subject to any statutory rights, the Company shall be entitled to deduct from the refund, any reasonable administrative charges (including, without limit, shipping costs, credit card charges, bank charges and other associated charges) incurred by the Company arising from a request for a return/refund;

5.1.4 you shall endeavour to return the products in the same condition that you received it. You will be liable for any diminished value of the products resulting from any improper handling; and

5.1.5 in requesting a return/refund, you are required to furnish a proof of purchase, as well as any other form of contemporaneous records which may be required by the Company.

5.2 If you change your mind about the product(s) you have purchased, for the avoidance of doubt, the Company reserves its rights to refuse a request for return/refund where:-

5.2.1 you failed to take delivery of the purchased products within seven (7) working days of your purchase of the products; or

5.2.2 for any reason that is attributable to you, the Company was unable to effect delivery of the purchased products within seven (7) working days of your purchase of the products.

5.3 We offer no guarantee of any nature for the timelines of the refunds reaching your bank account. The processing of refunds may take time and it is subject to the respective banks and/or payment provider internal processing timeline.

6. REFUNDS, REPLACEMENT OR REPAIR IN OTHER CIRCUMSTANCES

6.1 Where we determine that a defective product can be fixed or resolved in a reasonable amount of time, we shall, at our discretion, decide whether we will offer you a refund, replacement or repair.

6.2 Where we determine that the product cannot be fixed or resolved in a reasonable amount of time, or the product otherwise has a “major failure” as contemplated under the ACL, you may:-

6.2.1 return the product to us for a refund or replacement, subject always to the requirement that the product has not been attached to other property (or where it is so attached, can be removed without damage). Further, where we determine that too much time has elapsed since your purchase of the product, we may not be required to entertain your return of the product for a refund or replacement; or

6.2.2 retain the product. In such a situation, we shall refund you an amount proportionate to a drop in value caused by the defect in the product.

6.3 Where we replace a product, such replacement may be with an identical product, or with a product of similar value if the identical product is not reasonably available.

7. INTELLECTUAL PROPERTY

7.1 Your use of the Sales Website and your purchase of the products does not grant or transfer to you any rights, title or interest in the intellectual property of the Sales Website and/or the products.

7.2 Unless you have obtained the prior written consent of the Company, you shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any products.

8. RIGHTS OF THIRD PARTIES

8.1 Unless expressly provided to the contrary in these Conditions of Sale, a person who is not a party to these Conditions of Sale has no right to enforce or to enjoy the benefit of any term of these Conditions of Sale.

9. SEVERABILITY

9.1 If any part of these Conditions of Sale is rendered void, illegal, unenforceable or invalid, whether by any legislation to which it is subject or otherwise, that part shall be rendered void, illegal, unenforceable or invalid to that extent and it shall in no way affect or prejudice the enforceability of the remainder of these Conditions of Sale.

10. LIMITATION OF LIABILITY

10.1 Without prejudice and in addition to Clause 3.7, to the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential damages of any nature, arising in connection with the products, their use, their sale, or otherwise.

10.2 If the Company fails to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits it to limit its liability in respect of such failure, its liability is limited to, at the option of the Company and in accordance with the ACL, the replacement of the product, the supply of an equivalent product, the repair of the product, a refund for the products, or the payment of the cost of having the product repaired.

11. PRIVACY POLICY

11.1 Any personal information or material you submit on the Sales Website as part of the registration process under Clause 2 is subject to the Privacy Policy.

11.2 We collect personal information about you in order to process your registration and to deal with your requests and orders, and for purposes otherwise set out in our Privacy Policy.

11.3 We may disclose that information to third parties that help us to deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you. We may also disclose your personal information to recipients outside Australia, including to our parent company located in Singapore.

11.4 Our Privacy Policy explains:

11.4.1 how we store and use, and how you may access and correct your personal information;

11.4.2 how you can lodge a complaint regarding the handling of your personal information; and

11.4.3 how we will handle any complaint.

11.5 If you would like further information about our privacy policies or practices, please contact us at au_support@elowater.com.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 These Conditions of Sale shall be governed by, and construed in accordance with the laws of the Republic of Singapore.

12.2 All disputes, controversies or differences arising out of or in connection with these Conditions of Sale shall be submitted to the Singapore Mediation Centre for resolution by mediation in accordance with the Mediation Procedure of the Singapore Mediation Centre for the time being in force. The parties agree to participate in the mediation and undertake to abide by the terms of any settlement reached.

12.3 If any such dispute cannot be resolved through mediation within 30 days of its submission to the Singapore Mediation Centre, the dispute shall then be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause 12.3.

13. MISCELLANEOUS

13.1 Our failure to enforce any of our rights under these Conditions of Sale shall not be deemed a waiver of such rights.

Version effective 20 October 2017
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