GENERAL CONDITIONS FOR USE OF THIS WEBSITE
In the context of this website, “we”, “our” and “us” means crocpad.com.au supplying the product (the website product listing states the seller and supplier of each product) and “you” and “your” means you, the user or customer of this website.
The use of the term “product” includes the plural “products”.
Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this website you agree to the terms of the Contract of Sale.
If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website.
Terms and conditions for CrocPad Products
You “customer” is responsible for ordering the right product and read the description and raise any question you have before purchasing any product.
We “CrocPad” accept return and refund under the conditions listed below.
Please note that different Terms and Conditions apply in respect to orders for CrocPad Products.
1.CHANGES TO TERMS
Due to frequent changes in Internet technology and applicable laws, we reserve the right to make changes to these Terms and Conditions at any time technology and legal changes require. Please check these Terms and Conditions regularly for any such changes.
2.CHANGES TO PRODUCTS
We and any persons involved with the management of this website may make changes to the products described and to other content of this website, at any time without notice.
We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. We make no representations about the suitability of this information; it is provided “as is” without warranty of any kind.
The price displayed for products on this website represents the full price, excluding GST, for the product itself but does not include postage/delivery charges which will depend on the destination.
We always seek to provide products at the most competitive prices, and because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice and we therefore reserve the right to change prices displayed for products on our website at any time.
Please be assured of our every effort to ensure the accuracy of our product pricing. However if an error is made and a product is listed at an incorrect price, we maintain the right to refuse to accept further orders and to cancel any orders already placed at the incorrect price. If an order has been confirmed and charged to your credit card we shall immediately contact you regarding your requirements for the reimbursement of money paid.
We sell and deliver products ONLY WITHIN Australia.
The information on this site is intended and applicable for Australian consumers only and is governed by Australian law.
You must be at least eighteen (18) years of age to place an order with us. We do not knowingly accept orders from anyone under the age of 18.
By placing an order with us through this website, you acknowledge that you are over eighteen (18) years of age.
Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.
When you visit crocpad.com or croc-pad.com.au or send e-mails to us, you are communicating with us electronically. By using the website we and you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
This website may:
Store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website; Request your browser to transmit this data back to the web server; or Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.
(Note-Cookies are small pieces of data stored on the web browser on your computer. By using cookies, websites can track information about visitors’ use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.
6.INTELLECTUAL PROPERTY RIGHTS
Material contained on this website is protected by copyright. You may use this website only for your personal non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you may not use, copy, modify, transmit, store, publish or distribute any material on this website or create any other material using material on this website, without obtaining our prior written consent.
Registered trade marks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.
The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this website and material on it must not in any way infringe the intellectual property rights of any person.
To purchase from us you do not need to establish an account on this website. However, if you do:
We retain absolute discretion to refuse an account to be established, to terminate accounts, to remove or edit content where the account has not been kept in accordance with these terms and conditions.
It is your responsibility to provide your exact email address, delivery address and billing address and telephone number and to keep these current. Any incorrect information provided may lead to a delay in delivery in or non-delivery of the product ordered.
You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims. The information stored is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. No credit card details are stored by us.
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.
9.CONTRACT OF SALE
These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to variations in writing or by email.
- LIMITATION OF LIABILITY
10.1 Limitation of Liability
(a) Our liability to the Customer (and any party claiming through the Customer against us) for any claim for loss or damages (including legal expenses) made in connection with the Contract (including the supply of Goods described in the Contract) whether in contract, tort (including negligence), under statute, in equity or otherwise shall be strictly limited as follows (except to the extent that the law prohibits such a limitation):
(i) for any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, our liability is limited to the cost of replacement of those Goods as soon as reasonably practicable, or the repair of those Goods or the repayment (or allowance) of the Purchase Price of those Goods (at the option of Our);
(ii) for any liability arising from the services forming part of the Goods not meeting the scope
10.2 Consequential Loss
(a) We may hold the Customer liable, to the maximum extent permitted by law, for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods it supplies, where “indirect, special or consequential loss or damage” includes:
(i) any loss of income, profit, production, contract, customers, business opportunity or business;
(ii) any loss of goodwill or reputation;
(iii) any loss or damage resulting from the loss or damage to goods other than the Goods.
10.3 Defective Goods
(a) Any claim by the Customer in respect of defective, non-conforming or damaged Goods must be made in writing within 14 days of the delivery of the Goods, unless a longer period is expressly agreed to by us in writing.
(b) Despite any other provision of the Contract, we are not liable, to the maximum extent permitted by law, for:
(i) the cost of removal of Goods not meeting the specification or which are said to be otherwise defective or deficient, whether installed or otherwise;
(ii) the cost of installation of replacements for Goods not meeting the specification or which are said to be otherwise defective or deficient;
(iii) defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components or normal wear and tear and damage.
You may place an order by clicking the “Add to Cart” button.
When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions and are subject to any clause allowing for the cancellation of an order before property passes to you.
We will issue provide you with an Order Number by email after we have received your offer to purchase.
We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. To prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.
If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.
We only accept payment through PayPal and Credit cards (Visa and Master).
Payment will not be processed until we have received all relevant information required for processing to be completed.
The processing of payment for Orders placed on a weekend or a Public holiday will not begin until the next working day.
Some payment options might be disabled for security purposes, if your preferred payment option is not available kindly select the next preferred option for payment or contact us.
We process PayPal payments when you checkout from the product order screen.
We only accept Australian credit cards only. We do not accept international credit cards.
We process Credit cards payments when you checkout from the product order screen.
Whilst we employ the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
If Your selected payment method triggers Our fraud prevention process, We may contact You to confirm additional details, or cancel the transaction. In this case, until Your Order has passed Our fraud prevention process, Your Order will not be fulfilled. If you fail to provide the requested information within 3 working days, Your Order will be cancelled and Your payment will be refunded back to the selected payment method. These information requests are sent to help protect credit card holders from online fraud.
The estimated delivery times are within working days Monday to Friday excluding public holidays. Normal delivery is within 2 to 14 working days from the date of payment.
We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.
We encourage you to check your email and track your item by the provided tracking number. Please contact us if your item/s are not delivered within 14 days from the date of purchase, any claims of non-delivery outside this time frame will be considered delivered to you.
Please note: The investigation process can take upto 15 working days to resolve. Once our team receives any outcome from our 3rd party courier company we will contact you immediately to provide a resolution.
PASSING OF PROPERTY
Property in the product passes to you upon receipt of the product by you.
Please also note that deliveries with address on some farms, mine sites, islands, Aboriginal sacred sites and other regional or remote locations may not be accessible to our couriers and will not be able to deliver to your door steps. In such cases our courier will contact you for alternate delivery options.
- Using your product
This product is to be used for noncommercial water recreation with proper adult supervision. This is not intended as a flotation device. It is recommended that all users wear a suitable life jacket or personal flotation device (PFD) before entering the water. Users of this product assume any and all risks of injury. The safest location for use of your Crocpad is in sufficiently deep water, away from boat traffic and clear of obstructions, such as piers, docks, rocks and sandbars, etc. After you find the ideal location to place your Crocpad, attach the leash directly to an anchor or mooring point to keep it from drifting away. If you plan to leave it in the water for an extended period of time during the day, you should attach a buoy or marking flag. It is not intended for use on land or in swimming pools.
Your Crocpad is not a toy that is designed to be pulled or towed behind a boat or personal watercraft and as such does not have any braking or steering devices. Towing it is dangerous and could cause damage to the foam mat and people.
– Common sense should dictate the number of persons allowed on the Crocpad at one time.
– Never allow a child to use the Crocpad without supervision.
– The Crocpad is not a lifesaving device.
– Do not leave children unattended while in use.
– Use only under competent adult supervision.
– Only to be used in water in which the child is within its depth and under adult supervision.
– Do not swim or play under the Crocpad and do not dive from the Crocpad.
– Do not jump from other objects onto the Crocpad.
– Never use the Crocpad if you are under the influence of alcohol or drugs.
– Do not attempt to swim from the mat to another object or the shore if you are fatigued.
– Never use the Crocpad during storms where lightning is present, before sunrise, or after dark.
– It is not invincible, so please keep the Crocpad away from sharp objects, stumps or edges.
– Inspect the Crocpad, tethers, cords and anchors for wear or defects before every use. If the mat is anchored, precautions should be taken to eliminate activities that could cause entanglement in the tether leash or anchor rope.
- Care and Maintenance
The Crocpad is made from cross-linked polyethylene foam and does not require any other floatation device or air, so set up and maintenance is simple.
Use a sponge to wipe off any foreign material or debris that could scuff or damage the surface. UV rays are damaging to the surface and could cause fading and hazing of the surface if left in sunlight for weeks at a time. To prolong the life and appearance of your Crocpad, keep it dry and protected from sunlight and the elements when not in use.
Your Crocpad comes with a one year warranty as set forth below and is given by Crocpad.com.
In respect to products purchased and used in Australia. Crocpad products, when delivered to you in a new condition in the original box, are warranted against defects in material or workmanship for one year from date of purchase so long as the product remains in the possession of the original owner. Defective product(s) returned to Crocpad.com and proven to be defective upon inspection, will be repaired or exchanged for a new product where applicable.
The warranty period for any replacement product shall be consistent with the terms set forth in the original One Year Warranty. When returning any product under this One Year Warranty, you must first contact us to obtain return authorization. The product must be packaged securely with a copy of the invoice or bill of sale, together with a complete description of the defect. Shipping charges, if any, will be prepaid by the customer. Products covered by this One Year Warranty will be returned to you without charge by Crocpad.com .
The One Year Warranty covers only manufacturing defects and does not apply in the following cases:
– Loss or damage to the product due to abuse; mishandling; alteration; accident; failure to follow maintenance or storage instructions; or any acts of God, including storm or animal damage.
– Loss or damage to the product from towing or incorrect tethering.
– Surface snags, scuffs & tears from sharp objects, including metal objects, nails, claws, swimsuit ornamentation, jewellery, other water toys, etc.
– Wear and tear from normal use and weathering, including weathering from UV light. This One Year Warranty shall not extend to anyone other than the original purchaser of the product. No implied warranty, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, or fitness for a particular purpose, applies to the product after the applicable period of express warranty stated above. No other express warranty, except as mentioned above, given by any person, firm, dealer or corporation with respect to your Crocpad shall bind Crocpad.com.
Crocpad.com will not be liable for loss of revenue or profit, failure to realize savings or other benefits, or for any other special, incidental or consequential damages caused by the use, misuse or inability to use the product regardless of the legal theory on which the claim is based, and even if Crocpad.com, has been advised of the possibility of such damages.
Nor shall recovery of any kind against Crocpad.com be greater in amount than the purchase price of the product sold by Crocpad.com. Without limiting the foregoing, you and any user of your Crocpad, assumes any and all risks and liability for loss, damage or injury to you, your property, and to others and their property arising out of the use, misuse, or inability to use any product sold by Crocpad.com, not caused directly by the negligence of Crocpad.com.
This One Year Warranty gives you specific legal rights, and you may have other rights which may vary by state. Should you have any questions, please contact us via our website www.crocpad.com.