- Agreement
1.1. You should read these Terms and Conditions carefully. In these Terms and Conditions “We”, “Our” or “Us” means kiewavalleysnowsports.com.au trading as Kiewa Valley Snowsports (“Kiewa Valley Snowsports”) and includes its directors, employees and agents; and “You” or “Your” means the person who accepts these Terms and Conditions, by using the website and associated software, networks and processes.
1.2. The website is operated by Kiewa Valley Snowsports.
1.3. By browsing the Website You agree to these Terms and Conditions as set out below.
1.4. The Agreement cannot be varied except in writing.
- Interpretation
2.1 In these Terms and Conditions: “Agreement” or “Terms and Conditions” means this document and all the terms and conditions contained within it, including any requests placed by You through the Website (if applicable). “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media). “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website. “Product” means any item listed on the Website (for sale or otherwise). “Website” means the internet site located at the URL kiewavalleysnowsports.com.au and operated by Kiewa Valley Snowsports p/l.
2.2 Any reference in this Agreement to the singular includes the plural, to any gender, includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. 3. Site Use 3.1. The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Kiewa Valley Snowsports is not responsible for the content or privacy practices associated with linked websites.
3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws that apply to you.
3.3. You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. Kiewa Valley Snowsports takes no responsibility for any such damage which may arise in connection with your use of the Website.
- Product Specifications
4.1. Features and specifications of Products described or depicted on the Website are subject to change without notice.
4.2. All weights and dimensions mentioned are approximate.
- Orders, shipping and refunds
5.0 If you choose Australia Post as the delivery method and do not take out insurance, if the items get lost the risk is yours and we cannot compensate you for the loss, if you chose Fastway as the courier the items are automatically insured.
5.1. You may place an order for a Product by visiting our online website and using the checkout function of the shopping cart.
5.2. When you place an order on our online website, You make an offer to purchase the Product at the price stated on the Website.
5.3.A contract of sale is formed only after:
a. cleared funds have been received into the bank account of Kiewa Valley Snowsports (the time for this to occur may vary depending on the method of payment chosen); and
b. We have notified You that the order is complete.
5.4. We reserve the right to not accept any order in our absolute discretion including if the price displayed for a Product is an error. In such a case We will notify You of the error, and the correct price at which an offer to purchase the Product can be made
5.5 If you return a product that was sold with free shipping, we will refund the amount you paid less the cost we paid for shipping the goods to you.
5.6 PayPal will no longer refund any fees if an item is returned unless it is faulty, so we cannot refund returned items in full if PayPal was used for payment, the fees are usually around 5% of the total price paid.
5.7 Free shipping will not be available to the more remote areas of Australia that are not covered by Aramex (Fastway) couriers, please check before placing your order.
- Warranties
6.1. Each product sold by Kiewa Valley Snowsports is covered by the relevant manufacturers’ Standard Warranty.
6.2. To the extent permitted by law, the warranties referred to in clause 6.1 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
6.3. Kiewa Valley Snowsports will carry spare parts for each Product for the length of the Standard Warranty period. Kiewa Valley Snowsports does not guarantee the availability of spare parts outside of these periods. Where a Product is outside of warranty, Kiewa Valley Snowsports reserves the right to refuse to supply spare parts where limited stock is available.
6.4. Certain legislation may imply warranties or conditions or impose obligations upon Kiewa Valley Snowsports which cannot be excluded, restricted or except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Kiewa Valley Snowsports is able to do so, its liability will be limited, at the manufacturers/importers’ option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.
- Intellectual Property
7.1. All Intellectual Property in any Material on the Website is the property of Kiewa Valley Snowsports. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
- Indemnity
8.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against Kiewa Valley Snowsports which are connected with, arise out of, relate to or are incidental to the use of the Website.
8.2. You agree to indemnify and to keep indemnified Kiewa Valley Snowsports and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Kiewa Valley Snowsports arising out of or in connection with the your use of the Website and the use of any Kiewa Valley Snowsports Products outside the manufacturer’s specifications.
- Liability
9.1. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Kiewa Valley Snowsports (in negligence or otherwise) is limited (at the option of Kiewa Valley Snowsports) to these Terms and Conditions.
- General
10.1 Kiewa Valley Snowsports reserves the right to make changes to the Kiewa Valley Snowsports website and these Terms and Conditions without notice.
10.2. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
10.3. A failure or delay by Kiewa Valley Snowsports to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Kiewa Valley Snowsports does not preclude its future ability to exercise that or any other power or right.
10.4. These Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.
