Terms & Conditions.
Conditions of Sale
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and SAKONI SWIM with respect to the subject matter hereof.
The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to SAKONI that you are able to make a legally binding contract.
Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
SAKONI reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with SAKONI only comes into existence when SAKONI forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
This contract shall be governed by and construed in accordance with the law in effect in the State of New South Wales and by entering into contract both parties are accepting the jurisdiction of the courts of the State of [insert Australian State here] in relation to any dispute between them.
You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to SAKONI if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by SAKONI within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
Ownership and property in the goods supplied/delivered shall pass from SAKONI to you when SAKONI accepts your offer and assigns product in the SAKONI office. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
SAKONI shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and SAKONI shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within a reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement.
For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify SAKONI in respect of any such use. SAKONI is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility to ensure that the goods when used by you are not damaged and no liability will be accepted by SAKONI for the consequences of the use of damaged goods by you.
Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of SAKONI implied by the Australian Consumer Law.
About this Website
Website Owner : SAKONI (ABN: 36 152 804 726) Domain Name : http://www.sakoniswim.com
Use Implies Agreement
Modifications of the Terms
Modifications to the Information
SAKONI does not warrant the accuracy, adequacy or completeness of the material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of SAKONI.
Errors and Problems
SAKONI does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
License and Ownership
The copyright for the content on this website is owned or licensed by SAKONI and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of SAKONI.
Limitation of Liability
If SAKONI is found responsible for any damages, SAKONI is responsible for actual damages only. In no event shall SAKONI, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
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