Terms & Conditions
Agreement between user and www.airloungers.com.au. Welcome to www.airloungers.com.au. The www.airloungers.com.au website (the “Site”) is comprised of various web pages operated by Air Loungers (“AL”). www.airloungers.com.au is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.airloungers.com.au constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.airloungers.com.au is a E-commerce Site
The selling of Air Loungers and other products.
Visiting www.airloungers.com.au or sending emails to AL constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AL is not responsible for third party access to your account that results from theft or misappropriation of your account. AL and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
AL does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.airloungers.com.au only with permission of a parent or guardian.
Change Of Mind & Purchases Made In Error
- When accepted, refunds are subject to a 30% restocking fee of the original purchase price
- Refunds under this provision are provided only as a store credit
- Original freight costs are not refundable under this provision
- Return freight costs are to be paid by the purchaser
- The item must be returned in new, unopened, and unused condition
- Once the product is assembled or used a return will not be possible under this provision
- The company provides a 7 day return window from date of delivery under this provision
- Refunds are subject to the goods arriving back and being inspected by The Company
- For public safety reasons no products intended for human consumption are included under this clause
- Unless otherwise stated in the advertisement this clause does not apply to items sold as ex-demo, or used
Minor & Major Faults, Short or Long Term Failure
The company guarantees to the purchaser that the goods will be free from defects caused by faulty materials or poor workmanship for a reasonable period of time based on the product’s value and intended purpose(i.e, generally no longer than 12 months from the date of purchase for domestic use, unless it reasonably expected to be a longer period of time) and for a period no longer than 90 calendar days from the date of purchase for commercial use unless otherwise stated in the listing or advertisement at the time of purchase. This warranty does not cover minor accessories or attachments or consumable parts, including but not limited to, chainsaw chains, pull starts, cutting blades or discs, instrument strings, product bags and cases, and carry straps etc. Examination by the company of such goods (or photos of the faulty goods if requested by The Company) shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, other incorrect or lack of proper maintenance, opening cartons with blades, or by repair or alteration not affected by the company.
Outdoor items including gazebos and tents must be securely tied down. The Company will not be liable for damage to items ‘blown away’ by the wind or damage to persons or property caused by the item which was not sufficiently secured against weather. The warranty policy does not cover:
- Damage caused by product not being secured properly as required
- Physical damage caused by use during inclement weather
- Physical damage caused by misuse of the product
- Physical damage caused by incorrect erection of the product
- Physical damage caused accidentally or purposefully
- Physical damage caused by the item blowing away under windy conditions
Defects & failures not covered by warranty include, but are not limited to:
- Damage due to user misuse or use in a manner contrary to the operating instructions
- Damage resulting from the item being used in a manner other than originally intended as advertised
- Improper or neglected maintenance including oiling and cleaning where required
- Improper storage or neglect to properly prepare the item for storage
- Incorrect fuel or oil use, including 2-stroke fuel mixture where applicable
- The user’s inability to properly use the item, including starting or tuning of engines
- Storm or wind damage to items which have not been correctly installed or adequately secured
- Failure due to improper user installation or assembly
- Damage cause when assembling, tuning, or adjusting the product
- Cuts and scratches etc such as those caused by opening packaging with blades or knives
- Items sold as ex-demo, or used unless otherwise stated in the advertisement at time of sale
Conditions for warranty under short-term or long-term failure:
- Warranty claims must be made within a reasonable period of time of the defect being discovered
- The product must not be used after any problem or defect is detected, failing which, all guarantees and warranties applicable to that product or part will be rendered void.
- Warranty claims are limited to the original warranty period from the date of purchase
- All warranties only apply to the original purchaser, and are not transferable
- The Company may require pictures of, or return of the faulty/damaged item(s) or parts
- Re-delivery of the repaired item or replacement parts will be at the cost of The Company where the warranty claim is found to be a legitimate claim under the terms of this warranty
- The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are different to, and separate from, this warranty, which is given voluntarily by the Warrantor. The time limit of consumer guarantees varies depending on the price and quality of the goods and may extend beyond this warranty or any applicable warranty provided by the manufacturer of the goods.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Should a minor failure exist in relation to a purchased product, the Company will, at its discretion, repair or replace faulty items or parts, or supply a partial or full refund as compensation under this warranty agreement.
- On occasion The Company may supply a full or partial refund as compensation for item damage, failure, or restricted function, subject to this being permitted under Australian Consumer Law, and agreed to between The Company and the Purchaser.
- Unless otherwise stated in the advertisement this warranty does not apply to items sold as ex-demo, or used.
Links to third party sites/Third party services
www.airloungers.com.au may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AL and AL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AL of the site or any association with its operators.
Certain services made available via www.airloungers.com.au are delivered by third party sites and organisations. By using any product, service or functionality originating from the www.airloungers.com.au domain, you hereby acknowledge and consent that AL may share such information and data with any third party with whom AL has a contractual relationship to provide the requested product, service or functionality on behalf of www.airloungers.com.au users and customers.
DOA: Faulty or damaged on arrival warranty claims:
This provision is an extension of the regular warranty condition for ‘Product Failure’ as described above and covers items damaged in transit, missing parts, partial delivery, or items having existing defects on delivery.
- Claims under this provision will only be accepted within reasonable period of time from the date of delivery (usually 7 calendar days)
- The buyer must inform The Company by email or in writing within the 7 day period after delivery of the item being received in a damaged on arrival state.
- Cuts and scratches to the product caused by opening cartons with blades etc are not covered under warranty
- Unless otherwise stated in the advertisement this clause does not apply to items sold as ex-demo, or used
Returning items where requested by the company:
- When required by The Company, goods may need to be returned to The Company to effect the warranty.
- No refunds or replacements will be issued prior to the returned goods or parts being received by The Company
- Goods must be returned using the freight method agreed to by The Company and the Customer which will be determined 250.according to the product and product location
- Items must be disassembled and packed to their original delivery state and returned in the same size packaging to qualify for return freight cost refunds
- Return freight costs will not apply to goods found to in working order or where the fault is other than originally described by the customer in the course of making the original warranty claim
- Items must be authorised for return by The Company prior to the goods being returned. The Company will issue the customer a ‘Return Authority’ number (RA) which must be included with the returned item
- All returned goods must arrive back with The Company no later than 14 days from the date the RA was issued
- In cases where the goods or parts must be returned to The Company for assessment and these goods or parts can be easily returned, Purchaser is to arrange return of goods using The Company’s approved freight delivery method at the purchaser’s expense and The company will reimburse the Purchaser reasonable return postage costs if the Company confirms that the product or part returned is faulty.
- If no fault is found, or products or parts exhibit signs of physical damage, or neglect, the Purchaser will be responsible for reimbursing The Company the shipping costs to and from the Purchaser, and inspections costs equating to $60.00 per hour, on a pro rata basis, relating to the time spent inspecting and checking the product or part returned.
- If a product is too large or too heavy and the Purchaser did not pick up the product from the Company’s premises, The Company will arrange for it to be returned to the Company at its expense, for inspection, within a reasonable period of time after being informed that a fault exists. Should no fault be found with the returned item or part, the Purchaser will be required to reimburse the company all shipping costs to and from the Purchaser, and inspections costs equating to $60.00 per hour, on a pro rata basis, relating to the time spent inspecting and checking the product or part returned.
- The Company may require up to 14 days after receiving the returned item to asses and/or repair the problem prior to initiating any return or refund
The company reserves the right to cancel, vary or suspend the operation or contract of sales if events occur which are in the nature of force majeure including (and without prejudice to the generality of the foregoing) fire, floods, storm, technical failure, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the company and the the company shall not be held liable for any breach of contract resulting from such event.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AL or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AL content is not for resale. Your use of the Site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AL and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AL or our licensors except as expressly authorised by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
AL has no obligation to monitor the Communication Services. However, AL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AL reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
AL reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AL’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AL does not control or endorse the content, messages or information found in any Communication Service and, therefore, AL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised AL spokespersons, and their views do not necessarily reflect those of AL.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Materials provided to www.airloungers.com.au or posted on any AL web page. AL does not claim ownership of the materials you provide to www.airloungers.com.au (including feedback and suggestions) or post, upload, input or submit to any AL Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AL, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. AL is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AL’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your AL account to third party accounts. By connecting your AL account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by AL from our offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the AL Content accessed through www.airloungers.com.au in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless AL, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AL reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AL in asserting any available defences.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DETOX PATCHES AUSTRALIA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DETOX PATCHES AUSTRALIA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DETOX PATCHES AUSTRALIA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AL reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New South Wales and you hereby consent to the exclusive jurisdiction and venue of courts in New South Wales in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AL as a result of this agreement or use of the Site. AL’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AL with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AL with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AL with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
AL reserves the right, in its sole discretion, to change the Terms under which www.airloungers.com.au is offered. The most current version of the Terms will supersede all previous versions. AL encourages you to periodically review the Terms to stay informed of our updates.
AL welcomes your questions or comments regarding the Terms. Simply contact us via our Contact Us page.