Website Terms & Conditions

In these terms and conditions, “we”, “us”, and “our” refers to Hakonelog Pty Ltd. Your access to and use of all information on this website including purchase of our product(s) is provided subject to the following terms and conditions. This information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Members

1. In order to access the services provided on this website, you may be required to become a member. To become a member, you must complete registration by providing certain information as set out on our account registration page. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

3. On registration, you will be required to provide a password. On registration you agree to pay for our goods and/or services as set out on our website, if goods and/or services are purchased.

4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

5. Our services are intended to be used by members within Australia only.

Our Website Services

6. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

7. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.

Accuracy, completeness and timeliness of information

8. The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

9. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

10. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Product Descriptions

11. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

12. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options or quality relating to that product.

Product Orders

13. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

14. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

15. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.

16. Packaging and postage is an additional charge, calculated at time of purchase.

17. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

18. You must place an order with us by selecting products and pressing the 'Purchase Now' button on the checkout page once you have first provided the requested details, including payment and delivery details. We reserve the right to accept or reject an order for any reason including but not limited to unavailability of any product or good, errors in description or price or an error in your order or checkout details or suspect a fraudulent order has been placed.

19. We endeavour to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

20. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

21. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page or the checkout page prior to you submitting your payment details.

22. All risk of loss or damage to the goods passes to you when we despatch the goods. You acknowledge and agree that the postage service or other delivery service provider is liable for any delay in delivery.

Order Cancellation Due To Error

23. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Returns

24. Our Returns Policy is expressly incorporated into these terms and conditions.

25. We may either replace or reimburse you for any product delivered to you that is faulty or is in a damaged condition unless it is reasonable to repair the product. If you wish to return a faulty or damaged product, you must notify us through our designated Shipping Policy webpage where we set out our requirements relating to return of such goods.

26. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.

Delivery

27. You acknowledge that our products are subject to our Shipping Policy which is expressly incorporated into these terms and conditions and can be found here.

Payment Gateway Provider

28. Payment for purchases of products listed through our website may be made through a third-party payment gateway provider which is provided through our website hosting provider, Shopify (www.shopify.com). Shopify may collect your personal data in addition to the payment gateway provider which they supply or connect to our website service that you use. Each of Shopify and the payment gateway provider may be located overseas and subject to international laws or conventions with respect to data privacy and storage. In using our website, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the payment gateway provider and Shopify. You further acknowledge that we have no control over Shopify or the payment gateway provider and that we are not liable for any action or omission by Shopify or the payment gateway provider which may cause you harm, injury or damage, including but not limited to any data loss or breach.

Site Access

29. When you visit our website, we give you a limited license to access and use our information for personal use.

30. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

31. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

32. The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Unacceptable activity

33. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

a. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

b. using this website to defame or libel us, our employees or other individuals;

c. uploading files that contain viruses that may cause damage to our property or the property of other individuals;

d. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

34. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

Hyperlinks

35. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

36. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

37. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials unless otherwise indicated. Your use of this website and access to its content does not grant or transfer any rights, title or interest to you in relation to this website or its content.

38. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

39. Any comment, feedback, idea or suggestion (called 'Comments') which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

40. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

No commercial use

41. This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Disclaimers

42. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

43. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

44. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

45. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Statutory Guarantees and Warranties to Consumers

46. In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Competition and Consumer Act 2010 (Cth) (“C&C Act”) and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 (Cth) are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

47. Schedule 2 of the C&C Act defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:

a. Schedule 2 of the C&C Act; and

b. those statutory guarantees, all of which are given by us to you if you are a consumer.

48. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:

a. We will repair or replace the goods or any part of them that is defective; or

b. Provide again or rectify any services or part of them that are defective; or

c. Wholly or partly recompense you if they are defective.

49. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:

a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.

b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

50. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:

a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

d. We do not participate in any way in the transactions between our users.

Indemnity

51. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

52. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

53. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria, Australia and you agree to submit irrevocably to the jurisdiction of those Courts.

54. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

55. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy, which is expressly incorporated into these terms and conditions.

56. We collect personal information about you in order to facilitate your use and access of this website and for purposes otherwise set out in our Privacy Policy.

57. We may disclose that information to third parties that help us deliver our services (including information payment gateway providers, technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you.

58. Our Privacy Policy explains:

(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please get in touch with us through our Contact Us page.

59. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.