Website Terms of Use. Last updated 4th July 2017

This website is operated by WandsPro Pty Ltd (ABN 72 606 029 118) including its applications, Ecommerce shop and tools. The (“Website”), is owned by WandsPro Pty Ltd. (“WandsPro®”). This online merchant is located in Australia. Your use of this Website is subject to the following terms and conditions as well as all applicable laws. By accessing, browsing, and using this Website, you acknowledge and accept these terms and conditions (the “Terms”), and you represent that you have the legal capacity to enter into the agreement set out in these Terms. The Website is considered a general audience site. If you do not agree with any of the Terms, do not use this Website. Each time you access and/or use the Website, you agree to be bound by these Terms and any additional terms that will apply to you.

BY AGREEING TO THESE TERMS DURING ACCOUNT SETUP OR WHEN MAKING A PURCHASE ON THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.

Eligibility to Use the Website

The Website is operated from various locations both within and outside Australia and may be accessible worldwide. If you access or use the Website from outside Australia, you do so at your own risk and you are responsible for complying with the laws and regulations of the territory where you access or use the Website.

Termination or Suspension of a Website Account

You agree that WandsPro®, in its sole discretion, may terminate, suspend, or disable your use of the Website and Material at any time and for any or no reason, in its sole discretion, if (i) WandsPro® believes you have violated or acted inconsistently with these Terms, (ii) in order to comply with applicable law, or (iii) in any other circumstances WandsPro® deems appropriate, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Material. Further, you agree that WandsPro® shall not be liable to you or any third party for any termination or suspension of your access to the Website. If WandsPro® terminates, suspends, or disables your Website account, you remain obligated to pay WandsPro® for all unpaid purchases made prior to the termination or suspension of your Website account.

Electronic Communications

You consent to receive electronic communications from WandsPro® either in the form of email sent to you at the email address listed on your account or by communications posted on the Website.

Creating and Using a Website Account

You are not required to establish an account in order to make purchases through the Website. However, in order to establish a Website account (if such functionality is available), visit the “Create Account” page on the Website and enter the required information, including, without limitation, your name, company name (if applicable), your email address and other contact information, and a valid address and related information. We will email a confirmation of your login information to the email address you provided upon registration.

You represent and warrant that you are authorised to provide all the information upon registration for your Website account. Further, you must provide accurate and truthful information about yourself and your company (if applicable), and you must update that information from time to time as necessary to keep the information current and accurate. You are responsible for all activities occurring under your Website account and for keeping your password and other Website account information confidential. If you suspect someone is accessing or using your Website account without your permission or if you need to change your password or account information, please login to your account and go to the “My Account” page.

Electronic Communications

You consent to receive electronic communications from WandsPro® either in the form of email sent to you at the email address listed on your account or by communications posted on the Website.

Termination or Suspension of a Website Account

You agree that WandsPro®, in its sole discretion, may terminate, suspend, or disable your use of the Website and Material at any time and for any or no reason, in its sole discretion, if (i) WandsPro® believes you have violated or acted inconsistently with these Terms, (ii) in order to comply with applicable law, or (iii) in any other circumstances WandsPro® deems appropriate, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Material. Further, you agree that WandsPro® shall not be liable to you or any third party for any termination or suspension of your access to the Website. If WandsPro® terminates, suspends, or disables your Website account, you remain obligated to pay WandsPro® for all unpaid purchases made prior to the termination or suspension of your Website account.

Copyright on the Website

The WandsPro® Website and all material and information posted thereon, including, without limitation, photographs, text, graphics, logos, icons, content, sound recording, tutorials, audio/visual clips, and designs (collectively, “Material”) is protected by copyrights, patents, trade secrets or other proprietary rights and may not be, in whole or in part, copied, reproduced, republished, downloaded, uploaded, posted, displayed, performed, framed, transmitted, posted, distributed, modified or used, in whole or in part, whether in text, graphical, audio, video, executable or other form, except as expressly permitted by these Terms, without the express written consent of WandsPro®. Any other access to this Website and any other use, reproduction or transmission of information or data obtained from this Website is strictly forbidden, without the prior written consent from WandsPro®.

You must ensure that your access to this Website and Material available on or through it is legal in each jurisdiction in or through which you access, view or otherwise use this Website or such Material.

Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Website are proprietary to WandsPro® or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of WandsPro®. You may not remove or otherwise modify any trademark notices from any Content. The Marks, including (but not limited to) WANDSPRO and CLIPCROC are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws in Australia and various other jurisdictions around the world.

Intellectual Property Rights

Without limiting the Terms, WandsPro® and its licensors own and retain all right, title and interest in and to any copyright, trademark, patent or other intellectual property embodied in the Website. Such intellectual property is protected under Australia and other countries’ copyright, trademark and other laws and international treaty provisions. Any unauthorized use by you of this intellectual property may subject you to civil and criminal penalties. Without limiting the above, the trademarks, logos and service marks (“Marks”) displayed on the Website are the property of WandsPro® or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose, including, but not limited to, use as meta tags on other pages or sites without the written permission of WandsPro® or such third party which may own the Marks. You may not use frames or utilise framing techniques or technology to enclose any content included on the Website without our express written consent. Further, you may not utilize any Website content in any meta tags or any other “hidden text” techniques or technologies without our express written consent.

Website Disclaimer

THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WANDSPRO® EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AVAILABILITY, MERCHANTABILITY AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. WANDSPRO® WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WANDSPRO® SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT IS WANDSPRO LIABLE FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS ARISING OUT OF OR RELATING TO USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (AUD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.  Your sole and exclusive remedy is to discontinue using and accessing this Website. The aforementioned exclusions and limitations apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions apply even if WandsPro® has been advised of the possibility of such claims, losses, costs or damages.

Indemnification

You agree to defend, indemnify, and hold harmless WandsPro® and its affiliates, and their respective directors, officers, employees, representatives, agents, and assigns from, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses, and damages incurred or suffered by WandsPro® (collectively, “Damages”) arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website, or that of any other person to whom you have provided access to your computer system or Website account, (b) your violation or breach of any of the Terms, including, but not limited to, any unauthorized use of any of the Website or Material, or (c) your violation of any intellectual property rights of WandsPro® or any third party.

Hyperlinks

This Website may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. WandsPro™ has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon.

Modification of these Terms

WandsPro® may modify, alter or otherwise update these Terms and additional terms and conditions applicable to this Website from time to time, without prior notice, by updating this posting. You agree that WandsPro® may provide notice to you of such modifications by posting them on the Website. The date of the last modification will appear at the top hereof. Your access and use of this Website constitutes your consent to be bound by these terms and conditions.

Orders, Order Acknowledgements and Contract

Upon receipt of an order from you, and subject to acceptance of that Order by an Order Acknowledgement (which may be in the form of an invoice receipt), we agree to sell the Goods on and subject to these Terms and Conditions (“Contract”). An Order can be made by you online, in writing or verbally. An Order is accepted when payment of the price (including Shipping) is received in full in cleared funds into our nominated account. You should receive an Order Acknowledgement online or in writing (including by e-mail).

Payment

We shall be entitled to payment for the Goods upon Order Acknowledgement. Payment is due immediately upon Order Acknowledgement and can be made via our secure billing system. Simply choose your product and click the ‘add to cart’ button and you will be taken to our payment page. We may use different payment processing systems such as PayPal, Stripe or such others which takes payment directly from your bank account via your card details. The Shipping cost is added to the final price of the Goods. If you decide to cancel during the process, you will go to a cancellation page so you can be certain your Order is not proceeding. You do not have to have a PayPal account to make a transaction.

Pricing and Shipping

Product pricing and shipping costs will be as reflected on the Website. Prices posted on the Website and WandsPro’s billing policies are subject to change at any time without notice to you. Prices on the Australian Website (unless otherwise stated) are in Australian dollars for AUS purchasers. If you an international purchaser the website may include pricing details in different currencies from a list menu.
You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, discount, promotions, availability, or other matters and except as provided by law, WandsPro® will not be liable for these inaccuracies, omissions, or errors. WandsPro® will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. WandsPro® does not claim that the information on the Website is appropriate for or applicable to your jurisdiction or that the products described on the Website will be available for purchase in all jurisdictions.

Any discounts or special offers available with your Website account will be automatically reflected with the purchase price in the shopping cart, once you log in using your Website account. Please see the additional Shipping guidance and information under the headline “Shipping” in the website Footer.

Methods of Payment

You may use the methods of payment available to purchase products through the Website online shop as identified on the Website upon checkout. Where applicable on the Website, there may exist a menu to change the currency option into different currencies.  You acknowledge that you are responsible for fees charged by the issuer of your payment card for currency conversion. Please consult the terms provided by the issuer of your payment card for applicable currency conversion rate and fees and charges.

Order Fulfillment

Products ordered from the Website may be fulfilled by one or more of our subsidiary or affiliated entities. The most appropriate, quickest, closest in proximity or otherwise WandsPro entity will fulfill your order as per the best needs of the company. In some cases, your order may be fulfilled by more than one entity.

Product Availability

We make efforts to keep the Website and available inventory of products current and up to date. However, we cannot guarantee that any product listed on the Website will be in stock or remain available. Further, we may discontinue or otherwise cease offering a product at any time, at our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies.

Problems upon Receipt

Please thoroughly inspect the Goods immediately upon receipt. In the event that any items are lost or damaged during transit or have not arrived by the estimated delivery date, please contact us with your Order reference number. No claim for damage to or shortages of Goods may be made unless such claim is notified to us within 7 days of delivery. No goods shall be returned for credit or adjustment without our prior written authorisation.

Returns

We know you are going to love ClipCroc® and other products by WandsPro® but you are welcome to return any full price product, purchased from our web shop, within 30 days of purchase, for any reason with a money back guarantee. In these cases, the returned product should be returned unused, in it’s original packaging and in its ‘as new’ condition including a copy of the receipt. Sale items can not be returned, except in the case of a warranty claim. After the 30 day period, we will repair or replace any defective units at no cost for up to a year following product delivery.

Returns Shipping

Should you be required to return a product to WandsPro® you will be responsible for the shipping costs. If the return is due to an incorrect item, or you are making a warranty claim, we will reimburse you for your shipping costs to a maximum of $15.00 once we have assessed your returned goods. We will only reimburse shipping costs when you include an original receipt for the shipping cost with your return. You are responsible for packaging costs. WandsPro® is not responsible for any items lost or damaged in transit.

Used Items

We do not accept returns of used, opened or user damaged Goods. All returns must be fit for resale. Please contact us if you have a warranty claim for Goods that have been opened or used as per below warranty details.

Warranty

We want you to be thrilled with your WandsPro® products and enjoy them on all of your adventures. We Warrant: that all Goods are new, free from defects, of merchantable quality and conform to any specifications provided on our Website or in the Order Acknowledgement. This warranty is limited to replacement of parts which we agree are defective in material or workmanship and does not extend to claims for labour, expenses and other Consequential Loss or damage occasioned by such defect when in use. All WandsPro® products come with a 12-month manufacturers warranty which ensures your products have been made to the highest quality. If, for any reason, you find your product to be defective we will gladly repair or replace, at our discretion, with one of equal or greater value under our twelve-month manufacturer’s warranty. WandsPro is not liable for incidental or consequential damages as a result of mistreatment or excessive wear of the product. This warranty does not cover abuse, alteration, theft, loss, or unauthorized and/or unreasonable use of your WandsPro® products.

Returns Correspondance Address

For any returns or warranty claims please email the WandsPro® team at the email address below before dispatching the return so we can guide you on the best and easiest process for your claim. We suggest you register the package with Australia post for tracking purposes, as we can not be held responsible for items that do not arrive. Also, please allow up to 10 working days, once we receive the goods, to get the repaired or replaced product back out to you. Please note that some products may take longer due to Australia Post delivery schedules. For all claims or returns enquiries please email: info@wandspro.com

Cancellations of Orders

WandsPro® may, at our sole discretion, choose to cancel your order in certain circumstances. This may occur, for example, when the product you wish to purchase has been mispriced, when we suspect the request is fraudulent, or in other circumstances we deem appropriate.

Cancellation of Orders and Refunds/Returns

Cancellation before Order has been Shipped: Most items are available in stock and often ship within 24hrs. If you cancel your Order prior to shipping we will refund the full price and shipping costs.

Cancellation after product has been shipped or while in transit: If you cancel your Order after dispatch or during transit, a refund will be issued but you will be responsible for shipping costs including any taxes, duties, customs and excise. The Goods must be returned unopened, in their original condition and packaging and fit for re-sale.

Force Majeure

Neither party is liable for failure to perform the Contract to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by the party claiming force majeure because of circumstances outside that parties’ reasonable control.

Product Information

WandsPro® make conscientious efforts to display, describe and provide images of the products available on the website accurately and completely. However, the detail and accuracy of the images and specifications of products that you see on the Website will depend on a number of things, including your computer equipment, Internet connections, Computer Aided Design (CAD) image limitations and any other reason for accidental misrepresentation of a product or service. Consequently, we do not guarantee that the products, images, available features, services or specifications displayed or described to you on the Website are or will remain accurate or complete in every detail. Further, we may update the products, images, features, services or specifications from time to time. The technical information, opinions, recommendations and other information made available on the Website, including commentary regarding particular products, are provided for convenience only and may not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances. All images shown are for illustration purposes only and actual products may differ slightly.

Changes to the Website and Products

We reserve the right to make changes to the Website, the products, methods of payment, and features available on the Website at any time, at our sole discretion.

Restrictions on Use

We expect and require that all visitors use the Website for its intended purposes and refrain from engaging in inappropriate behavior on the Website. Such inappropriate behavior includes but is not limited to: Requesting, or otherwise attempting to obtain or store, personal information, passwords, account information or any other type of information of other users; accessing or using anyone else’s Website account, using any data robots, or similar data gathering and extraction tools in connection with the Website; inhibiting, disrupting, or otherwise preventing anyone from using or accessing the Website, acting in any manner that disrupts or interrupts users’ real time experience on the Website, hacking or defacing any portion of the Website, interfering with or disrupting the Website or servers or network connections to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website; modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Website; attempting to gain unauthorized access to the Website, or any feature or portion of the Website, any other systems or networks connected to the Website or any server related thereto; using the Website to intentionally or unintentionally violate any applicable local, state, national or international law or regulation; and providing material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organisation(s) designated by the Australian government as a foreign terrorist organisation or individuals appearing on the Denied Persons List.

Your Consumer Rights

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by these Terms of Use (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission Australian State and Territory fair trading authorities.

Useful Links

To learn more about online websites, security and appropriate safety please visit the Australian Competition and Consumer Commission: https://www.accc.gov.au/consumers/online-shopping/shopping-online