HEADLOK PTY LTD
TERMS AND CONDITIONS OF SALE
ACCEPTANCE OF THESE TERMS AND CONDITIONS
You (“Customer”) may place orders for Products with Headlok Pty Ltd (ACN 649 303 819) (“Headlokt”, “we”, “our”) via our website (www.headlokt.com) (“Website”) or by contacting us on email@example.com. “Products” collectively means any and all items being sold by Headlokt to the Customer.
By placing an order for any Product, you consent to these terms and conditions of sale (“Terms”) and acknowledge that Headlokt will only supply Products subject to these Terms. To the maximum extent permitted by applicable law:
- Unless expressly agreed to in writing by Headlokt, any term or condition in any order or other form or correspondence that purports to add to or is in any way inconsistent with these Terms will be inapplicable and of no force and effect whatsoever; and
- Headlokt’s right to require strict observance and performance of each of these Terms will not be affected by concurrent waiver of any other of these Terms or by any previous course of dealing.
ORDERS AND ACCEPTANCE
- Headlokt reserves the right to accept or reject an order for any reason including unavailability of product, an error in the price, image or the product description, or an error in your order. If Headlokt rejects an order, we will notify you as soon as possible.
- An order is deemed accepted by Headlokt when we acknowledge and confirm the order to you.
- In most cases Headlokt will notify you that a Product is unavailable prior to you completing your order. However, you acknowledge that in some cases this is not possible and Headlokt may need to reject an order you have placed for a Product where Headlokt establishes that it is actually unavailable for delivery. In such cases Headlokt will refund in full all amounts you paid in respect of such unavailable Product.
- Headlokt accepts and delivers orders worldwide. You should ensure that the Product you order is approved for use in your region. Headlokt's Products are certified to comply with applicable standards in:
- Australia & New Zealand (ANZ certified Headlokt Helmet: AS/NZS 2063:2008 & AS/NZS 2063:2020);
- North America (USA Certified Headlokt Helmet: USA CPSC16 CFR1203-2018 - Safety Standard for Bicycle Helmets for Persons Age 5 and Older); and
- Europe (EU certified Headlokt Helmet: EN1078:2012 + A1: 2012 - Helmets for pedal cyclists and for users of skateboards and roller skates under directive CE 89/686/EEC).
- By placing an order for a Product through the Website, you acknowledge you have understood and accepted the description of the Product on the Website.
- While Headlokt uses its best endeavours to ensure all Product descriptions are accurate, we reserve the right to vary such descriptions at any time.
- Headlokt may vary the prices of Products at any time, and prices are subject to change until you have paid for Products in full.
- Unless otherwise stated, all prices shown on the Website are in Australian dollars and include GST, but exclude shipping and delivery charges.
- Applicable shipping and delivery charges will be displayed before you submit payment through the Website.
- All orders must be paid in full before they are shipped to the Customer.
- Headlokt accepts payment by credit card, Paypal and debit cards.
- Delivery times stated on the Website are estimates only and are subject to change without notice.
- Upon confirming your order, Headlokt will notify you of the expected delivery date for the Product(s). If there is any change to the delivery date, Headlokt will notify you of the change as soon as possible.
- Risk in Products passes to you when the Product is delivered to your nominated delivery address.
- Title in Products passes to you upon payment for the Product in full.
YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW
- Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure with a Product and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if they are not of acceptable quality and the failure does not amount to a major failure.
- Nothing in these Terms operates to exclude, restrict or modify the operation of any provision of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
Changes of mind terms
- If you wish to return a Product because you have changed your mind about your purchase, Headlokt will offer you an exchange voucher or refund provided that:
- You return the Product within 30 days of delivery;
- The Product is in new, unused and undamaged condition, with original packaging (including instruction manuals and accessories); and
- You produce satisfactory proof of purchase of the Product.
- Headlokt will not refund or provide a credit for shipping and delivery charges incurred for the returned Product.
- Headlokt will accept Product returns and will provide you with a refund, replacement or repair where the Product:
- Is faulty or is not of acceptable quality;
- Is not fit for its intended purpose;
- Does not match our description or sample.
- Headlokt reserves the right not to accept a Product return where a fault is a result of misuse or neglect, or due to the condition or age of the Product.
- To return a Product you must send or deliver the Product to Headlokt at 43a Capella Crescent, Moorabbin, VIC 3189, enclosing satisfactory proof of purchase (for example, receipt) and your order number.
- Please ensure returned Products are adequately packaged to avoid damage in transit. We strongly recommend that all returned Products are sent with a trackable & insured service. We cannot take responsibility for items that are damaged or lost in transit.
LIMITATION OF LIABILITY
- Without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law, Headlokt accepts no responsibility for damage to Products caused by fair wear and tear or by neglect, misuse, or improper assembly, maintenance or alteration.
- To the maximum extent permitted by applicable law, Headlokt will not be responsible or held liable for punitive, indirect, incidental or consequential damages, including without limitation, liability for loss of use, loss of profits, loss of Product or business interruption.
Changes to these Terms
- Headlokt reserves the right to revise and make changes to these Terms from time to time as may be reasonably necessary to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the Terms in force at the time that you order Products from us.
- A waiver of any right or remedy under these Terms is only effective if given in writing. The fact that the Headlokt fails to do, or delays in doing, something it is entitled to do under these Terms, does not amount to a waiver of any right or remedy.
- If any provision or part of these Terms is void, voidable, illegal or unenforceable it shall be severed from these Terms but without in any way affecting the effectiveness, validity, legality or enforceability of the remaining provisions of these Terms.
- Headlokt will not be considered in default or liable if there is any failure to perform or delay in performing any of its obligations under these Terms, to the extent that such failure or delay is due to an event of Force Majeure. Force Majeure includes strike, industrial dispute, raw material shortage, supplier issue, COVID-19 related government-imposed restrictions, pandemic, epidemic, natural disaster, collision, accident, contamination or radiation, crime, civil unrest, act of terrorism, embargo, government sanction, war or event outside the control of Headlokt.
- Headlokt will use all reasonable endeavours to cure such event (if curable) and to comply with its obligations under these Terms, and as soon as any such event ceases to affect the performance of its obligations under these Terms Headlokt will use all reasonable endeavours to resume compliance with such obligations.
- These Terms will be deemed to have been entered into in the State of Victoria. Any legal action arising out of, or in respect of the contract or agreement between Headlokt and the Customer and/or the interpretation thereof must be brought only in the State of Victoria.
These Terms and Conditions were last updated in July 2023.