Terms & conditions
In these Terms and Conditions “Goods” means goods provided by Waluew Brothers Pty Ltd ACN 133 034 554 as trustee for the Thorbra Family Trust, trading as Burleigh Bodyboard Shop (“BBS”) to you from time to time.
These Terms and Conditions may be altered by BBS at any time by notice to you or by means of a notice on this website, and apply to the exclusion of any other terms.
1) Orders: You may place orders for Goods on-line via this website (“Order”). Each Order is a separate contract. All Orders are subject to the availability of Goods. BBS reserves the right to refuse Orders whether whole or in part in its absolute discretion.
2) Cancelled or Varied Orders: Orders are not subject to cancellation once made. BBS reserves the right to charge for Goods purchased, materials used, or labour incurred and all other costs associated with any Orders cancelled or altered.
3) Payment: You will pay the purchase price (including chargeable fees) of Goods at the time of Ordering by credit card, or as otherwise may be agreed with BBS in writing. BBS will provide a receipted Invoice with the shipping of each Order. You will pay BBS any GST payable for the supply of the Goods. You are responsible for all duties, taxes, and clearance charges that may be levied on the Goods from time to time.
4) Title & Risk: Title in Goods passes to you once you pay for those Goods in full. Risk in Goods passes to you on shipping of the Goods to you, unless you arrange for shipping of the Goods in which case risk passes to you when the Goods leave BBS premises.
5) Defects: You must notify BBS of any alleged defects in Goods within seven (7) days of shipping of the Goods to you. In the event that BBS is satisfied (in its sole discretion) that the Goods are defective, then BBS will either repair, replace, credit, or refund the purchase price of the Goods provided that the defects have arisen as a result of faulty materials or workmanship, and the Goods in the reasonable opinion of BBS have not been damaged as a result of maltreatment, inattention or interference.
6) Manufacturer’s Warranty: Some Goods are covered by a manufacturer’s warranty. This information will be provided to you with the supply of your Goods. Where you wish to make a claim under the manufacturer’s warranty you must contact BBS immediately after identifying the fault with the Good. BBS shall then inform the relevant manufacturer. Any remedy provided by the manufacturer is at the manufacturer’s sole discretion, and BBS shall not be liable for any failure or otherwise of the manufacturer to make-good the manufacturer’s warranty. The care of your board is vital. Please note that any manufacturer’s warranty may become invalid due to misuse. Manufacturer’s warranty will not cover creasing, bubbling or any other misuse of boards.
7) Damage to Goods during Shipping: You must notify BBS within forty-eight (48) hours of shipping where Goods have been damaged during shipping to you. In that instance you must retain all packaging in which the Goods were shipped. We may require you to lodge a claim through Australia Post or the relevant freight company.
8) Change of Mind or Incorrect Fit: Where you have changed your mind post shipping of your Order, BBS may at its sole discretion allow you to return those Goods and provide you with an exchange or a credit note. All Goods returned must be received by BBS within fourteen (14) days of the shipping date, in the same condition as when shipped – that is with all tags still attached and unused/unworn. BBS will not accept Goods for exchange or credit note where the Goods have been washed or worn. For that reason, BBS recommends that after you receive your Order you try on all Goods in a clean dry environment. Where Goods are returned, you will be responsible for the freight/postage cost in returning the Goods to BBS and the freight/postage cost incurred by BBS when re-shipping any exchanged Goods to you. Note: BBS will not accept Goods purchased at a reduced sale price, DVDs, or boards that have been plugged for return.
9) Limited Warranty: BBS warrants that the Goods will be free from defects and of merchantable quality. To the extend permitted by law, all other warranties, express or implied, are hereby excluded.
10) Exclusions & Limitations: BBS does not warrant that any illustrations of any Goods on BBS’s website is an exact or accurate representation of the Goods. Colour charts provided on our website are example only, and actual shades may vary. In the case of a warranty provided under the Trade Practices Act 1974, BBS’s liability is limited to supplying the Goods again, or paying the cost of having the Goods supplied again. BBS will not be liable to you (whether in contract, tort, or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit which may arise under these Terms and Conditions or the use of the Goods.
11) Indemnity: You indemnify BBS against all damages, losses, costs, and expenses incurred by BBS arising out of any breach by you of these Terms and Conditions, any injury or death of any person, arising from your performance of the obligations or the exercise of your rights under these Terms and Conditions, including the use of any Goods.
12) Governing Law: These Terms and Conditions are governed by the laws of Queensland, and you submit to the non-exclusive jurisdiction of the courts of Queensland.
