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Terms of Use

DISCLAIMER – TERMS OF USE E-STORE HEDGREN.

 

  1. Legal notices

Australia’s Power Brands Pty Ltd

PO Box 2145

Taren Point

NSW 2229

 

  1. Acceptance of Terms of use

Use of this web site (i.e. https://au.hedgren.com) is conditioned upon users acceptance of the terms of use contained herein. All users of this web site hereby understand and agree that their use of such web site constitutes acceptance of the terms of use set forth in this legal notice. Australia’s Power Brands Pty Ltd, reserves the right to modify the terms of use at any time without prior notice. If you do not agree to these terms, you may not use this web site. The domain name https://au.hedgren.com is owned by Australia’s Power Brands Pty Ltd.

  1. Security and Privacy

When you purchase goods through our website, you give us personal data. We use this personal data to process your purchase and to deliver it. We also use this personal data for limited other purposes. The collect, use and disclose of your personal data will be handled within the framework of our privacy policy as described here https://au.hedgren.com/pages/privacy-policy

  1. Trademarks

This web site contains many trademarks, trade names, service marks, copyrights and/or logos of Australia’s Power Brands Pty Ltd. User agrees that it will not change, modify and/or exploit the marks, nor participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.

  1. Prohibited Use

Any use of this web site for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and or (v) activities that infringe upon any legally protected property right, etc. By using this web site, user agrees that any and all information transmitted to or with the use of this web site cannot and shall not be deemed confidential or proprietary. Australia’s Power Brands Pty Ltd reserves the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. Australia’s Power Brands Pty Ltd, its officers, directors, affiliates, employees, agents, partners, subsidiaries and or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action Australia’s Power Brands Pty Ltd determines appropriate under the circumstances.

  1. Third Party Relationships

This web site may contain several links to other sites. These links are provided merely to assist the user. These sites are independent of Australia’s Power Brands Pty Ltd’s site and Australia’s Power Brands Pty Ltd does not and cannot control the content and or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by Australia’s Power Brands Pty Ltd The inclusion of a link does not mean that Australia’s Power Brands Pty Ltd accepts or endorses any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. Australia’s Power Brands Pty Ltd, and it’s officers, directors, affiliates, employees, agents, partners, contractors and subsidiaries disclaim any and all responsibility/ liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.

  1. Modifications

This web site may contain typographical errors or technical inaccuracies. Australia’s Power Brands Pty Ltd reserves the right to modify the content of this web site at any time without prior notice. Australia’s Power Brands Pty Ltd’s failure to enforce any section of these terms of use shall not be construed as a waiver of such provision. Australia’s Power Brands Pty Ltd may revise these terms of use for its web site at any time without notice. By using this web site the Customer is agreeing to be bound by the Terms of Use applicable at the time the order the Customer is submitting is accepted by Australia’s Power Brands Pty Ltd. Before the Customer submits an order, he will be required to confirm that he has read and accepted these sale terms. Therefore, prior to submitting an order, it is highly suggested that the Customer should save a copy of these Terms of Use.

  1. Severability

If one or more of the provisions contained in these terms of use are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms of use and the balance of these terms of use shall be enforceable.

  1. Warranties & Limitation of Liability

AUSTRALIA’S POWER BRAND PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HEDGREN CREATIONS N.V. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNATIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARRISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.

  1. Force Majeure

Notwithstanding any other provision set forth in these terms of use, Australia’s Power Brands Pty Ltd shall not be liable for any failure or delay in its performance due to any cause beyond Australia’s Power Brands Pty Ltd’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Australia’s Power Brands Pty Ltd shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

  1. Indemnification

User hereby agrees to indemnify, defend, and hold harmless, Australia’s Power Brands Pty Ltd, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners and subsidiaries from and against all claims, actions, suits, demands, costs and damages (including reasonable attorney’s fees) asserted by any third party as a result of user’s use of this web site. Australia’s Power Brands Pty Ltd has the right to control any defense pertaining to this section.

  1. Relationship

Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.

  1. Contract Formation

Once an order is submitted, it is deemed that the customer has agreed to, and is bound by, the terms of use herein described by Australia’s Power Brands Pty Ltd. The contract between Australia’s Power Brands Pty Ltd and the Customer will only be concluded after acceptance by Australia’s Power Brands Pty Ltd of the order submitted. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to the Customer at the time Australia’s Power Brands Pty Ltd sends the e-mail of confirmation to the customer that the product is available and has been shipped. This confirmation will be sent at the e-mail address the latter has entered during the ordering process (whether the Customer receives that e-mail or not). For the avoidance of doubt, any such contract will be deemed to have been concluded in Belgium. Australia’s Power Brands Pty Ltd may, at its discretion, refuse to accept an order for any reason including the fact:

  • That the product is no longer available on its E-Store website
  • There is an error relating to the price or the description of the product on the E-Store website
  • There is an error or a lack of precision in the information provided by the Customer in the submitted order

Specificaly regarding product availability, the inclusion of any product on the E-Store website, does not guarantee that this product will be available at the time the order is submitted.

  1. Prices/Shipment Charges

Australia’s Power Brands Pty Ltd reserves the right to modify the price of the products at any time. The prices applicable will be those in effect at the time of acceptance of an order. All prices will be denominated in AUD and will include GST. Prices quoted in the E-Store are exclusive of shipping charges. The amount of the shipping charges does not depend on the volume of products ordered, but on the total order value or any campaigns applicable.

  1. Payment

The available payment methods are displayed in the E-Store.

If a payment term has been agreed by Australia’s Power Brands Pty Ltd, the Customer will be in default by the mere expiration of that term. Payment terms may be agreed in writing only on the conditions stipulated at that time.

If a credit card is selected as payment method, the conditions of the relevant credit card issuer will apply. Australia’s Power Brands Pty Ltd is not a party to the relationship between the Customer and the credit card issuer.

The Customer will pay all reasonable judicial and extrajudicial expenses of any nature whatsoever, including collection costs, that Australia’s Power Brands Pty Ltd will incur due to the Customer’s failure to fulfil his or her (payment) obligations.

  1. Delivery

Currently Australia’s Power Brands Pty Ltd delivers to customers who have an address in Australia.

Australia’s Power Brands Pty Ltd will ship, or have a third party ship, orders that have been accepted by order of receipt as quickly as possible. If delivery cannot be made within the average term or cannot be made at all, the contract is only concluded after Australia’s Power Brands Pty Ltd has checked the availability of the product. Australia’s Power Brands Pty Ltd will not be liable for any loss whatsoever due to a quoted delivery term being exceeded. Unless a longer delivery term is agreed, Australia’s Power Brands Pty Ltd will fulfil the order within 30 days. If the order cannot be fulfilled within 30 days, Australia’s Power Brands Pty Ltd will inform the Customer accordingly, and the Customer will have the right to cancel the agreement at no cost. Once the order leaves our warehouse an automated e-mail will be sent by the courier company to the Customer’s e-mail. In this e-mail the Customer will find the determined delivery date and the tracking number.

  1. Returns/Right of Withdrawal

The Customer will be obliged to inspect the products (or have them inspected) immediately after receipt. With regard to products purchased from the E-Store, the Customer has the right to cancel the purchase without giving any reason within 14 business days of delivery of the product in question provided that the products have not been used or damaged and with due observance of the following condition: Original tags may not have been removed. As soon as a product is delivered to the Customer, it becomes his property and the Customer is responsible for any loss or damage that could occur to it thereafter.

Without prejudice to the Customer’s statutory rights the Customer will return the item upon cancellation of the purchase using the attached return document and will then be reimbursed. The Customer will inform Australia’s Power Brands Pty Ltd of his or her decision to cancel the purchase within the strict time limit of 14 days of delivery by sending by e-mail at the address customerserviceau@hedgren.com or by registered letter at the address Australia’s Power Brands Pty Ltd, 82 Bellingara Rd, Miranda, NSW 2228. After the sending of his/her decision to cancel the purchase by e-mail or registered letter, the Customer has the obligation to return the product without undue delay within the 14 business days. The return shipping costs are at the expense of Australia’s Power Brands Pty Ltd if the Customer has residency in Australia. The return shipping costs will be at the Customer’s expense in all other cases. If the Customer has exercised his or her Right of Withdrawal described in the previous paragraph, Australia’s Power Brands Pty Ltd will refund the amount paid by the Customer within 21 days after receiving the return.

 

  1. Disclaimer

To the fullest extent permitted at law, Australia’s Power Brands Pty Ltd is providing this website and its contents on an “as is” basis and makes no representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Australia’s Power Brands Pty Ltd does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice. Australia’s Power Brands Pty Ltd assumes no responsibility whatsoever for any links to the internet or other third party websites from its website. Once you activate these links you will leave this website and Australia’s Power Brands Pty Ltd will not be responsible, or liable, for the content of any other websites on the internet to which you may visit from its site.

  1. Governing Law

These terms of use shall be governed by, construed, and enforced in accordance with the laws of New South Wales, Australia, without regard to any choice of law principles.

  1. Jurisdiction

User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of New South Wales, Australia for any and all claims arising from the use of this web site.

  1. Entire Agreement
These terms of use constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.
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