In these conditions
"The Company" means Pal to Pal Pty Ltd as Trustee for Pal to Pal Trust, trading as: Pal to Pal Pty Ltd ABN: 80 308 901 066 "The purchaser", “buyer”, or ‘customer’ means the person, firm or company ordering or buying goods from The Company.
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.
Initiating a warranty claim
Warranty is offered by The Company and can be contacted for the purpose lodging a warranty claim at warranty@paltopal.com.au, by visiting our Pal to Pal Support Portal or telephoning 1300 during business hours. The benefit of the warranty is in addition to the guarantees provided under the Australian Consumer Law.
Action to remedy the problem may include instruction on proper use. The Company may require pictures of the defect which must be supplied. When accepted, Consumer must return the goods within 14 days of the RA being issued (or a reasonable period of time agreed to by the company and The purchaser). Purchases completed in currencies other than AUD will be converted to AUD at the time of refund. The AUD price at the time of purchase is considered the original value of the goods regardless of the currency used as payment. Refunds may be issued in AUD or the original currency if required, and will be calculated at the currency conversion rate at the time of refund.
Payment of Goods
The company and The purchaser expressly agree that until the company has been paid in full for the goods comprised on this or any other sales contracted between them full legal title remains with the company. Notwithstanding the preceding condition all risk in respect of the goods shall be assumed by the buyer upon delivery. The buyer shall examine the goods immediately the goods are delivered. Whilst the company will use its best endeavors to deliver the goods in accordance with the buyers requirements, the company will not be liable for any consequence of late delivery however caused, either with the original purchase and delivery of the item, or any subsequent delays in having the item repaired and returned, or issuing any refund.
Products on Presale:
Where Goods are advertised to be 'On Presale' the Buyers acknowledge that they are entering into a contract of sale with an anticipated future dispatch date for the Goods they have purchased.
The dispatch date stated in the advertisement is an approximate date and we reserve the right to change this date at our discretion. If the date is changed to a date which is materially later than the previously advertised date, where possible, we will endeavor to inform the customers who had purchased this product with an earlier anticipated date of dispatch. In the event we are able to dispatch the Goods earlier than the date noted in our advertisements, we will do so without further notice to the customers. By purchasing the Goods on presale Buyers accept all terms governing the use of this site and acknowledge that they have entered into a legally binding contract of sale and will not be granted a right to terminate the purchase.
Force Majeure:
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 company shall not be held liable for any breach of contract resulting from such event.
Australian Consumer Rights Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au.
Additional item-specific warranty disclaimers:
The Company will not cover specific warranty claims on products including, but not limited to, the following (unless required under the Australian Consumer Law): TRAMPOLINES AND TRAMPOLINE ACCESSORIES:
• Rips and tears in nets
• General wear and tear to pole protectors
• General wear and tear to Jump-Mat FUEL POWERED EQUIPMENT:
• Damage caused by incorrect fuel use
• Inability to start due to incorrect tuning, starting procedure, or dirty filters
• Product which has been stored for long periods with fuel in the tank
• Product not maintained, oiled, and cleaned
POOL COVERS:
UV damage to pool covers (dried, cracked, hardened areas, broken insulation bubbles) will not be covered under warranty. Such damage is caused by improper installation or storage of the cover. Pool covers should lay flat on the water surface with the bubble side down. Folds in the cover or large air bubbles under the cover which prevent the cover from laying flat on the water cause the cover to overheat in sunlight which can cause the cover to become brittle over time. When the cover is stored off the pool it must be stored rolled, not folded, and be kept out of sunlight and excessive heat until it is installed back onto the pool surface.
GAZEBOS, TENTS, TRAMPOLINES and GARDEN UMBRELLAS:
Outdoor items including gazebos, tents, and umbrellas 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
SHADE SAILS
The Company will not cover specific warranty claims on shade sails including, but not limited to, the following:
• Damage caused by the product not being secured properly as required
• Damage caused by misuse of the product
• Damage caused by wear and tear from trees and branches etc
• Damage from rot or mildew resulting from leaves etc being left on the sail
• Damage caused by overtightening
FACTORY REFURBISHED
Where our listing notes that a product offered for sale is a Factory Refurbished item, it means that this product has been professionally restored to working order by a third party vendor. This product has been inspected, cleaned, and repaired to meet product classifications. This item may or may not be in its original packaging and may or may not exhibit signs of prior use, and cosmetic blemishes. It will be supplied with accessories and software specifically mentioned in our listing and not any other external guide or website.
Advertising and website errors:
The company takes all care to ensure products, features, and prices of current stock displayed are correct at all times. The company reserves the right to cancel and refund any purchase in full prior to dispatch for any reason including, but not limited to, errors in product description, advertised product price, or quoted shipping costs. In such cases the transaction may be cancelled and the full price paid will be refunded. Any such errors are unintentional. All photographs of products are used for illustration purposes only. The colour and shade of product may vary due to manufacturing runs and users' screen resolutions and does not give rise to claims for refunds of replacements.
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. We make every effort to ensure the accuracy of the information published in our catalogs, flyers, advertisements and on our Web site(s). However, the documents and graphics published may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented. All such documents and graphics are provided "as is" without warranty of any kind.
Pal to Pal reserves the right to modify this Warranty and Terms in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended Warranty and Terms on the Pal to Pal website.