Terms and Conditions

Last updated: January 29, 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://geniegrips.com website (the “Service”) operated by GenieGrips Pty Ltd (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of GenieGrips Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GenieGrips Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by GenieGrips Pty Ltd.

GenieGrips Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that GenieGrips Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Servuce or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GenieGrips Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Conditions of Warranty

GenieGrips Pty Ltd (“GenieGrips®”) warrants to the end user (“Customer”) that GenieGrips® products will be free from defects in workmanship and materials, under normal use and service, for one year from the date of purchase from GenieGrips® or its authorized reseller. GenieGrips®’ sole obligation under this express warranty shall be, at GenieGrips®’ option and expense, to repair the defective products or part, deliver to Customer an equivalent products or part to replace the defective item, or if neither of the two foregoing options is reasonably available, GenieGrips® may, in its sole discretion, refund to Customer the purchase price paid for the defective products. All products that are replaced will become the property of GenieGrips®. Replacement products or parts may be new or reconditioned. GenieGrips® warrants any replaced or repaired products or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer. Products returned to GenieGrips® must be sent prepaid and packaged appropriately for safe shipment and it is recommended that they be insured or sent by a method that provides for tracking of the package.  Responsibility for loss or damage does not transfer to GenieGrips® until the returned item is received by GenieGrips®. The repaired or replaced item will be shipped to Customer, at GenieGrips® expense, not later than thirty (30) days after GenieGrips® receives the defective products, and GenieGrips® will retain risk of loss or damage until the item is delivered to Customer.

Exclusions

GenieGrips® will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the product does not exist or results from:

  • Failure to follow the GenieGrips® installation, operation or maintenance instructions.
  • Unauthorized product modification or alteration.
  • Abuse, misuse, negligent acts or omissions of Customer and persons under Customer’s control;
    or
  • Acts of third parties, acts of God, accident, fire, lighting, power surges or outages, or other hazards.

Refund Policy

We are not required to provide a refund or replacement if you change your mind.

But you can choose a refund or exchange if an item has a major problem.  This is when the item:

  • has a problem that would have stopped someone from buying the item if they had known about it;
  • is unsafe;
  • is significantly different from the sample or description;

or

  • doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

Alternatively, you can choose to keep the item and we will compensate you for any drop-in value.

If the problem is not major, we will repair the item within a reasonable time.  If it is not repaired in a reasonable time you can choose a refund or replacement.

Please keep your proof of purchase – e.g. your receipt.

Delivery Times

Once we receive your order we verify it, complete invoicing and prepare your item(s) before we despatch them from our warehouse.

Delivery date range is a combination of:

  • the time to despatch your order from our warehouse, and
  • the time taken to ship your order to you.
Despatch time
The time it takes to verify the order, complete invoicing, prepare your item(s) and despatch.
Explanation
The despatch time will depend on the status of your item(s) at our warehouse.
Orders for a
Standard Size(s)
Usually despatches in 4-5 business days+ Order ships directly from our warehouse.
Orders for a
Custom Size(s)
Usually despatches in 5-14 business days+ Order placed to be manufactured to a custom size and ships directly from our warehouse

+ All our estimates are based on business days and assume that shipping and delivery don’t occur on holidays and weekends

Contact Us

If you have any questions about these Terms and Conditions, please contact us.