Terms and Conditions
Please Read These Terms and Conditions of use Carefully Before Using This Website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to boatstripes.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and boatstripes.com.au’s rights and obligations to each other.
Limitation of Liability
It is an essential pre-condition to you using our website that you agree and accept that boatstripes.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
All products sold by boatstripes.com.au are for personal use and not for commercial use, nor are they to be reproduced without express permission of Boat Stripes. In the even that any product, design or artistic work on this site or agree to be provided or produced by boatstripes.com.au breaches or infringes any patent, copyright, design, trademark or any other intellectual property rights, Boat Stripes takes no responsibility and does not indemnify any customer or other such related persons against any claim, lawsuit or damages which may be sought in law or equity.
While boatstripes.com.au uses its best endeavours to ensure its products suit the Customer’s requirements and needs and attempt to match the design as accurately as possible to the Customer’s specifications. boatstripes.com.au is reliant on the information provided by the Customer to advise on size, suitability, dimensions and other such advice in relation to its products. It is important that this information is accurate and correct.
Boat Stripes advises Customers to seek their own legal advice to ensure no Copyright, Trademark or other intellectual property rights are breached when specific designs or artwork is created. Boat Stripes does not accept responsibility for any infringement which a design may incur and does not indemnify Customers against any such claim.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), boatstripes.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
Delivery of Physical Goods
Boat Stripes uses Australia Post and/or other reputable courier companies to deliver physical goods.
Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery company chosen and location. boatstripes.com.au is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post or the courier company directly. Replacement of damaged or lost items is made at the discretion of boatstripes.com.au.
Boat Stripes uses a high grade, quality vinyl (7 year cast) which will not experience excessive fading, cracking or peeling for a period of 4 years. Any replacements of any product which may be required during this 4 year period for any of the above warranted conditions will be made free of change.
However, Boat Stripes does not warrant and cannot agree to cover any problems or damage caused by poor surface/poor application of the product which was not done in accordance with the guidelines or specifications provided by Boat Stripes. Boat Stripes also cannot guarantee damage caused to the product due to misuse, poor navigation or berthing.
Any other required and agreed replacements will be made by Boat Stripes at a reduced charge to the Customer.
Returns and Refunds
boatstripes.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened non-personalised goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. Refund payments may take up to 14 business days to be received. Refunds are made at the discretion of boatstripes.com.au.
Links to Other Websites
boatstripes.com.au may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between boatstripes.com.au and the owners of those websites. boatstripes.com.au takes no responsibility for any of the content found on the linked websites.
boatstripes.com.au’s website may contain information provided by third parties for whichboatstripes.com.au accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, boatstripes.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. boatstripes.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of boatstripes.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. boatstripes.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data boatstripes.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
boatstripes.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
Disclose Your Information
boatstripes.com.au may be required, in certain circumstances, to disclose information in good faith and where boatstripes.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety ofboatstripes.com.au, its customers or third parties.
Exclusion of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of boatstripes.com.au. boatstripes.com.au expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then boatstripes.com.au will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. boatstripes.com.au reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Copyright, Trademark and Restrictions of Use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
boatstripes.com.au expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and boatstripes.com.au concerning your use and access to boatstripes.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and boatstripes.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.