Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products and services through http://fugoo.com.au/ (referred to as the “site”). By placing an order for such products and services, you referred to as “you”, “your”, “consumer” or “customer”) agree to be bound byand accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this site. You may print a copy of these terms and conditions, however please be aware that Blulink Ltd (referred to as “Blulink”, “Fugoo AU”“us” or “we”) may update these terms and conditions without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any products or services that are available through this site. These terms and conditions do not cover the sale of our Products by third parties to you.
We operate the website http://fugoo.com.au/We are Blulink Ltd, a company registered in Australiaunder company number 816 158 083 69 and with our registered office at 150 Harris Rd, East Tamaki, Auckland 2013, New Zealand. Our GST number is 816 158 083 69.
Blulink is the authorised and exclusive distributor for Fugoo products in Australia. We are a seller to end user customers and do not accept orders from dealers, exporters,wholesalers, or other customers who intend to resell the products and services which are offered on our site. For reseller enquiries for FUGOO in Australia,please contact firstname.lastname@example.org
We do not accept orders from addresses outside Australia nor do we accept orders for delivery to addresses outside Australia.
By placing an order through our website, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are resident in Australia;
(d) you are accessing our website from Australia; and
(e) you are a private individual and purchasing Products in your capacity as such.
We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your citizens advice bureau. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
Order Acceptance and Cancellation
A. New Orders: Orders for in-stock products will be processed upon ussuccessfully receiving and accepting your order. At that time, your paymentwill be collected and we will make our best effort to ship your order withinone business day. An email notification will be sent to you confirming yourorder and providing you with an order number. Once your order has shipped, anemail notification will be sent to you providing you with shipping and trackinginformation.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We make every effort tomaintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
SPECIALS AND PROMOTIONS
All specials and promotions are limited to stock on hand. We reserve the right to limit quantities on promotions. Certain goods may be at the end of a line or have limited time available for purchase. We cannot guarantee products will always be available when you place your order.
Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept VISA, MasterCard and Debit/credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete;(ii) charges incurred by you will be honoured by your credit card company; and(iii) you will pay charges incurred by you at the posted prices, including all applicable taxes and fees, if any.
All payments must be in Australian dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the lower of 10% per annum or the highest rate allowed by law. We retain a security interest in the products and all proceeds there of until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
Changes in Products andPricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, such information is subject to continual change, so you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments dueto changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
All shipping prices arequoted in Australian dollars. No C.O.D. orders can be accepted.
Currently, we ship only tovalid Australian addresses, excluding PO Boxes and Private Bags. For security reasons, we are unable to alter the address or redirect the package after payment has been made. We will make our best effort to ship your successfully placed order within 2-3 business days, if it is received and accepted by us before 12:00 p.m. (Monday - Friday, excluding designated holidays).
Orders ship when all items are available. You will receive an email notification once your order is shipped. It will include shipment and tracking information.
We will deliver the Products to the delivery address you specify in your order. We will instruct the courier not to deliver the Products to your delivery address unless there is someone present to accept and sign for them. If you have not received the Product(s) within the estimated delivery time specified in the Dispatch Confirmation you should contact us via our website or by email or by telephoning the Blulink Customer Call Centre (details are available here: www.fugoo.com.au/contact)
You can estimate shipping charges and taxes at checkout based on the information you enter in your order.Shipping rates are based on the estimated packaged weight and dimensions of your complete order. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full kilogram.
Please note the posted shipping time frame may be listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon product availability and credit card approval. Shipping time frames may be delayed should we experience difficulties with product availability or in obtaining creditcard authorisation.
Delivery of a product does not include installation unless expressly stated on our website.
These shipping terms are accepted by you by placing an order with us.
Risk and title
The Products will be your responsibility from the time of delivery.
Ownership of the Products will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Products.
Our orders require a signature upon delivery. Please make sure a responsible person will be available at your address to accept the delivery. To receive your shipment on the first delivery attempt, please track your shipment with the tracking information provided to you in your shipping confirmation. If the package is returned to us, the original purchaser will be refunded less the shipping fees both ways. For more information and options for receiving your shipment, please contact us via our website or by email or by telephoning the Blulink Customer Call Centre (details are available here: http://fugoo.com.au/contact)
Product Listing and Pricing
We make every attempt to ensure all products, descriptions, images, links, specifications; reference and pricing listed on our website are accurate. In the unlikely event an error occurs, we will not be bound to this error, nor can we guarantee that all information posted on our website is current, accurate or complete. We will correct any known issues as soon as possible and allow you to complete your order or cancel it.
In the event a product or serviceis listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we retain the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
The price of the Products will be as quoted on our website from time to time, except in cases of obvious error. Product prices include GST at the current rates. The price quoted on our website for Products excludes delivery charges which are quoted separately on our website.
If your product is defective when you receive it, or becomes defective within a reasonable amount of time, please contact us to arrange a repair, or where
a) We are unable to repair; or
b) the product suffers a failure of substantial character, an exchange or a refund.
For the avoidance of doubt, nothing in these terms and conditions shall be construed as limiting or otherwise preventing you from exercising your consumer rights.
Disclaimer and Limitation of Liability
Please review our warranty policy, which is incorporated in these Terms and Conditions of Sale by reference at http://fugoo.com.au/policies and listed under item A. below.
A. One Year Limited Warranty Against Defects
What Does this Warranty Cover?
If your Fugoo product develops a defect arising from faulty materials or workmanship, Blulink Ltd (hereafter Blulink) will repair or replace the product free of charge in accordance with the terms of this limited warranty. The benefits provided by this warranty are in addition to other rights and remedies available to you under the law:
Australia:Our goods come with guarantees that cannot be excluded under the AustralianConsumer Law. You are entitled to a replacement or a refund for a major failure and for 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 amajor failure.
How long does this warranty last?
This warranty lasts for a period of one(1) year from the date of retail purchase (or if you pre-ordered the product, one year from the date Blulink shipped the product to you). If you sell or otherwise transfer the product during this period (unless you purchased the product as a gift), this limited warranty terminates upon sale or transfer. Repaired or replaced products continue to receive the benefit of this additional warranty for the time remaining on the original warranty period (i.e. if your original product is replaced under this warranty seven months after it was purchased, the replacement product is covered by this warranty for an additional five months only).
What is not covered by this warranty?
This warranty covers defects in materials and workmanship that arise as a result of normal use of the product in accordance with Blulink’s published guidelines. These published guidelines include, but are not limited to information contained in technical specifications, user manuals and service communications. Blulink do not have to replace your product under this additional warranty if the product has been (a) misused or abused; (b) improperly or inappropriately installed, operated, maintained or repaired; (c) damaged as a result of an accident, flood, fire,earthquake or other act of God; (d) damaged by other equipment used with the product; (e) operated outside of the product’s specifications; or (f) used for commercial purposes. We do not have to replace your product if it has been tampered with, altered or repaired other than by an authorised repairer. Normal wear and tear, cosmetic imperfections or damage, and fading or discolouration caused by exposure to sunlight or chemicals are also excluded from coverage under this additional warranty. This warranty is voided if the product’s serial number orrating plate has been removed or defaced. Product purchased other than throughan authorised retailer, reseller, or distributor is not covered by this warranty.
This additional warranty is limited to replacement or repair only. As far as the law permits, we will not be liable for any loss or damage caused to property or persons arising from any cause whatsoever.
How do I make a Warranty Claim?
If the product was purchased through a Blulink authorised retailer please return the product to that retailer. If the product was purchased directly from Blulink, Blulink will only accept returns of faulty goods with a Return Authorisation (RA) number. Requests for RA numbers should be e-mailed to email@example.com or you can call +64 9 273 8383 with details of:
a) The product number and full description of the item.
b) The invoice number
c) A description of the fault
You must pay the cost of shipping the product to Blulink for service, however Blulink will pay the cost of shipping the product back to your after the completion of service under this limited warranty. Any product sent to Blulink without an R.A. or proof of purchase will be returned to you at your cost.
Before providing you with service under this limited warranty, Blulink may require that you furnish the original sales receipt and respond to questions designed to assist with diagnosing potential issues.
What happens after I make a Warranty Claim?
If your warranty claim is approved, Blulink will, at our absolute discretion,and within a reasonable time after receiving the claim: (a) repair the defect at no charge, using new or refurbished replacement parts; or (b) replace the product. In some cases we may decide to substitute the product with a similar alternative product of our choosing that provides the same of more functionality as the original. All replaced faulty parts and components will become the property of Blulink. Blulink shall have no obligation to repair or replace a defective product until it is returned to the authorised reseller or directly to Blulink, with a copy of the original sales receipt and/or proof of purchase. Any replacement product may be either new or refurbished.Repairs outside the limited warranty period or of damages not covered by this limited warranty, will take place only with the customer’s approval of the costs associated with the repair. As far as the law permits, Blulink’s obligations are limited to repair of the defect or replacement the defective part, or at our discretion, replacement of the product itself.
Contact us or the authorised for further details:
Blulink Ltd (ABN: 816 158 083 69)
Address: 150 Harris Rd, East Tamaki, Auckland 2013, New Zealand
Phone: +64 9 273 8383
This warranty is only valid and enforceable in Australia and New Zealand and supersedes the warranty statement contained within the instruction manual for this product
Privacy and Customer Information
At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number and credit card information.
Service and Support
All requests for technical service and support with respect to the products and services available through our site should be made by e-mail at firstname.lastname@example.org or by accessing our website at http://fugoo.com.au/ and clicking on our Support link. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
Except as explicitly noted onthis site, the services available through this site are offered by Blulink Ltd, 150 Harris Rd, East Tamaki, Auckland 2013.. Our telephone number is +64 9 273 8383.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire,accident, adverse weather, inability to secure transportation, governmental actor regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Entire Agreement and Other Documents
These terms and conditions and those set forth in other agreements referred to herein constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void,unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
We own or are licensed users of all intellectual property rights in our website and all material and content on our website. You may use this site and the materials and content on our website for personal, non-commercial use only. All other use or reproduction of our website or materials or content on our website is strictly prohibited.
Our website is provided on an ‘as is’ and ‘as available’ basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our website. We make no warranty that our website will meet your requirements or will be uninterrupted, timely or error-free or that our website or the server that makes it available are free of viruses or bugs.
While we endeavour to ensure that our website is normally available 24 hours a day, we will not be liable if for any reason our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.