Sunstate Hobie Online Store Terms & Conditions

  • The Online Shop and You
  • 1.1 Access to and placing orders on the Sunstate Hobie Online Shop (Online Shop) is provided to You subject to these terms of use (Terms of Use).
  • 1.2 By using this website and making a purchase, You agree to the terms of use (Terms of Use) of the Online Shop as set out below.
  • 1.3 The Terms of Use of the Online Shop include these Terms of Use, the Sunstate Hobie General Terms and Conditions, and the Sunstate Hobie Privacy Policy. A capitalised word or phrase that is defined in the Sunstate Hobie General Terms and Conditions has the same meaning when used in these Terms of Use.
  • 1.4 We reserve the right to amend these Terms of Use from time to time. Your continued use of the Online Shop will constitute acceptance that You are bound by the Terms of Use as amended.
  • Accuracy / Corrections
  • 3.1 Care has been taken to ensure that the products and descriptions of them on the Online Shop are accurate and up to date. We do not promise or represent that content on the Online Shop is accurate or free from errors or omissions. We reserve the right to make any necessary corrections.
  • 3.2 In the event an error is identified, we will place a correction on the Online Shop content area.
  • Stock availability
  • 4.1 Sunstate Hobie will endeavour to supply all items publicised in the Online Shop.
  • 4.2 Products will be removed from the Online Shop as soon as Sunstate Hobie becomes aware that those items are no longer available.
  • 4.3 There may be unavoidable occasions when   • All or part of your order cannot be fulfilled immediately; or  • All or part of your order cannot be fulfilled at all.
  • 4.4 Where part of an order cannot be fulfilled immediately, the part that can be fulfilled will be dispatched as soon as possible.
  • 4.5 Where part of your order cannot be fulfilled at all You will be advised as soon as possible by email or telephone.
  • 4.6 Products with a limited sales period displayed in the Online Shop will have the withdrawal date clearly shown.
  • 4.7 Where a product becomes unavailable (for example, due to unexpected / high demand) and that item is ordered by You before Sunstate Hobie has withdrawn that item from the Online Shop, You will be advised by email or telephone and the purchase price of that item will be refunded.
  • Changes to availability dates (philatelic items only)
  • 5.1 On rare occasions, and in relation to philatelic items only, there may be an unavoidable need to change either an issue date or a withdrawal date.
  • 5.2 Should this need arise, You will be advised either by email, by mail.
  • Unacceptable orders
  • 6.1 Sunstate Hobie reserves the right to reject an order if, in its opinion (acting reasonably), the order is unacceptable.
  • Payment options
    7.1 When purchasing goods through the Sunstate Hobie online shop, we accept payment via the following methods:
  • (a) Visa
  • (b) MasterCard
  • (c) American Express
  • (d) PayPal
  • Goods and services tax
  • 8.1 All prices are inclusive of Australian Goods and Services Tax (GST) where applicable. Sunstate Hobie will issue a compliant tax invoice where appropriate.
  • Refund policy
  • 9.1 All products sold by Sunstate Hobie must be: fit for all the purposes for which goods of that kind are commonly supplied; acceptable in appearance and finish; free from defects; safe; and durable.
  • 9.2 You can return an item to us if: it’s faulty; it’s incorrectly described; it’s different from a sample shown; it doesn’t do what we said it would do; or it’s not of an acceptable quality.
  • 9.3 If the product is unsafe, can’t be fixed within a reasonable time, or You simply would not have bought it given the nature of the defect, we’ll offer You an exchange, repair or refund.
  • 9.4 To ask for an exchange, repair or refund, You’ll need to prove that You purchased the product via the Sunstate Hobie  Online Shop. If You can’t provide an order confirmation, another form of proof of purchase will be required.
  • 9.5 If the product is assessed to be faulty or unfit for its intended purpose, refunds will be issued using the same method as your original payment.
  • 9.8 The provisions of this clause 9 do not derogate from any rights You may have under law, including the Australian Consumer Law.
  • 10.3 We do not offer change of mind refunds and returns
  • Disclaimer of warranties
  • 11.1 To the maximum extent permitted by law (including the Australian Consumer Law):
  • (a) Sunstate Hobie disclaims all warranties with regard to the information and applications contained     on the website and your use of the website.
  • (b) Sunstate Hobie, its contractors, agents, or employees disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the use or performance of the website whether in contract, at common law or in equity, or on any other basis, except to the extent that the damage is directly caused by fraud or wilful misconduct by  Sunstate Hobie.
  • 11.2 If Sunstate Hobie becomes liable for any breach of any guarantee, condition or warranty, Sunstate Hobie’s liability for breach of any guarantee, condition or warranty shall be limited to, at its option (and, provided it is fair and reasonable to do so), any one or more of the following:    (a) In the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring goods; or payment of the cost of having the goods repaired; and (b) In the case of services: to either resupplying the services or payment of the cost of having the services supplied again.
  • Security information
  • 12.1 At the time that You place your order and are asked to supply personal information You enter a secure environment. From that time, the link between your Web browser and the Sunstate Hobie  Online Shop will be protected using a security certificate. This will be indicated by the appearance of a padlock on your browser.
  • 12.2 Credit card numbers will not be stored on the web site and will never be made publicly available. All other information concerning your order is encrypted and can only be viewed by members of the Sunstate Hobie  Online Shop team with authorised access to that information.
  • Delivery standards
  • 13.1 [Dispatch] Sunstate Hobie will endeavour to dispatch an order within 1-2 business days of receiving that order.
  • 13.2 [Delivery] Carriage of articles by Sunstate Hobie is governed by the Sunstate Hobie General Terms and Conditions.
  • 13.3 [Delivery Timeframes]
  • Standard Domestic Delivery Timeframes (within Australia): Sunstate Hobie will endeavour to deliver an orders within 3-10 business days from order dispatch. Where You have specified a Parcel Locker or Parcel Collect point as the delivery address, You will receive an email notification once your order is ready to collect.
  • Express Domestic Delivery Timeframes (within Australia): Sunstate Hobie will endeavour to deliver an order within 1-3 business days (depending on the delivery post code). Not all products will be available for express delivery.
  • Incorrect details supplied
  • 14.1 We will endeavour to fulfil your order within the time specified in the Delivery Standards, except: where an incorrect or incomplete delivery address has been provided; when incorrect payment details, including credit card details, are supplied; where correct credit card details are supplied but funds are not approved; where we believe the order to be fraudulent; or where cleared funds through your nominated payment method have not been received.
  • 14.2 In the event that You supply incorrect payment or delivery details, Sunstate Hobie will take all reasonable steps to contact You using the personal details that You have provided.
  • 14.3 If your supplied contact details are incorrect, Sunstate Hobie will not be held responsible for not fulfilling your order, nor for being unable to advise You that this is the case.
  • Intellectual property
  • 15.1 The materials displayed on this website, including all editorial materials, information, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks, are the property of Sunstate Hobie and are protected by copyright, trademark and other intellectual property laws. Sunstate Hobie does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in the user interface of the website.
  • 15.2 Any such content may be displayed and printed solely for your personal and non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of Sunstate Hobie.
  • Links to the Sunstate Hobie Online Shop
  • 17.1 You must not establish a link to this website or the Sunstate Hobie website without Sunstate Hobie’s prior written approval.
  • 17.2 To request approval, please contact your account Sunstate Hobie’s brand team at Sunstate Hobie Online .
  • 17.3 The following information will be required to assess your request: the URL of the website that You seek to establish a link from; a brief description of your website; and the reason that you wish to establish a link.
  • 17.4 Sunstate Hobie may accept or reject your request at its ultimate discretion. If Sunstate Hobie accepts your request, You must comply with any terms and conditions imposed by Sunstate Hobie as a condition of such agreement. You must notify Sunstate Hobie if the nature and/or content of the website changes in any significant way.
  • General
  • 18.1 These Terms are governed by and are to be construed in accordance with the laws of Queensland, Australia.
  • 18.2 If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.
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