TERMS & CONDITIONS
1. YOUR ACCEPTANCE
These are the terms on which Elation ABN 42 326 826 087, ABN (referred to as Elation, we, our or us) permits users (referred to as you, your, customers or users) to access and use the Elation website https://elationsurfwear.com.au including using the services and functionality made available through the website, viewing content provided by Elation, communicating with Elation, and placing an order for products through the online store.
You agree to be bound by these Terms when you:
(a) use, browse or access any part of the website; or
(b) place an order through the online store.
Elation may from time to time review and update these terms to take account of new laws, regulations, products or technology. Your use of the website will be governed by the most recent terms posted on the website. By continuing to use the website, you agree to be bound by the most recent terms. It is your responsibility to check the website regularly for updated versions of the terms.
2. REGISTRATION TO OUR WEBSITE
When you register for any area of this Website, the following terms and conditions apply.
- You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
- We reserve the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
- If you use multiple accounts for the purpose of disrupting our website or our business, you may have action taken against all of your accounts.
- We reserve the right to close an account if any user is seen to be or suspected to be using proxy Internet Protocol addresses (“IPs”) to or attempt to hide the use of multiple accounts or disrupts any of our services in any way.
CONDITIONS OF USE OF OUR WEBSITE
- You must not misuse this Website.
- By using our website, you agree you will not:
- commit or encourage a criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of our website or business;
- corrupt or attempt to corrupt any data trafficking in and out of this website or our business;
- cause annoyance to other users of this website;
- infringe upon the rights of any other person's proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as "spam" to us or any other person using this website; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use or during your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, AND CONTENT
All images on this website are property of Elation. The use of any photos or text is strictly prohibited unless authorised by Elation, unless otherwise specified in a signed agreement.
All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, trademarks, logos, and trade names of Elation, images of people or places or other content contained in the website are owned or licensed by Elation.
The content on the website is obtained and developed from a variety of sources including but not limited to collaborations with third parties. Inclusion of content on the website is not an endorsement of any organisation, product or service.
We may modify any information on the website (including content) at our discretion for any reason. All updates and modifications to the website (including content) will be subject to these terms.
TERMS OF SALE
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions:-
- All orders are subject to availability and confirmation of the order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- In order to contract with us you must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any order made by you.
- Please be aware that some of the goods sold through our Websites may not be suitable or appropriate for children under 10 years of age, so please take extra care when purchasing goods as gifts, for under 10’s and take note of our returns and exchange policy below.
- The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.
- When placing an order, you undertake that:-
- all details you provide to us are true and accurate;
- that you are an authorised user of the credit or debit card used to place your order; and
- that there are sufficient funds to cover the cost of the goods.
RETURNS, REFUNDS AND EXCHANGES
RETURN OF FAULTY GOODS:
- Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
- You also may be 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.
- If you think that there is a fault with the goods you have received, please let us know straight away by contacting us. Please include as many details as possible about the order and the problem with the goods.
RETURN OF GOODS DUE TO CHANGE OF MIND OR SIZE
- In addition to your rights in relation to faulty goods, you can return any goods within 14 days of receipt for an exchange or store credit. We do not provide refunds, exchanges or store credits for sale items unless they are found to be faulty
- Please note that in the interests of hygiene, some goods cannot be returned, unless they have remained in their original wrapping and have their hygiene sticker still attached or are faulty. Please note that Under Australian Consumer Law we do not offer returns or exchanges on bottoms.
- If you change your mind about the goods (including the size or colour), the goods returned must be in their original condition, which includes any packaging. All goods will be inspected on return.
You agree to indemnify, defend and hold harmless Elation, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms and Conditions.
We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms and Conditions are unenforceable, the enforceability of any other part of the Terms and Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Elation. Any waiver of any provision of the Terms and Conditions will be effective only if we provide our express consent in writing and signed by a Director of Elation.
Thank you for shopping with Elation!
If you are not completely satisfied with our Terms and Conditions policy please find our contact details below:
Mail Address AUSTRALIA:- Please contact us via email to receive address