Heavy Water Pty Ltd – General Terms and Conditions
The website www.westsurfing.com (“Site”) is operated by Heavy Water Pty Ltd (ACN 623 475 543) (“West”). These terms and conditions (“Terms and Conditions”) govern the access and use of the Site and apply to any purchase of products made through the Site. These terms apply to you as an individual (“you”), and by accessing or using the Site, you agree to be bound by these Terms and Conditions and any other policies made available on the Site. If you do not agree to these Terms and Conditions or any other policy found on the Site, you must not use or access the Site. In the event that you breach these Terms and Conditions, or any other policy found on the Site, in addition to any other remedies available at law, West reserve the right to terminate your right to use and/or access the Site.
We may vary, amend or replace these Terms and Conditions and any other policy made available on the Site, and any such variations shall become effective immediately upon that varied version of the Terms and Conditions or relevant policy being made available on the Site. Your use of, or access to the Site following any such variation will constitute your acceptance of the updated Terms and Conditions or relevant policy. You should periodically review these Terms and Conditions to ensure that you are aware of any changes.
West are committed to and at all times comply with the Australian Consumer Law.
- Limited License
West grants to you a non-exclusive, non-transferable, revocable, limited licence to access and use the Site in accordance with these Terms and Conditions. This licence is strictly limited to personal, non-commercial uses only, and is at all times subject to the provisions of these Terms and Conditions, including (but not limited to) as to intellectual property rights.
West reserves the right to restrict or terminate your access to, or use of, all or any part of the Site at any time, with or without cause or notice to you. Any use of this Site in breach of these Terms and Conditions will immediately terminate the licence granted to you herein.
- Your Use of the Site
By accessing and using the Site, you agree and warrant to West that you will not use or access the site for any purpose that is unlawful or that would be in breach of these Terms and Conditions, and agree and warrant that you will not violate or attempt to violate the security of the Site in any way and will not use the Site or any content contained on the Site in any way that competes with our business.
- Order Acceptance and Cancellation Policy
An order by you for products through the Site is irrevocable.
Upon completion of an order, you will receive a confirmation of order from West. Neither this confirmation of order, nor any other confirmation you may receive constitutes an acceptance of your order by West. West at all times reserves the right not to accept any order or any part of an order, with or without reason. Where West exercises its discretion not to accept an order (or any part of it), any funds received for the order refused (or part thereof) will be promptly refunded.
- Shipping and Delivery
Please click here to access our full Shipping and Delivery Policy. This Shipping and Delivery Policy is incorporated into, and forms part of these Terms and Conditions.
- Refunds, Returns, Faulty Items and Warranty Information
Please click here to access our full Refund and Return Policy. This Refund and Return Policy is incorporated into, and forms part of these Terms and Conditions.
Please click here to access the terms and conditions of the warranty applicable to all westsuits.
(Warranty). The Warranty is incorporated into, and forms part of these Terms and Conditions. Other than as set out in the Warranty, and to the maximum extent allowed by law, West gives no express or implied warranties with respect to any product. To the extent possible at law, West limits its liability under any implied warranties to repair or replacement of the products sold, or, where this is not possible, refund of the purchase price paid for the product.
- Credit Card Payments
- Duties, Taxes and Other International Customs Charges
Please note that your order may incur a duty or customs charge. Whether or not, and the extent to which this is applicable will depend on your location, and West does not, and cannot give any advice in this respect. You accept, agree and acknowledge that all relevant duties or customs charges payable in connection with the order are to be paid by you on delivery of the order. West accepts no responsibility whatsoever with respect to any such charges or duties payable on orders.
Prices are subject to change without notice. All payments are taken in Australian Dollars.
This Site may contain inaccuracies (including as to colour of products, which, as their appearance depends on the monitor on which they are viewed, may differ slightly from the appearance on the Site), typographical errors and out-of-date information and is provided on an “as-is” basis. To the maximum extent permitted by law, West give no warranties, either express or implied in respect of the information, materials and products contained on the Site or the operation of the Site, including, but in no way limited to, that the information and materials on the Site are complete, accurate, reliable, up-to-date or suitable for any specific purpose, that the Site is secure, or that the content on the Site is free from viruses or other harmful components. You acknowledge that any reliance you place on the information or materials provided within this Site is done so at your own risk.
Where any applicable legislation implies any warranties or guarantees or imposes obligations upon West which cannot be excluded, restricted or modified except to a limited extent, these Terms and Conditions must be read subject to the relevant provisions. In these circumstances, to the extent to which West is permitted to do so, its liability will be limited, at its option, to either repair or replacement of the products sold, or, where this is not possible, refund of the purchase price paid for the product.
- Listing Errors
In the event that a product is listed on the Site at an incorrect price or with incorrect information, irrespective of whether an order confirmation has been received and payment taken, West reserve the right to refuse and/or cancel the order. Where payment has been taken for the order of the item that is being cancelled, West will issue a refund.
- Intellectual Property Rights
Unless expressly stated otherwise, West are the owner or licensee of all rights (including intellectual property rights), title and interest in all materials and content appearing on or used within the Site, including (but not limited to) text, website design, graphics, photographs, videos, music, software, user interface and logos (Content). To the full extent provided by law, the Content is and remains the intellectual property of West or its third-party licensors or suppliers.
Your use of the Site does not grant or transfer to you any rights, title or interest in relation to the Site or the Content. No Content may be copied, used, reproduced, republished, sold, broadcasted or modified in any way whatsoever, in each case either in whole or in part, in any form without the prior express written permission by West. By accessing this Site, you agree to abide by all applicable copyright, trademark, and other intellectual property protection laws.
- Limitation of Liability
In no event will West (or any party involved in the administration or creation of the Site) be responsible or liable for any loss, damage or expense, whether direct or indirect, and whether present, unascertained, future or contingent, suffered by you or any third party, arising from or in connection with your access to, or use of the Site, the Content, or any linked services, including (but not limited to) any inaccessibility, interruption to, or outage of the Site, loss or corruption of data, or accuracy, completeness or currency of the Content.
- Third Party Sites
Our Site may contain links to websites operated by third parties. These links are provided for convenience only, and unless expressly stated otherwise, West do not control, endorse or approve the content on those websites, and expressly disclaim responsibility for the same. You should make your own investigations with respect to the suitability of those websites.
- Dispute Resolution
Where a dispute arises out of or in connection with these Terms and Conditions or any other policy available on the Site (Dispute), you and West agree that the following procedure will be followed prior to the initiation of any litigation or filing of any claim against the other party (other than urgent injunctive or similar interim relief):
- The party claiming that the Dispute exists will provide written notice to the other party setting out details of the Dispute and the resolution sought by that party, and allowing the other party 14 days to respond.
- Upon receipt by the first party of a response from the second party within the time period specified above, if a resolution has not then been reached, the parties agree to meet to discuss the Dispute in person within a reasonable time period, and in any event, within 14 days of receipt of the reply.
- If an initial reply is not received within the required timeframe, a discussion is not had within the required timeframe, or a discussion is had, but a resolution is still not achieved, then the parties agree to try to resolve the Dispute by mediation held in Perth, Western Australia, with the mediator to be selected by agreement between the parties (acting reasonably) and costs to be borne equally by both parties, or as otherwise determined by the mediator.
- If the Dispute is not settled within 30 days after the date that the Dispute is referred to mediation, then either party may commence proceedings with respect to the Dispute.
If you wish to give notice of a Dispute to West under this section, please send your notice to West at Unit 8/488 Roberts Road, Subiaco, Western Australia 6008. Please include a return notice address in your notice. If you do not include a return notice address or other means of contact, your notice will not be deemed to have been a valid Dispute notice given under this section.
You agree to indemnify and hold West harmless against any and all claims, proceedings, liabilities, costs, expenses (including legal expenses) and losses incurred by or claimed or made against West in connection with or which arise either directly or indirectly as a result of your use of or access to the Site, any breach of these Terms and Conditions or any policy made available on this website, or any violation of any applicable laws in connection with the same. This indemnity is a continuing obligation and continues despite the end of these Terms and Conditions. This indemnity applies and may be enforced prior to West suffering or incurring any liability.
West may elect to discontinue the Site at any time, with or without reason and/or notice and is not responsible for any loss, damage or expense that may be incurred by you as a result of such discontinuation.
- Governing Law
Your use of the Site and these Terms and Conditions are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia, and to the courts entitled to hear appeals therefrom, and waive any right to object to proceedings being brought in those courts.
If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.