Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://hoverboardstore.com.au website (the “Service”) operated Hoverboard Store Australia (“us”, “we”, or “our”).
Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We will provide a full refund if the product is not as described, we will replace and repair as per our warranty policy. Refunds will be processed after the board has been returned.
OUR EXCHANGE/RETURNS POLICY
If your Hoverboard, is FAULTY or not working in anyway or you are not 100% happy please contact us to let us know and send the item back complete within 7 days of receiving the product. We will inspect then refund you the item cost or you can exchange it for another item you choose of the same value.
If you have any more questions about our products or exchange we are happy to discuss any inquiries via email or the contact page on this site.
- Subject to the terms and conditions set out below, Hoverboard Store agree to replace the Product (as the case may be) which it supplied to you at its own cost, in circumstances where the Product does not perform in accordance with our product specifications during:
the Standard Warranty period of 12 months on all other parts, commencing on the date of delivery of the Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
- The benefits provided to you by this contractual product warranty are in addition to other rights and remedies available to you under the law.
- Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Standard Warranties.
- Hoverboard Store requires any customer requesting service under the Standard Warranties to comply with directions from our staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions.
- Where Products are already faulty or damaged upon delivery, photographic evidence of the damage must be submitted to us before the Product will be repaired or replaced in accordance with these terms.
- Hoverboard Store reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, we reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, we will determine, at our discretion, the closest Product within the then current range of Products offered by us with which to replace the faulty or damaged Product. The replacement Product may differ with the replaced Product in size and specifications, at the reasonable election of Hoverboard Store Australia. We may replace parts with refurbished parts. Replacement of the Product or a part under the Standard warranty does not extend or restart the Standard Warranty or Warranty period.
- If Hoverboard Storeis unable to repair or replace the Product, the customer will be provided with credit for Hoverboard Store retail store or may be refunded the price of the Product (at Hoverboard Store Australia’s election). This credit or refund will be for the amount of the purchase price of the Product excluding the associated Delivery Cost.
- Where Hoverboard Store authorises warranty service of a Product, we will organise for our authorised courier to pick up the Product during business hours (between 9am and 5pm, Monday to Friday) and deliver it to the appropriate authorised repair centre, provided that the Product is safely and securely packaged for safe transport. In this situation Hoverboard Storewill cover the cost of transport of the serviced Product to and from the Customer. Alternatively, the Customer may take the Product to the appropriate repair centre for service if Hoverboard Store specifically authorises the Customer in writing to do so. Alternately, the Customer may post the Product as directed by Hoverboard Store if Hoverboard Store specifically authorises the Customer in writing to do so, in which case Hoverboard Store will refund the Customer the cost of the postage on provision of a scanned copy of the postage receipt. Where the customer is located outside Australia, Hoverboard Store may require that the Product be sent to partners in Hong Kong, Singapore or Australia, as directed by Hoverboard Store Australia.
- Hoverboard Store reserves the right to determine which authorised repair centre (including Hoverboard Store Australia’s internal repair facility) is the appropriate service location in any particular circumstance.
- The Product will be at the Customer’s risk while in transit to and from the Hoverboard Store Authorised Repair Centre.
- Hoverboard Store may seek reimbursement of any costs incurred by us where the Product is found to be in good working order.
- Hoverboard Store reserves reasonable discretion to determine whether any Product is or is not performing in accordance with the Hoverboard Store Australia’s specifications, subject to applicable law.
- The Standard Warranties are transferrable to a new owner of a Product originally purchased from HoverboardStore.com.au, provided Hoverboard Store is informed by contacting Hoverboard Store Sales via email within 7 days of the date of transfer.
- There will be a void with the warranty for the item if the following occurs: installation errors, misuse/abuse,water damage, accidental or intentional damage & faulty DIY activities.
- To the full extent permitted by law, the Standard Warranty will not apply in respect of a Product:
If the Product has not been installed, operated, maintained or used in accordance with the manufacturer’s instructions or specifications provided with the Product;
If the factory-applied serial number has been altered or removed from the Product;
To damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product;
To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer, unless otherwise specified in these Warranty Terms and Conditions;
To any third-party software or hardware not contained in the Product as originally configured by the manufacturer;
To any failure, to the extent that the failure is not a failure of the Product to perform in accordance with its specifications;
To replacement or repair of any consumables (including batteries, lamps and cables), or lost parts or accessories;
To service and support of any software operating system or application installed on any Product, except to assist in restoring the Product to its factory default settings; or
To service of any product whilst it is outside Australia.
- To the full extent permitted by law:
Hoverboard Store will not be liable for any loss, damage or alterations to third party hardware, software, programs, data and/or information stored on any media or any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage.
Hoverboard Store’s aggregate liability in respect of all claims under the Standard Warranty and Extended Warranty shall not exceed the original purchase price of the Product or, at Hoverboard Store’s option, replacement of the Product with a like or similar Product.
Hoverboard Store excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.
- Insofar as they apply to warranties relating to Products supplied by Hoverboard Store, these Standard and Extended Warranty Terms and Conditions are governed by and must be construed according to the law of the State of South Australia and the parties submit to the jurisdiction of the courts in that State.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
For further information please email us at email@example.com
Layby Terms, agreements and contract
Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY powered by PayPal checkout payment option to be fair and reasonable per the Fair Trading Act 1999.
The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:
- Record of Payment
A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
- Storage and Identification of Lay-Buy Products
Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
- Cancellation of Lay-Buy by Buyer
The buyer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally.If a buyer cancels a Lay-Buy, seller will, if so requested by the seller, give the buyer a “cancellation statement” which sets out-
a) The purchase price of the products; and
b) Advise customer of the cancellation fee payable to seller under all Lay-By terms and conditions; and
c) The total amount paid under the Lay-Buy; and
d) Any amount owing to either the buyer or seller under the layby terms on the cancellation of the Lay-Buy.If seller does not accept the buyer’s oral cancellation it is obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately.
- Cancellation of Lay-Buy by Seller
The seller under a Lay-Buy must not cancel it unless –
a) The buyer breaches a term of the Lay-Buy; or
b) The seller stops trading; or
c) The products are no longer available
- Cancellation on breach by Buyer
If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must –
a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
b) Allow the buyer at least 14 days within which to rectify the breach; and
c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
III) must state the time within which the buyer must rectify the breach;
IV) must state the matters listed per below:* the purchase price of the products;
* all cancellation charges payable under the agreement; and
* the total amount paid under the Lay-Buy;
* any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
- Cancellation where business closes
If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
(a) allow the buyer 7 days within which to complete the agreement; and
(b) cancel the Lay-Buy
- Cancellation where products not available
If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
- Effect of Cancellation
Subject to the above, when a Lay-Buy is cancelled by either party, Seller must refund all money paid within 14 days less a AUD $25 cancellation fee. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Lay-Buy statement.
- Cancellation Charge
Seller shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
- Banking Charges back Fees
The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
- Service Fee
Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 0.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
- Lay-Buy Reporting
Seller shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
The seller will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals.
14.1 This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
14.2 This Agreement may be amended only by a written instrument duly executed by all parties hereto.
14.3 The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
14.4 This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
14.5 Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.