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Terms & Conditions

Welcome to Aquaeleven.com.au. Please read these conditions carefully before using our website as they affect your rights and liabilities under the law. By using this website or making a purchase either electronically via this website, or by phone, or in person with a representative of Aqua Eleven you agree to be bound by these terms and conditions.

Aquaeleven.com.au” provides the content and services available on the Site to you subject to the following terms and conditions (“Terms and Conditions”). By accessing or using the Site, you acknowledge that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms & Conditions which include our Privacy Policy.

Application of terms and conditions of sale 

By completing the product purchase order form and clicking on the “Add to cart” button and submitting an order via “Aquaeleven.com.au online system, customer represents and warrants that customer has the requisite legal capacity, authorization and consent (under the relevant laws in the relevant jurisdiction) to contract with “Aquaeleven.com.au and agrees to be bound by the Terms and Conditions. 

The Terms and Conditions represent the complete and existing contract between customer and “Aquaeleven.com.au” in relation to a purchase of any of the products. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by “Aquaeleven.com.au shall be subject to amendment without any liability on the part of “Aquaeleven.com.au. Customers below the age of 16 are to seek parental consent prior to making any online purchases. “Aquaeleven.com.au reserves the right to amend, add or vary any of these Terms and Conditions at any time without prior notice.

Accuracy of information

“Aquaeleven.com.au makes every effort to ensure that all information on this site is up to date, current and correct. However,“Aquaeleven.com.au does not warrant, represent or guarantee that this information is up to date, current and correct, except for displayed prices (obvious computer programming errors accepted). We will not be liable to you/or any third party for any consequential or incidental damages (including, but not limited to, loss of revenue, loss of profits, wasted expenditure, loss of privacy and loss of data) whatsoever that arise out of or are related to the use of this web site and/or any information contained therein.

Product warranty

All applicable products come with a manufacturer warranty, unless the manufacturer has provided none. “Aquaeleven.com.au“shall pass on any product warranty offered by manufacturer of the products to customer. However, as “Aquaeleven.com.au” does not manufacture the products itself, “Aquaeleven.com.au” shall neither be held responsible for any faults or defects of the products nor shall it be liable for any claims for loss, harm or damage by the customer or any end-consumer or any third party arising out of or in connection with the products. Customers will be responsible for all transport cost to and from “Aquaeleven.com.au” for all warranty claims and will be responsible for cost between us and the factory or repairer. Please consider these costs before buying from “Aquaeleven.com.au”

Return policy

In the event that the products or parts of the products are damaged, defective or faulty (through no fault of customer),“Aquaeleven.com.au” shall, at its discretion:  Replace the same products or part(s) due to manufacturing fault. 
Provided that: 
• the Customer notifies “Aquaeleven.com.au” “with a photo of damaged goods in packaging” & their intention to return the products within 24Hrs of the delivery or deemed delivery of the products to customer; all photos and notifications send to Sales@aquaeleven.com.au

• the Customer returns the products or part(s) thereof toAquaeleven.com.au” in their original undamaged packing to such collection point designated by “Aquaeleven.com.au”; and must be accompanied with the sales invoice with the date of purchase and a brief description of the fault of the product(s). 
“Aquaeleven.com.au” agrees to such return of the products or part(s) thereof by the customer. 
• the Customer shall bear all delivery charges in relation to the return of the Products or part(s) thereof to the collection point designated by “Aquaeleven.com.au”. 
“All our goods sold are non-exchangeable and non-returnable.

Delivery service

Delivery of orders will be arranged within 1-3 working days upon receiving orders. There will be no delivery service available during weekends (Saturday and Sunday) or public holidays unless otherwise stated. 

Deliveries will be charged according to the prevailing shipment rates. The rates are available upon checkout.  Subject to the Order Cancellation Policy by “Aquaeleven.com.au”, “Aquaeleven.com.au” shall be obliged to deliver the products to the customer only upon confirmation of customer’s order and receipt of full due payment  from the customer. 

Freight Policy

We recommend purchasing freight insurance when buying goods from “Aquaeleven.com.au”

If the goods are insured and have been damaged or broken in transit then you must refuse to accept the order and notify us immediately. 

All Parcels must be checked on delivery and before the courier leaves the premises with a signature! 

We do not cover freight expenses on warranty claims.

You will bear the risk of loss or damage to the goods, unless we have agreed to insure the parcel, in which case we are liable to pay you only up to the limit of the agreed insurance. You will always bear all risk of loss or damage arising in connection with the goods. We will not be liable for any delay, loss or damage arising from the supply of or failure to supply service (including deterioration, miss-delivery or failure to deliver goods), for any reason whatsoever including breach of contract and negligence. We and any agents and subcontractors used by us have the benefit of these exclusions and limitations of liability even if any loss or damage arises for any reason whatsoever.

Whilst our couriers will make every endeavour to deliver your parcel, there may be instances where a collection card will be left. Should this occur, the onus will be on the customer to arrange collection or redelivery with the courier.  Unfortunately we are unable to accept redelivery charges. 

Insurance will not be included on any sold products that require insurance; you will need to instruct us to do so upon checkout.

Order acceptance 
“Aquaeleven.com.au” will send and electronic acknowledgement to the customer within 24 hours upon successful submission of the electronic order. “Aquaeleven.com.au” cannot guarantee that every title offered for sale online would actually be shipped immediately as our inventory level may fluctuate on daily basis. In a rare situation, a title may be in stock when you place your order and sold out by the time your order is processed. However, for any title which you place an online order and is found to be sold out at the time of processing; “Aquaeleven.com.au” will inform you by email & remove the Product from your order. . If we are unable to fulfil the order within the specified time laid out in our deliveries section we will contact you via telephone or email to offer alternative product or refund.

On completion of your order placement, you will be presented with a screen confirming your purchase, A confirmation email will also be sent with an order number which you agree will satisfy any legal requirements that such communication be in writing. The order number must be quoted in all correspondence.

Order progress

Should you wish to check on the progress of any order placed with us, please ensure you quote your order number, Full Name & address; or alternatively you can log into your account and check the status of your order. We regret that we will be unable to check on the progress of any order without the provision of such information

Incorrect delivery address

To enable us to complete our contract with you, and successfully deliver the goods to the address you supplied on the order (or any subsequent change to the delivery address which we have agreed) you must supply us with a full, complete, and correct delivery address.

If the address supplied subsequently turns out to be not full, complete and correct (including the Post Code) you will be responsible for any additional charges levied upon us by the carriers as a result.

If the goods are sent are lost or not delivered as a result of the supplied address not being full, complete and correct, then you are fully responsible for the delivery failure, and we will not refund the value of the goods or any original carriage charges, nor send replacements. However, in the event of any error in the addressing on our part, then of course, you would not be held responsible in any way, and we would resolve the problem at no cost to you.

Late delivery, non-delivery, partial delivery

Any time period indicated at the Website as to the delivery period of the products are estimates only. “Aquaeleven.com.au” shall undertake all reasonable efforts to ensure that the products are delivered to customer within the relevant period(s) specified at the website, or as agreed between “Aquaeleven.com.au” and customer. Notwithstanding the aforesaid, “Aquaeleven.com.au” is unable to guarantee there shall be no late delivery or non-delivery of the products and ”Aquaeleven.com.au” makes no representations or warranties that the products will be delivered within such period(s). Customer hereby agrees that “Aquaeleven.com.au” shall not liable for any loss, damage, and cost or expense suffered or incurred by customer as a result of such late delivery or non-delivery. 

Cancellation of orders 

An order may be cancelled if “Aquaeleven.com.au is notified in writing before the order is sent. A 20% handling/processing fee will apply. If for some reason we cannot supply the product within two weeks no fees will be charged when the order is cancelled (excludes special order items). Please note special orders cannot be cancelled unless goods are not available within 30 days. 

Any refunds will be credited to the account on which the order was purchased.

Terms of payment 

Payments for all orders received must be payed for by EFT (electronic funds transfer) direct deposit or PayPal. Cash on Delivery payment option is not excepted.
“Aquaeleven.com.au” currently accepts only EFT, Direct deposit and PayPal payments. International customers should note that all prices quoted are in Australian Dollars by default. You’ll be charged according to the prevailing exchange rate on the day that your bank posts the transaction. All prices quoted are exclusive of delivery charges, taxes/levies and other fees, unless otherwise stated. 
“Aquaeleven.com.au” does not charge any customs duties on International shipments; however “Aquaeleven.com.au” cannot guarantee that customs charges will not be applicable to your package when it reaches your country. “Aquaeleven.com.au” is required by law to declare the contents of international packages and to state the full value of the shipment, even if the package contains a gift. “Aquaeleven.com.au” is not responsible for these charges and cannot provide estimates as to what these charges may be. You may wish to contact your local customs office or post office for further information. 

Stock availability

Our ordering system is designed to indicate items which are unavailable at the time of ordering, however, due to stock control limitations, “Aquaeleven.com.au are unable to guarantee the absolute accuracy of such information. In the event that items are not available once order processing commences, you will have the opportunity to either; cancel your order, amend your order or carry on waiting. If you choose to split the order we reserve the right to treat the order as two separate orders and charge carriage on either or both if applicable at our discretion.

Additional charges

All orders are subject to additional charges for handling, packing and delivery. These are calculated and displayed during the ordering process. We reserve the right to alter these displayed charges after order completion in the event of an incorrect country or area selection. All charges are based on the weight of the goods and the final destination. If you wish to find out the charges which would apply to particular goods to a specific destination, then add these items to your shopping basket and complete the online order form. You will be shown the final carriage charges for your destination prior to having to enter any payment details.

Complaints

If you ever have any cause for complaint, then please contact us straight away. Email us at sales@aquaeleven.com.au  We will acknowledge your complaint within 2-5 working days, and will try to resolve the problem immediately or in any case within 5 working days. You will always be kept informed of the progress of your complaint.

Parcel Tracking 

For your peace of mind and convenience, we always use a traceable delivery method, which means you, can track and locate the whereabouts of your parcel while it’s being delivered. A tracking number will be supplied upon commencement of delivery process.

Applicable Law and Jurisdiction 

By using this website you have agreed to be governed by and construed in accordance with the laws of the State of Victoria without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Victoria and further agrees that any cause of action arising from or relating to the use of this site or this agreement shall be brought exclusively in a court in Victoria. . 

The Conditions will be exclusively governed by and construed in accordance with the laws of Victoria  Australia whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. 

By using our website you have agreed to and accepted all our Terms and Conditions

 

Email subscription

Subscribing

Registering on “Aquaeleven.com.au” allows users to be included in our email mailing list. Our emails include information on special offers, new product arrivals and other communications. You can subscribe by registering on the homepage.

Unsubscribing

Every e-mail marketing campaign we create has an unsubscribe option at the bottom of the e-mail. If you no longer want to receive email communications simply unsubscribe by following the link. Users will be removed from our mailing list once the unsubscribe option is selected.