This website is owned and operated by SureAqua Pty Ltd. of a registered company in NSW Australia with the ABN 64129004244. As a user of this website you acknowledge that any use of this website’s contents, and any transaction carried out via it, is subject to our terms and conditions:
a. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website.
b. It is your responsibility to read the terms and conditions, entering into a transaction with SureAqua Ltd. will signify your acceptance to be bound by our current terms and conditions. These are the only terms on which SureAqua products may be purchased, offered or provided. Any attempt by the customer to use its own terms and conditions of purchase shall be void.
c. These terms and conditions will apply to all transactions placed online, by e-mail, telephone or by post with SureAqua Ltd. Please read the terms and conditions carefully before placing any order. All transactions with SureAqua Ltd will be governed by these terms and conditions.
d. Failure or delay by SureAqua Ltd in enforcing or partially enforcing any provision of terms and conditions shall not be construed as a waiver of any rights.
a. All references to the ‘company,’ ‘us,’ ‘our,’ ‘we’ or ‘SureAqua’ means SureAqua Ltd.
b. All references to ‘you,’ ‘your,’ the ‘user’ or the ‘customer’ mean the person or persons, using the website, making a transaction such as a donation or purchasing goods or agreeing to purchase goods, from SureAqua Ltd.
c. All references to the ‘Website’ shall include reference to all URL’s owned by SureAqua Ltd.
d. ‘Business Day’ means a day other than a public holiday, a Saturday or a Sunday on which commercial banks are open for general business in London, NSW, Australia.
e. ‘Transaction’ means any donation made by, or contract to purchase goods entered into by, a user of the website with SureAqua Ltd.
f. ‘communications’ includes communication by telephone, fax, email, mobile phone text message and postal or courier service.
g. ‘Deemed day of receipt’ can only be on a business day and means, in the case of telephone communications the time and day of the connected call between SureAqua Ltd and you, in the case of fax at the point of the sender’s time and date stamp if between 9 am and 5 pm on the Australia’s time zone and if outside those hours at 9 am on the following business day, in the case of email at the point of the sender’s time and date stamp if between 9 am and 5 pm on the Australia’s time zone and if outside those hours at 9 am on the following business day, in the case of mobile phone text message at the point of the sender’s time and date stamp if between 9 am and 5 pm on the Australia’s time zone and if outside those hours at 9 am on the following business day, in the case of postal service two business days after the proven date of posting, and in the case of courier deliveries at the time and on the date recorded when the communication was signed for.
h. ‘ SureAqua Ltd’ business hours are 9.00 am to 5.30 pm on the Australia’s time zone on a business day.
i. ‘Goods’ means goods purchased by you from SureAqua Ltd.
3. Jurisdiction, Territorial Limitations & Severability
a. All transactions shall be governed by and construed in accordance with Australian Law and any dispute between the user and SureAqua Ltd. will be resolved exclusively in the courts of NSW Australia. Nothing in these terms and conditions will be deemed to affect your statutory rights under Australian law.
b. If any part of these terms and conditions is held by any court of NSW, Australia and to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
4. Order processing, pricing, point & time of contract
a. Orders – We are pleased to accept orders by any of the following methods: Online transaction (secure server), e credit / debit card transactions are subject to validation checks and are authorised by the card issuer. We accept MasterCard, Visa, and Paypal. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay and / or non-delivery of your order. No orders will be accepted or processed without a valid card payment in the name of the registered cardholder.
b. No order shall be deemed to be accepted by SureAqua Ltd. until a written acceptance of the order is issued by SureAqua Ltd. or (if earlier) SureAqua Ltd. commences to fulfil the order in whole or in part.
c. All prices are shown in US dollars and are exclusive of the tax of country of purchase. Tax will be charged at the prevailing rate unless clearly stated otherwise. All prices are subject to change without prior notice.
d. Pricing and Print Errors – Prices and specifications are checked to the best of our ability, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions. We reserve the right to alter our prices and specifications without notice.
e. A transaction is concluded and creates a time of contract when SureAqua Ltd. receives your cleared funds for the donation or purchase being made. All contracts occur at the place of processing which is at SureAqua Ltd office at, NSW, Australia.
5. Payment terms and title to goods
a. Ownership of Goods – All items supplied to the customer remain the property of SureAqua Ltd. until final payment of all sums owing in respect of those goods has been received in full by us. SureAqua Ltd. shall not be deemed to have received any payments until cleared funds are received. Upon full payment SureAqua Ltd. will despatch the goods to you and the title to those goods passes to you upon delivery.
c. With the exception of Tax, the price is exclusive of any applicable sales taxes, any other charges (including bank charges), taxes and import and export duties, all of which the customer shall pay in addition when it is due to pay for the goods.
6. Delivery Terms
a. SureAqua Ltd. dispatch products every working day – Monday to Friday. Excluding Australia public holidays. All orders will be processed and dispatched within 48 hours of your order being made. All products are sent by standard delivery and should arrive within 3 – 5 working days.
b. Every effort is made to ensure that delivery is made within the estimated time scales and within a maximum of 30 business days. If for any reason we cannot do this we will get in touch to let you know what is happening within 21 business days of your transaction with us. If there is a problem with the availability of your chosen goods our customer services staff will let you know the likely delivery date within 28 business days of your transaction with us. Please allow additional time (details on request) for the delivery of special order items.
c. SureAqua Ltd. reserves the right at its sole discretion to make partial deliveries of the ordered goods.
d. If you have any delivery queries, please call our customer service centre. Items ordered will be delivered as soon as possible in accordance with the requested delivery service. Charges for the different delivery services can be obtained from our Customer Service Department.
e. All delivery charges are subject to change without prior notice.
f. Should you live in a remote region, there may be an additional shipping charge. We will contact you prior to despatch should this be the case.
g. In the event of any goods delivered by us being, damaged in transit, orders deficient of items shown on the delivery note, or failing to match the items ordered by you, then such details must be notified by you to us within seven business days of receipt in order to make any claim for compensation or replacements from us under our warranty see clause 8. If we receive no such notification the customer will be deemed to have accepted the items as satisfactory and as a complete delivery in full consideration of the transaction.
h. We cannot be held liable for any consequential loss caused by late delivery or failure to deliver by the company’s appointed carrier. Liability in such cases is limited to the value of those items, which are shown not to have been received by the customer.
7. Customer Feedback, Compliments & Complaints
b. Any complaint or compliment can be sent to our Customer Service Department. We will endeavour to deal with your complaint within five business days of the deemed day of receipt. In the event where we cannot resolve your complaint immediately we will advise you within 14 business days of the steps we will undertake and the likely timescale of those steps, keeping you informed of any investigation we conduct into your compliant, so far as we are permitted to do so by the laws of NSW, Australia.
8. Warranty & Returns Policy
a. SureAqua products comes with a 2 year warranty from the date of the transaction as defined in clause 4 (d) against defects in materials and workmanship. Should your SureAqua product prove defective within the warranty period you should return it to the retailer that you originally purchased it from. SureAqua Ltd. will at its sole discretion repair or replace the damaged item(s). This warranty excludes faults caused by accident, neglect or misuse.
b. This warranty does not affect your statutory legal rights under Australian law.
c. If you purchased products directly from the SureAqua Ltd. website or by mail order you will need to contact our customer services department for a Returns Authorisation Number. SureAqua Ltd. will only accept returns where the defect is notified to us within 14 business days of delivery. Once SureAqua Ltd. have been notified and provided a Returns Authorisation Number the item must then be returned with a copy of the original receipt to our customer services department for your warranty to be effective within 28 business days. Please include a note clearly indicating the defect. Please ensure the product has been emptied before return.
d. If you find a fault with a newly purchased product please return it to the retailer that you originally purchased it from within 28 days and include a note explaining the defect. If the retailer is unable or unwilling to assist you please contact our customer services department for a Returns Authorisation Number. The item must then be returned with a copy of the original receipt to our customer services department for your warranty to be effective. Please include a note clearly indicating the defect. We will exchange the item or refund the full cost, including any delivery charges incurred, at our absolute discretion in accordance with our warranty policy.
e. When returning faulty goods be aware that any refunds or exchanges may take up to 10 business days.
f. We recommend that all items be returned either by registered postal delivery or courier with adequate insurance. We advise you to make a note of the tracking number, and to provide your contact details on the reverse of package used to return goods. We cannot accept any responsibility for goods not received by us.
g. Refunds of delivery costs will only be paid for the return of faulty goods if we have been advised of the problem within 28 days of purchase.
h. Please note that any exchange or refund for any new and unused SureAqua products once they have left our premises is at our sole discretion.
Customer Service Department
9. Limitations on Liability & Indemnity
a. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under Australian law.
b. We will use reasonable endeavours to verify the accuracy of any information on the website but we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents the website.
c. We make no warranty that the website or the server that makes it available, are free of viruses, or that its content are accurate. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the website.
d. Except for the Warranty provided in clause 8 any other indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under Australian law.
e. SureAqua Ltd.’s employees or agents are not authorised to make any representations or warranties concerning SureAqua Ltd.’s Products including but without prejudice to the generality of the foregoing the quality of the Products fitness of the Products for a particular purpose of the customer or their compatibility with any other products unless
(a) confirmed in writing in a contract or
(b) agreed between the parties in writing by way of variation of a contract and these terms and conditions.
In entering into a transaction with SureAqua Ltd.’s the customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
f. Any advice or recommendation given by SureAqua Ltd. or its employees or agents to the customer or its employees or agents as to the storage, application or use of SureAqua Ltd.’s Products, which is not
(a) confirmed in writing in a contract or
(b) agreed between the parties in writing by way of variation of a contract and these terms and conditions is followed or acted upon entirely at the customers own risk and accordingly
SureAqua Ltd. shall not be liable for any such advice or recommendation which is not so confirmed.
g. We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made negligent misrepresentations.
h. Notwithstanding the above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall, in any event, be limited to a sum equal to the amount paid, or payable by you, for the goods purchased from us by a transaction.
i. This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights, under Australian law.
10. Force Majeure
a. We shall not be liable or be deemed to be in breach of contract by reason of any delay in performing or failure to perform any of our obligations where such delay or failure is due to any cause beyond our reasonable control, and in such circumstances we shall be entitled to a reasonable extension of time for performing such obligations.
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control; Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of SureAqua Ltd. or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery, material breach of contract or other default of our suppliers or sub-contractors.
If by reason of such circumstances it shall become impossible within a reasonable time for us to wholly or partly supply the items ordered then the customer’s liability will be limited to the value of the items already supplied together with any associated reasonable delivery charges.
b. We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
12. Intellectual Property Rights
a. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times our property. We do not give any implied licence for the use of the contents of this website.
b. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of content of this website is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property.
14. Consumer Protection (Distance Selling) Regulations 2000
a. You have a right to cancel your order within seven business days following the day after the date of delivery of your goods purchased via a transaction with us, for any unused item purchased through our website under the distance selling regulations for a refund.
b. Should you wish to cancel any order, you can e-mail, fax or write to us quoting your order number. All goods are returned at your own expense unless the item is deemed faulty and our warranty under clause 8 applies, in which case we will refund the cost on receipt of the goods.|
c. Providing the goods are received back in an unused condition and in their original packaging with all accessories, you will receive a refund within thirty business days of receipt of the goods by us.
15. Third Party Rights
a. The Contracts (Rights of Third Parties) Act 1999 will not apply to this Agreement and no person other than the Parties will have any rights under it. The terms of this Agreement may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by agreement in writing between the Parties or this Agreement may be rescinded (in each case), without the consent of any third party.