Terms And Conditions
These Terms and Conditions apply to the use of this website and the browsing, ordering, purchase, fulfilment and delivery of any products from www.surfland.com.au, which are supplied by Surfland WA Pty Ltd (ABN 16 621 733 168). By browsing or placing an order you are agreeing to the terms and Conditions set out below and form a legally binding contract between Surfland WA Pty Ltd and You the customer.
From here on Surfland WA Pty Ltd shall be referred to as “We”, “Us” or “Our” and the Customer will be “You” or “Your”. If you do not understand or require clarification on any of the Terms & Conditions please contact us via the contact page on this site.
If you are under the age of eighteen (18) years you cannot place orders with Surfland WA Pty Ltd. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
Website
The website may contain links to other websites, those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
You must take your own precautions to ensure that your process for accessing the website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We take no responsibility for any such damage which may arise in connection with your use of the website.
All intellectual property in any material on the website is the property of Surfland WA Pty Ltd, 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 thereof.
For information regarding your Privacy, please read our Privacy Policy
https://surfland.com.au/privacy/
Ordering
By purchasing a product on our website you are entering into a legal contract and are subject to all legal requirements under Australian Consumer Law.
Know your rights
https://consumerlaw.gov.au/consumers-and-acl
Surfland WA Pty Ltd reserves the right to decline to enter into a purchase contract with you and may cancel your order at any time prior to dispatch of the product(s).
In the event of a cancelled order, funds paid in relation to that order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
We do not accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections.
Where you have provided an incorrect or incomplete delivery address for your order, we may charge a redelivery fee for each subsequent delivery attempt.
Pricing
Prices displayed on the website are subject to change without notice. Once an order has been processed the price of the product cannot be varied unless by agreement by us.
Every effort it taken to ensure prices are correct, however if prices are shown incorrectly and obviously by mistake we reserve the right to refuse to fulfil an order and either refund payment or seek additional payment for the difference.
All prices listed on the website exclude freight costs unless otherwise stated. Freight is shown separately on the order or in the shopping cart.
Payment
We accept the below payment methods for online sales
- PayPal
- Stripe
- Zip Pay
- Bank Transfer
If your nominated payment method triggers fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your payment has passed our fraud prevention protocols your order will not be fulfilled. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid.
These information requests are sent to help protect credit card holders from online fraud.
Product
We make every effort to ensure product specifications are accurate and as described or depicted on the website. Should for some reason specifications be well outside those on which a buying decision has been made please refer to our Refunds Policy.
https://surfland.com.au/return-policy/
Specifications are subject to change without notice and it is your responsibility to keep track of any changes.
We strongly recommend for your own safety that you have a trained bicycle mechanic assemble your E-Bike. By not using a trained bicycle mechanic and potentially incorrectly installing parts, could cause the E-Bike to malfunction and result in serious injury for which Surfland WA Pty Ltd will not be held liable for.
Any assembly undertaken by an individual who is not a trained bicycle mechanic is at the customer’s own risk and any damage caused as a result of improper installation will not be covered under warranty.
WA customers can take delivery direct from our Warehouse fully assembled.
Please ensure you read all documentation provided with your purchase before use and assembly. Paying particular attention to the recommended charge times and care for Lithium batteries.
Freight
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Surfland WA Pty Ltd does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
Where a customer gives written authority for products to be delivered without a signature, any and all included insurance cover will be voided.
For more information on freight please view our Freight Policy.
Liability
To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
I understand that the products that I am purchasing from Surfland WA Pty Ltd are for use in a way that may be inherently dangerous to myself and or others.
By accepting these terms and conditions,
- I indemnify and hold harmless Surfland WA Pty Ltd., and its employees and agents, against all claims, actions, proceedings, loss, damage or costs respect to any person claiming through me, including any person for whom I am responsible for the supervision and care of, as well as persons who may make claims on my behalf, arising out of any injury, loss, damage or death caused to me or my property, as a result of my engaging in the use of products purchased from Surfland WA Pty Ltd.
- I indemnify and hold harmless Surfland WA Pty Ltd., and its employees and agents, against all claims, actions, proceedings, loss, damage or costs in respect for any injury, loss, damage or death that I may inflict upon others or their property as a result of my engaging in the use of products purchased from Surfland WA Pty Ltd.