TERMS & CONDITIONS
The following is the terms of the agreement between IMPLARA Pty Ltd ( Abn 33822494579) trading as WaterfeaturesRus “Company” and the buyer “Buyer” of goods or services through the Company’s website “Site”. If you do not agree to these terms, you will not be able to purchase through this website.
The Buyer agrees to the terms and conditions outlined in this online contract “Contract” with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. The Buyer agrees to review this Contract prior to purchasing anything and a purchase or order for of a good or service shall be deemed acceptance of this Contract.
- SETUP AND PAYMENT
The Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honoured by the Buyer’s credit card company and (iii) The Buyer shall pay charges incurred by the Buyer at the price indicated on the site at the time of placing the order, including all applicable taxes. The Buyer remains liable for any charges incurred by the use of the site. The Buyer acknowledges by its use of the Site that all changes incurred, whether authorised or unauthorised remain its responsibility and that it must keep any password required to use the site secure.
All pricing on this website is in Australian dollars ($AUD).
- EDIT, DELETING AND MODIFICATION
The Company reserves the right in its absolute discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Any information or content appearing on the site may contain inaccuracies or typographical errors. Upon notice published on the Site, the Company may modify this Contract or prices and may discontinue or revise any or all aspects of the Site in its absolute discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after publication. The Company may make changes to any information or content appearing on the site at any time without notice.
- RIGHT TO REFUSE
The Company reserves the right in its absolute discretion to refuse service at any time. Sale of any goods or services is subject to availability.
The Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable legal fees, related to a Buyer’s violation of this Contract or use of the Site.
The Buyer’s right to use the Site is not transferable and is subject to any limits established by the Company from time to time or by the Buyer’s credit card company.
The service, content, goods and services from or through the service are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose) to the fullest extent possible. The sole and entire maximum liability of the Company, for any reason, and the Buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the Buyer for the particular items purchased. The Company and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the Contract between the Company and the Buyer. This site and goods and services would not be provided without such limitations.
- REFUND POLICY
Any customer who is not satisfied with any product or service provided by WaterfeaturesRus may apply for a refund.
All products must be returned in their original condition, with the customer responsible for any freight costs payable for the return. WaterfeaturesRus will provide the customer a credit for the full amount paid, less any shipping and handling charges incurred.
- USE OF INFORMATION
The Company reserves the right, and the Buyer authorises the Company, to the use and disclosure of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
The content, organisation, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by the Buyer of any such content or any part of the Site is prohibited. All content included on this site, such as text, graphics, logos, button icons, images and software, is the property of the Company or its content suppliers and is protected by international copyright laws. This excludes property in which the rights of third parties are explicitly and immediately acknowledged. Any improper use, including but not limited to the reproduction, modification, distribution, transmission, republication or display of the content on this site is strictly prohibited.
- EXTERNAL SITES
Some documents on our site may include hyperlinks to other websites. The Company makes no representations or endorsements and accepts no responsibility for the content or use of any such external site accessed through ours. As part of the terms and conditions for use of this site you acknowledge that the Company has no control over the content on external sites we may link to.
- GOVERNING LAW
This Contract shall be treated as though it were executed and performed in Western Australia and shall be governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia (without regard to conflict of law principles). Any cause of action of the Buyer with respect to the Site must be instituted within 1 month after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in Australia and the Buyer expressly submits to the jurisdiction of said courts and the Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Contract represents the entire understanding between the Buyer and the Company regarding the Contract and supersedes any prior statements or representations. By the use of the site, you agree to be bound by the terms of this Contract.