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Klein Imports Pty Ltd ACN 643 404 077 trading as Polar Breezy
Terms and Conditions of Trade
1. DEFINITIONS
1.1 In these Terms and Conditions of Trade, the following words have the following meanings:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010
(Cth).
Business Day means any day other than a Saturday, Sunday, Public Holiday or bank holiday
on the Gold Coast;
Claims means, in relation to a person, any claim, cause of action, proceeding, suit or demand
made against the person concerned however it arises and whether it is present or future, fixed
or unascertained, actual or contingent.
Copyright Material means any work or other subject-matter in which copyright subsists or is
capable of subsisting under the Copyright Act 1968 (Cth) or equivalent legislation.
Corporations Act means the Corporations Act 2001 (Cth).
Delivery Areas means all areas within Australia.
ETA means the Electronic Transactions Act (Queensland) 2001 (Qld).
Force Majeure Event means any occurrence or omission outside of a party’s reasonable
control, as a direct or indirect result of which the party relying on the event is prevented from or
delayed in performing its obligations under this Agreement (other than a payment obligation),
and includes:
(a) a physical natural disaster including fire, flood, lightning or earthquake;
(b) riot, civil commotion, act of public enemies, national emergency (whether in fact or in law)
or government declaration or direction;
(c) epidemic, pandemic (including but not limited to Covid-19) or quarantine restriction;
(d) supply shortage or strike, lock out, stoppage, labour dispute or shortage including
industrial disputes involving any of our suppliers.
Government Agency means:
(a) a government or government department or other body;
(b) a government, semi-government or judicial person; or
(c) a person (whether anonymous or not) who is charged with the administration of the Law.
Insolvency Event means, for a person:
(a) being in liquidation or provisional liquidation or under administration;
(b) having a controller (as defined in the Corporations Act) or analogous person appointed to
it or any of its property;
(c) being taken under section 459F(1) of the Corporations Act to have failed to comply with a
statutory demand;
(d) being unable to pay its debts as and when they fall due otherwise being insolvent;
(e) dying;
(f) ceasing to be of full legal capacity or otherwise becoming incapable of managing its own
affairs for any reason;
(g) taking any step that could result in the person becoming an insolvent under administration
(as defined in section 9 of the Corporations Act); or
(h) entering into a compromise or arrangement with, or assignment for the benefit of, any of
its members or creditors, or any analogous event.
Intellectual Property Rights means any and all beneficial and legal ownership and intellectual
and industrial protection rights throughout the world, both present and future, including rights in
respect of or in connection with any Copyright Material (including future copyright and rights in
the nature of or analogous to copyright), Moral Rights, inventions (including patents), trade
marks, service marks, designs, circuit layouts and performance protection (whether or not now
existing and whether or not registered or registrable) and includes any affairs; right to apply for
the registration of such right and all renewals and extensions.
Law means any law, whether statute or common law (including the laws of negligence and
nuisance), ordinance, regulation, by-law, order or other determination of any Government
Authority.
Liability means Claims, Losses, liabilities, costs (including but not limited to legal costs),
damage or expenses of any kind and however arising, including penalties, fines and interest
and including those which are prospective or contingent and those the amount of which for the
time being is not ascertained or ascertainable.
Loss includes any loss, damage, compensation, fine, penalty, charge, payment, cost or
expense (including any legal cost and expense) however it arises and whether it is present or
future, fixed or unascertained, actual or contingent.
Moral Rights has the same meaning as in Divisions 2, 3 and/or 4 of Part IX of the Copyright
Act 1968 (Cth).
Order Form means the order form generated within the Website to collect the details of your
Order.
Order means an order placed via the Website for Products.
Original Products means a product advertised on our Website for sale in the form in which it
was received by us from our supplier.
Payment Methods means payment by credit card or electronic funds transfer.
Products means those products advertised for sale on our Website from time to time.
Website means https://polarbreezy.com.au/ and associated social media platforms operated by
us or on our behalf.
2. GENERAL
2.1 This Website allows customers to browse, select and order Products from us.
2.2 Your use of the Website, your creation of an account with us and your ordering of Products from
us is governed by:
(a) These Terms and Conditions Trade; and
(b) Our Privacy Policy;
2.3 Please read these Terms and Conditions of Trade carefully as your creation of an account with
us and your ordering of Products through this Website is subject to these Terms and Conditions
of Trade (‘Terms’).
2.4 By registering your account with us or placing Orders for Products through the Website, you
agree that you will be bound by and comply with these Terms.
3. REGISTRATION OF ACCOUNT
3.1 Any personal information that you give us will be held and may be used or disclosed by us in
accordance with our Privacy Policy.
3.2 You may not have more than one active account at any one time, and your account is nontransferable. You may update, edit or terminate your account at any time through the Website.
4. PLACING ORDERS FOR PRODUCTS
4.1 You may order Products by selecting and submitting your order through the Website in
accordance with these Terms (‘Order’).
4.2 Any Order placed through this Website for a Product is an offer by you to purchase the particular
Product for the price notified (including any charges and taxes) at the time you place the Order.
4.3 We may ask you to provide additional details or require you to confirm your details to enable us
to process any Orders placed through the Website.
4.4 You agree that all information provided by you to us, including but not limited to when you place
an Order, is current, complete and accurate and not in any way misleading.
5. ACCEPTANCE OR REJECTION OF AN ORDER
5.1 We reserve the right to accept or reject your Order for any reason, which includes (but is not
limited to) an election to cancel your order in accordance with clause 9.
5.2 Each Order placed through the Website which we accept results in a separate binding
agreement between you and us for the supply of the relevant Products.
6. AVAILABILITY OF PRODUCTS AND SERVICES
6.1 If we are unable to supply the Products of your Order, we will notify you as soon as reasonably
practicable.
6.2 To the extent permitted by Law (including the Australian Consumer Law), you acknowledge and
accept that the Products displayed on the Website (including the images and description of the
Products displayed on the Website) may occasionally differ from the Products delivered, due to
changes in the manufacturer’s packaging and descriptions.
7. BILLING AND PAYMENT
7.1 Payment for each Product must be made in full via the Payment Methods prior to an Order being
dispatched. Orders will not be dispatched until payment for the relevant Products has been
received in full and clear funds.
7.2 All payments and refunds will be made in AUD ($). Any refunded value may differentiate
depending on the exchange rate applied at the time of processing the payment.
8. DELIVERY
8.1 Delivery of Products
(a) We deliver Products purchased through our Website to the Delivery Areas.
(b) We will process your Order upon receipt of payment, and send the Products the subject
of your Order via Australia Post or a reputable courier company.
(c) Delivery times will depend on your chosen delivery option (i.e. express or standard post).
(d) Please note that delivery time-frames provided are estimates only and may vary (usually
due to circumstances beyond our control. We endeavour to deliver Orders as close to the
estimated time-frame as possible but cannot guarantee this. For further details regarding
our delivery service, including time-frames and areas, please see our Delivery Policy.
8.2 Delivery requirements
(a) By placing your Order with us, you agree to comply with the following delivery
requirements:
(i) You acknowledge that by placing an Order with us, you authorise Australia Post to
leave your Order at your nominated address if you are not home;
(ii) If we are unable to effect delivery for any reason:
(A) Your delivery may be taken to an Australia Post branch for subsequent
collection where Australia Post will verify your identity before your Order is
released to you; or
(B) Your Order will be returned to us and we will endeavour to contact you to
arrange a new delivery date and time. You may be charged an additional fee
for this service.
(iii) You acknowledge that we may collect and record the details of any identification
provided in relation to delivery of Products. The personal information collected will
be held and may be used in accordance with our Privacy Policy.
9. CANCELLING AN ORDER
9.1 Cancellation by us
(a) We may cancel any Order, or refuse to accept an Order, or part of an Order at any time
(including any Orders that we have accepted or issued an invoice for) without any Liability
to you for that refusal or cancellation if:
(i) the Products the subject of your Order are not available;
(ii) we are unable to process your payment;
(iii) there is an error in the price or the product description posed on the Website in
relation to the Products the subject of your Order;
(iv) we reasonably suspect that you have breached any of the provisions featured within
these Terms by placing the Order; or
(v) we reasonably suspect fraudulent or unlawful activity.
9.2 Cancellation by you
Commented [CH2]: Please insert hyperlink to Delivery
Policy
(a) Unless otherwise provided for pursuant to the Australian Consumer Law or any other Law
which the parties cannot legally contract out of, you agree that you cannot change or
cancel an Order after it has been placed.
(b) If you wish to change or cancel your Order, please contact
[support@polarbreezy.com.au]. Every attempt will be made to accommodate your
request, however unfortunately no guarantee can be given once an Order has been
placed.
(c) If we agree to you changing or cancelling your order after it has been placed, we may do
so subject to:
(i) you providing us with proof of purchase of the ordered Products;
(ii) the ordered Products being in their original condition and packaging; and
(iii) you agreeing to pay an amount we request on account of our reasonable costs of
processing the change or cancellation.
(d) If your Order has already been processed, you may still be able to return the Products the
subject of your Order. Please see our Returns and Refunds policy below for more
information.
10. RETURNS AND REFUNDS
10.1 Our refunds and returns policy incorporates those rights you have under the Australian
Consumer Law.
10.2 As a precondition to our assessment of any request for a refund or a return we will ask you to
provide us with a valid proof of purchase of the relevant Product or Service. This may include
your original receipt, your tax invoice or a statement from us.
10.3 Failures in respect of Products
(a) Our Products come with guarantees that cannot be excluded under the Australian
Consumer Law. You are entitled to:
(i) a replacement or refund for a major failure; and
(ii) compensation for any other reasonably foreseeable loss or damage.
(b) You are also entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and failure does not amount to a major failure.
(c) If the failure is minor, we reserve our right to offer to repair only.
10.4 How to return Products
(a) You must provide us with:
(i) proof of purchase by producing the original tax Invoice or other form of proof such
as proof of payment;
(ii) the goods listed on the tax invoice with all original packaging and manuals enclosed
(including any bonus offers if applicable);
(iii) goods in their original condition;
(iv) goods with their tags remaining attached;
(v) suitable identification to identify you as the original purchaser; and
(vi) our online returns form which details the fault or issue with the goods and that the
fault or issue was not caused by you.
(b) We reserve the right to refuse any request for cancellations, exchanges, alterations,
amendments, returns and refunds in accordance with the Australian Consumer Law.
(c) You will be liable for any costs incurred relating to delivery, where the products have been
delivered to you, unless the product is found to be fault or damaged.
(d) Returns or refunds will not be offered where any products have been marked as
“undeliverable” by the shipping provider.
(e) You may be charged 20% of the purchase price of your purchase for the administrative
and handling costs associated with any exchange, alteration, amendment return or refund
in accordance with the Australian Consumer Law.
(f) Please download and complete our online returns form to ensure we can process your
refund as quickly as possible.
10.5 Items not Eligible for Return
We do not accept returns or exchange for change of mind.
11. FAULTY PRODUCTS
11.1 If you believe there is a fault with an item you have received, please let us know as soon as you
become aware of the fault by contacting our customer service team on
support@polarbreezy.com.au.
11.2 You must be able to:
(a) provide the original receipt (or a copy of) or some other form of proof of purchase of the
faulty item (where multiple items were purchase in the transaction that includes the faulty
item and a credit card/bank statement does not clearly itemise the faulty product, this may
not provide sufficient proof of purchase); and
(b) return the product to us by post. We note that you are responsible for the cost of return
postage.
11.3 If you are an international customer, please contact the customer service team prior to returning
the product to us.
11.4 Photographs alone will not be accepted as proof of fault. It is a requirement that the physical
product be in our possession prior to the acceptance of your return request. Please note, where
an item is deemed faulty, we will happily refund the cost of returning the item to us. Please
ensure you keep your postage receipt so that we can facilitate this refund for you.
11.5 In some cases, faulty items cannot be repaired and a replacement or refund will be offered. We
cannot control the availability of replacement goods.
11.6 We have no control over manufacturer warranty periods, nor can we control repair periods and
cannot advise what they will be. We will, however, do everything we can to ensure your faulty
item is handled as quickly as possible and that you are informed throughout the process.
11.7 We cannot be held accountable for repair products or communication from the manufacturer.
11.8 All electronic products come with manufacturer warranty and are non-refundable. If a product
covered by a warranty is deemed to be faulty we recommend that you contact the manufacturer
directly in accordance with the warranty conditions.
12. CANCELLATIONS
12.1 If your package has been shipped, we reserve the right to refuse order cancellation or to charge
a cancellation fee of 20% of the purchase price (‘Cancellation Fee’) should we be able to
request the return of the package from our delivery service.
12.2 If we are unable to request the return of the package from our delivery service, we will not be
able to provide a cancellation of your order.
12.3 If we have incurred costs associated with your order, we may not be able to provide a
cancellation of your order.
12.4 Any refusal of cancellation or charge of a Cancellation Fee will be at our sole discretion.
13. RECEIVING A REFUND
13.1 Where applicable, a refund will be issued once we have received your returned items. Any items
that are damaged when we receive them are not eligible for a refund. Refunds do not include
any shipping or handling charges, except in the case of faulty or damaged items.
13.2 Refunds will be credited back to the original Payment Method within five (5) to seven (7)
Business Days. Please note that we do not have control over the length of time it takes to refund
your credit card. Should you have any queries in this regard, you should contact your bank.
14. RISK AND TITLE
14.1 The risk in the Products will pass to you once you have taken delivery of the Products.
14.2 Title to the Goods will not pass to you until we have received payment in full for the Products.
15. LIABILITY
15.1 Without excluding, restricting or modifying the rights and remedies which may be afforded to
you by the Australian Consumer Law or our potential liability to you under the Australian
Consumer Law:
(a) you acknowledge that the Website and each Product is provided "as is" and that we do
not make any warranty or representation as to the suitability of the Website or a Product
for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating
to the Products, services and the Website or the subject matter of these Terms to the
maximum extent permitted; and
(c) we (and our related bodies corporate, agents, employees, officers and representatives)
will not be liable to you for indirect and consequential loss arising from or connected to
these Terms in contract, tort, under any statute or otherwise (including, without limitation,
for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or
corruption of data and any other commercial or economic loss of any kind).
15.2 Our liability (and any liability of our related bodies corporate, agents, employees, officers and
representatives) to you for loss or damage of any kind arising out of these Terms or in connection
with the relationship established by it is reduced to the extent (if any) that you cause or contribute
to the loss or damage. This reduction applies whether the liability arises in contract, tort
(including negligence), under any statute or otherwise.
16. TERMINATION AND SUSPENSION
16.1 Suspension
(a) We reserve the right to refuse service, terminate accounts and/or remove or edit content
if we deem that you have likely acted in breach of these Terms or have used the Website
in a fraudulent, illegal or improper manner. We also reserve the right to otherwise cancel
Orders in accordance with clause 9.
(b) If we lock, suspend or delete your account under clause 16.1, then we will refund all credits
that you are entitled to receive under these Terms by direct deposit to your nominated
account once we have conducted all our verification and other relevant checks.
16.2 Termination
(a) We may immediately suspend, terminate or limit your access to and use of the Website
and (where relevant) your Account for any reason, including (but not limited to):
(i) If you breach these Terms or we reasonably suspect (in our sole discretion) that
you have breached these Terms; or
(ii) We are required by Law to do so.
(b) You may stop using the Website at any time and for any reason.
(c) We may stop making the Site (or any part of it) available without prior notice. If so, any
Orders that we have accepted will not be affected by this unless the Products that have
been ordered are no longer available or we are prevented from supplying the Products,
in which case, we will notify you and will refund to you all valid payments received by us
for those Products.
17. FORCE MAJEURE
17.1 Neither party will be in breach of these Terms or liable for any failure or delay in the performance
of its obligations under these Terms to the extent that the failure or delay is wholly or partially
caused, directly or indirectly, by a Force Majeure Event or any act or omission of the other party.
17.2 If these Terms are no longer capable of being performed due to circumstances beyond the
reasonable control of the parties, whether as a result of a Force Majeure Event or otherwise:
(a) the agreement between the parties will be at an end; and
(b) both parties must immediately discharge all of their financial and other obligations under
these Terms up to the date of expiration or termination of the Terms.
18. MISCELLANEOUS
18.1 Governing Law
These Terms are governed by the laws of New South Wales. The parties submit to the non exclusive jurisdiction of courts exercising jurisdiction there.
18.2 Severance
Any provision of these Terms which is prohibited or unenforceable in the jurisdiction specified
in clause 18.1 above will be ineffective in that jurisdiction to the extent of the prohibition or
unenforceability. That will not invalidate the remaining provisions of these Terms nor affect the
validity or enforceability of that provision in any other jurisdiction.
18.3 Variation
No variation, modification or waiver of any provision in these Terms, nor consent to any
departure by any party from any such provision, will be of any effect unless it is in writing, signed
by the parties or (in the case of a waiver) by the party giving it. Any such variation, modification,
waiver or consent will be effective only to the extent to or for which it may be made or given.
18.4 Waivers
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the
right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent
another or further exercise of that or another right, power or remedy. A waiver of a right, power
or remedy must be in writing and signed by the party giving the waiver.
18.5 Survival
Any indemnity or any obligation of confidence under Terms is independent and survives
termination of these Terms or an agreement arising in connection with these Terms. Any other
term by its nature intended to survive termination of these Terms survives termination of these
Terms.