How should you read this agreement is set out in Part 1, and the same is applicable for Part 2 and 3.
This is an obligatory contract based agreement between you and
When you are using any of the below mentioned URLs:
The terms mentioned in Part 2 will be applicable.
When you visit or use the websitehttps://hoverboardsgalore.com.au to see or buy any product listed for sale (Goods), the other conditions mentioned in Part 3 will be applicable.
Please refer to Part 4 for the rules of understanding applicable to this agreement.
By making use of this Website or buying Goods from this Website, you are agreeing to the terms & conditions set out.
We are free to alter these Terms any time by updating this page, can your continued usage of this website will imply that you are abiding by and agreeing to the updated terms and conditions as amended. However, the term published at the time of purchase will be applied to your Goods, even if the terms have been updated before your Goods have been delivered to you.
PART 2: Terms and Conditions for the Website
This Part 2 is applicable at the time of using our Website
1. Your commitment
You must make use of the Website only how it is mentioned in this Terms and other laws if mentioned here. You must also make sure that your staffs, agents, associates or anyone uses or access the Website must comply with the Terms and Condition stated in this page and applicable laws, if any.
You, in no condition should :
(a) copy, imitate, reproduce, interpret, adapt, disagree, sell, alter, decode or decompile any section or feature of the site without the articulated consent of Hoverboards Galore;
(b) use the site for any reason apart from the purposes of selecting, browsing or buying Goods;
(c) use, or try to use, the site in a way that is unlawful or deceitful or facilitates unlawful or falsified activity;
(d) use, or try to use, the site in a way that may obstruct with, interrupt or create unnecessary burden upon the website or networks or the servers for Website hosting;
(e) make use of the site with the support of any automatic tool for scripting or software;
(f) behave in a manner that may lessen or unfavorably impact the name of Hoverboards Galore, including Website linking with any other website; and
(g) attempt to violate the safety and confidentiality of the Website, or else impede with the normal functioning of the site, which includes by:
(i) acquiring unlawful access to site data or accounts;
(ii) scanning, testing or snooping the site for security exposures;
(iii) flooding, overloading, mail bombing, submitting a malware or virus or crashing the Website;
(iv) prompting or contributing to a deny-of-service assault against the site.
2. WEBSITE INFORMATION
(a) Whilst we make every attempt to make sure that the information on the site is as current and correct as possible, you admit and agree that Hoverboards Galore do not (to the highest extent permissible by law) guarantee that:
(i) The Website can be accessed anytime;
(ii) Any information given in the Website is correct or true.
(iii) Any information given in the Website is correct or true.
(iv) The Website will not have errors or defects; and
(v) Information you get or deliver through the Website will be protected or confidential;
(b) We may alter any information or function on the site by Website update at any point without notice. This includes product descriptions and prices as well as other content in the Website.
(c) Frequently asked questions or any informationpresent here are for general information purposes only and are not to be considered as analternative for any product manuals or statutory warnings that come with Goods you purchase according to Part 3.
It is your responsibility to ensure the security of your account that you have created with us, and to make sure that no unauthorized access is given to third parties or persons. You cannot use your account to post distasteful or intimidating content on the Website.
4. INTELLECTUAL OR TRADEMARK PROPERTY
(a) Hoverboards Galore is the Website owner. Everything else present on the site which includes but are not limited to text, logos, graphics, design, images, icons, sound and videos, pricing, software and downloads and hold back all rights in every intellectual or copyright property owned or accredited by it not specifically authorized to you.
(b) You may make a provisional electronic copy any or all parts of the site for the only for viewing purpose. You, in no condition should otherwise transmit, copy, acclimatize, dispense, sell, change or publish the content of the Website or some part of the Website without prior on paper consent from Hoverboards Galore or as per the law.
(c) In this section 4, ‘intellectual property rights’ implies all patent, trade mark, trade, design, copyright, semiconductor and circuit layout rights, company and domain names, classified and other proprietary rights, and additional rights to registration of such rights whether made before or after the date of this contract both in Australia and all over the world.
5. TERMS AND CONDITIONS FOR THIRD PARTY
The Customer agrees and acknowledges that third party terms & conditions may be applicable. The Customer accepts any Third Party Terms pertinent to any third party goods or services, and Hoverboards Galore will not be legally responsible for any losses or damagesunderwent by the Customer in association with such Third Party Terms.
6. OTHER WEBSITES LINKS
The external links contained in the Website are not our dependability. We do not have or don’t take any control over the content present in linked websites. We neither approve nor endorse any of the linked websites.
Hoverboards Galore does not take responsibility for losses or damage occurred to computers, mobile phones or other electrical devices occurring in link with the usage of the Website. Precautionary measures should be taken from your end to make sure that the procedure you use for making access to the Website does not put your device or computer at the risk of being attacked by viruses or malicious codes.
8. REPORTING MALTREATMENT
If you come to know about any maltreatment of the Website by some individual or find any slip-ups in the content or any material of the Website or have any complicatedness in using or accessing any feature of the Website, you will inform us using the contact info provided on our Contact Us page.
PART 3: SUPPLY TERMS AND CONDITIONS
Part 3 of this terms and condition is applicable when you buy goods from our website.
1. ORDER FOR GOODS
(a) Using the functionality of the Website to purchase a product you agree and validate that you:
(i) Have the officially permitted ability and you meet the age limit to be a part of an obligatory agreement with our company; and
(ii) are authorized to make use of the credit or debit card through which you are initiating the payment.
(b) Submission of Purchase Order comprises your purpose and proposal to be one party of an agreement, where Hoverboards Galore will give you the Goods you ordered in return for the payment that is mentioned on the page at the time of checkout. An agreement is not considered until your payment is approved and you have got an approval email from us about the order confirmation and processing.
(a) (Payment obligations) Unless otherwise approved in writing, you have to make payment for all ordered products on or before Hoverboards Galore dispatching your order for delivery.
(b) (Card surcharges) Hoverboards Galore preserve the authority to deduct credit card surcharges in case payments are done using a credit, charge or debit card which includes MasterCard, Visa, American Express or Diners Club.
(c) (GST) Unless or else specified, amounts mentioned on the site do include Goods Service Tax. In connection to any Goods Service Tax or GST to be paid for a taxable delivery by Hoverboards Galore, you are required to pay the GST subject to Hoverboards Galore providing an invoice for Tax.
(d) (Online payment partner) Hoverboards Galore may employ 3rd-party payment supplier, such as PayPal or Afterpay as secured payment modes so that you can safely make payments for the Goods. Hoverboards Galore is not accountable for the performance or security of the 3rd-party Payment company. We hold back the authority to instruct or correct our Payment Provider to in case any error or mistake observed or reported by you in collecting your payment. We reserve the authority to ask for documents verification of your identity before any transaction is being processed.
(e) (Verification) We may ask you to give identity proof and supportive documents like driver’s license or passport, to protect against fraud and verify your transaction.
(f) (Pricing errors) If we find out a mistake or incorrectness in price at which you purchased our Goods including shipping expenses, we will try to get in touch with you as well as inform you about this at the earliest. You will, after that, get the choice of buying your hoverboard at the approved prices, or cancelling it. In case you cancelled the purchase but the payment amount has already been debited, it will be credited to your original payment mode.
11. USE OF GOODS
All Goods are evaluated and quality-checked by a third party that is compliant with Australian Safety Standards.
However, you have to use the Goods at your own risk. Besides:
(a) the Goods are not an substitute for transportation. The Goods are proposed for leisure purposes only;
(b) you must swap the charging machine every 6 months, and only replace it with the permitted charging device
(c) You, in no condition should keep the Goods somewhere that is above room temperature or 25 degrees Celsius;
(d) you must abide by product manuals, warnings and advice that comes with the Goods at all times;
(f) You, in no condition should ride the hoverboard while drunk or under the influence of any mind-altering substances;
(g) you must make use of the carry bag provided to transport or carry the hoverboard. You will find carry bags inside all hoverboard packages.
(h) you must only ride the hoverboard when it is safe to do so, in terms of your physical fitness, any water logging in the area or surface and the weather or any other factors that may affect you or the Good’s performance.
(i) you must only use the Goods where you are permitted to use.
(j) it is recommended to practice indoors before you are comfortable using the Goods outside. Practice on a flat carpet with enough open space surrounding the area, and avoid rising the Goods at uneven, wet or open terrain; and
(k) wearing suitable safety gear is a must which includes helmet, knee and elbow guards and everything else as per Australian Consumer Law safety standards.
While we always attempt to complete your orders, we may have to cancel your order where we are unable to provide the Goods. Our unavailability to provide the Goods shall be notified to you at the earliest. This may arise due to out-of-stock situation, an act of God such like aclimatic disaster, where we consider the transaction is falsified, or where the address for delivery is not accessible by our service providers.
Where payment has been debited twice, the full deducted amount will be credited back to your original method of payment, except you want to use the money as credit for another Good in your next purchase from our website.
13. DELIVERY AND SHIPPING
(a) Delivery charges will be applied as displayed on our Website.
(b) (Shipping) Every delivery time mentioned to you is an estimated time and are dependent on delays due to reasons not in our control. Hoverboards Galore do not assure or make any depiction that your ordered item will reach you or will be delivered to you as per the time estimation. We will not take responsibility for any damage losses suffered due to or related to late deliveries.
14. TITLE AND RISKS
a) Title to the Goods shall be given to you when we get your payment for the Goods in full amount. The dispatching will not be initiated until the payment is obtained, or an agreement for Afterpay is acknowledged by us.
(b) (Risk) You are accountable for the risks associated with the Goods after it has been delivered to you. You cannot refuse the delivery.
15. CUSTOMS AND TARIFF
Hoverboards Galore reserves the authority to reject international orders. International orders that are approved may be exposed to customs and import taxes after reaching its destined country. You shall be accountable to pay all customs tariff and import duties as well as concede that failure to pay may lead to in your order being held at customs. We shall not be responsible for the costs brought by you to yourself in having your product freed from customs. And also we are also not accountable to reimburse for any customs tariff or import charges you may have to pay.
16. REPAIRS, REPLACEMENTS AND RETURNS
(a) (Proof of Purchase) As a condition guide to us taking into account any refund or exchange, you must be capable of providing valid proof of the purchase of the Goods you want to exchange or return.
(b) (Mind change returns) Usually, we do not accept returns for reasons like “change of mind”. However, we may think about accepting returns in our utter discretion, conditional on your payment of up to $100 as administration fees to justify the services we are required to perform for accepting your change of mind return, and shipping costs as well. Change of mind returns will only be accepted if:
(i) the Goods are in their original condition, new and unused;
(ii) the Goods are returned within 10 business days of you receiving the Goods; and
(iii) we consent, in our absolute discretion, in writing to accept the return.
(c) (Faulty products) The subsequent process is applicable to any Goods you consider to be defective.
(i)If you think the Goods you received are defective, please contact Hoverboards Galore on the contact info mentioned on our official website describing the defect with proper image of the defect.
(ii) (Not faulty) If Hoverboards Galore find out in our practical view that the Goods is not defective, or the defect is because of fair deterioration or mistreatment, not being able to use according to the instructions given the manufacturer, or not being able to take care as mentioned, we will reject your return. We can accept repairing and sending your order back to you at your expense.
(iii) (Faulty) If we decide that the Good are defective, we will try to repair the fault for you at no extra cost from you. If the fault cannot be repaired, we will change the Goods and not charge anything from you, or refund you the amount in full. All refunds from our end are credited to your original payment mode. The costs of shipping for replacing products will be covered by us.
(v) If you are unable to abide by the requirements of this section 8 regarding faulty Goods, Hoverboards Galore may, in our full discretion, initiate only a fractional refund or zero refund with regard to such faulty Goods.
(vi) not anything in this section 8 is aim at limiting or otherwise affecting the warranty operation of a manufacturer which you may be expected to get under the law (including the Competition and Consumer Act 2010 (Cth).
(vii) If at all the refunds are approved, the Goods should be returned back to our warehouse at the expense of the customer. Refunds will be initiated only after inspecting the returned products.
(d) (Time limit) All requests for exchanges or refunds must be made within 10 days from the date of receiving the Goods, apart from where the Goods are defective.
(e) (Subcontracts)We may contract out or subcontract any repairing work to be carried out under these Terms without additional notice to you.
17. LIMITATION OF LIABILITY
(a) To the utmost point permitted by valid law, Hoverboards Galore excludes all accountability to a person for damage or losses of any sort, however taking place whether in bond, statute, tort (counting negligence), insurance, equity or otherwise, occurring from or connecting to the Goods in any way. This comprises any personal damage or death.
Claims for losses to Goods for shipment must be made against the company who is responsible for the courier delivery.
(c) Hoverboards Galore provides warranty that the Goods shall be fit for use and are of merchantable standard for a period of 1 year from the buying date.These warranties do not include Goods that are listed as aftermarket, used or refurbished, any damage caused due to your maltreatment, or any Goods that have been opened, modified or repaired by you or a third party.
(d) All other communication or obscure depictions and warranties, permitted by pertinent law, to the highest extent, are excluded. Any law (counting in the Competition and Consumer Act 2010 (Cth)) indicates a condition, contract, guarantee or warrantee into the Terms that may not legally be excluded, to the highest degree allowable by pertinent law, Hoverboards Galore’ legal responsibility for breaching of that non-excludable clause, warranty or guarantee will, at Hoverboards Galore’ choice, be restricted to:
(i) For goods, substitution of goods or the delivery of comparable goods or goods repairing
(ii) in cases of servicing, repeat services , or making payment of the expenditure of having the goods supplied once again.
(e) (Indemnity) You assure Hoverboards Galore and its staff and agents relating to all accountability for losses, damage or grievance which is or may be accrued by a you or someone else on your behalf who used the Goods.
(f) (Consequential loss) To the utmost extent allowable by law, under no conditions will Hoverboards Galore be legally responsible for any subsidiary, exceptional or substantial losses, harm for loss of data, company or business prospect, goodwill, projected earnings, saving or income cropping up under or in relation to the Goods, (excluding to the amount this legal responsibility cannot be expelled as per the Competition and Consumer Act 2010 (Cth)).
PART 4 : INTERPRETATION RULES
This Part 4 describes the interpretation rules that are applicable to this agreement.
(a) A notice or other interaction to a party under this contract must be:
(i) in written form and in English; and
(ii) delivered via email to the other party, to the email address mentioned in this agreement, or if no email address given in this agreement, then the email address most frequently used by the parties to communicate in relation to of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may renew their Email Address by notice to the other party.
(g) Unless the party sending the notice is aware of or practically have to to believe that an email was not delivered to the Email Address of the party, notice will be taken to be given:
(i) or when replied to by the other party; or
(ii) 24 hours after the email was sent, whichever is earlier.
2. GOVERNING LAW AND JURISDICTION
This agreement is administered by the decree applicable in Victoria, Australia. Each party irreversibly surrenders to the restricted authority of the Court Services Victoria, Australia regarding any proceedings popping out of or in relation to this contract. Each party always waives any doubt to the setting of any legal action on the base that the progression has been dragged in a forum which is not convenient.
This agreement may be adjusted by Website update. The terms & conditions of Part 3 will be applicable as stated on this Website at the time of buying.
None of the parties associated with this agreement may depend on the statement or behavior of another party as a right to waive the agreement unless it is in written form and with signature from the party giving the waiver.
Any term of this agreement which is completely or partly negated or unenforceable is disengaged to the amount that it is canceled or unenforceable. The legality and enforceability of the remnants of this agreement is not restricted or affected.
A party is not given rights to allot, notate or pass any of its commitments or rights under this agreement without getting written approval of the other party in advance.
Apart from as otherwise said in this agreement, each party is liable for its own expenses in relation to this agreement.
8. ENTIRE AGREEMENT
This agreement represents the complete agreement between supersedes and parties any previous negotiation, behavior, collection, understanding or concurrence, articulated or disguised, in connection to the topic of the agreement.
Any clause which by its nature is proposed to endure the finishing or termination of this agreement shall be present until further notice.
10. DETAILED INTERPRETATION
In this agreement, the below mentioned interpreting rules is applicable:
(h) (singular or plural) singular words indicate the plural and contrariwise;
(i) (defined terms) in case a term or phrase is specified as a definite meaning, in different part of speech or in other forms of grammar, that term or phrase contains a parallel meaning;
(j) (person) when referencing ‘person’ or ‘you’ indicates an individual, a company, the property of an individual, an alliance, consortium, an authority or multiparty venture, a trust, a partnership and any other organization;
(k) (party) a party is indicated as the executor of the party, administrators, heir and permitted allocators, including individuals taking by way of notation. When a trustee is involved, the party comprises of any additional or substituted trustee;
(l) (this agreement) a reference to a party, paragraph, clause, schedule, display, add-on or annexure is a party reference, paragraph, clause, schedule, exhibit, add-on or annexure to or of this contract, and a reference to this contract includes all schedules, exhibits, clause, add-ons and annexures to it;
(m) (headings) words written in bold font and headings are for better understandability only and shall not influence interpretation;
(n) (includes)the term ‘includes’ and alike words in any type should not to be considered as a word of limitation; and
(o) (negative interpretation) no proviso of this contract will be taken to mean negatively to a party as the other party was accountable for making this contract or that provision.