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Terms & Conditions

Please read these terms and conditions (“Terms”) carefully.
The Terms govern the use of this site and apply to all purchases made from this site. By:

  • Using this site; and/or
  • Placing orders or submitting purchase orders from this site, you accept these Terms and conditions as binding.

 

ORDER ACCEPTANCE

We may refuse or not accept any order without giving reasons, at any time. Any money already received will be refunded.  Orders placed by you are irrevocable.  Receipt of any order confirmation does not signify our acceptance of your order, nor create any binding purchase contract.  We may at any time after receipt of your order accept or decline your order for any reason or make part delivery of any multiple item orders.

 

NO RESALE

This site is a seller to final end user customers in Australia and Internationally.  Goods are not to be purchased for resale in any form.

 

LIABILITY

We are not liable for any loss or damage caused by this website or any website linked to or from this website, or for any failure to accept any order or to deliver any product ordered or for late delivery of any product (other than to refund any purchase price paid to us for products not delivered).

 

DELIVERY

Stated delivery times are estimates only.  We are not responsible for incorrectly entered delivery addresses. See our Shipping Policy for more information.

 

WARRANTIES

Other than as specifically identified in an applicable warranty card in relation to any particular products, we make no express warranties or representations as to any product. To the maximum extent possible at law, our liability under any implied warranties is limited to repair or replacement of products sold (at our option), or if this cannot be affected, refund of the purchase price.

 

PRICING

Prices are subject to change without notice. All credit cards are charged in Australian Dollars and may be subject to bank fees.

 

INTELLECTUAL PROPERTY

Intellectual property rights in all materials appearing on this site, including logos, graphics, icons, and images, text and site design and layout, are the sole property of Whompa and/or are used with the consent of third party suppliers. You may use the content of this site only for shopping on this site or placing an order on this site and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws.

 

LISTING ERRORS

In the event a product is listed at an incorrect price or with incorrect information, we may refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your credit card charged. This clause is for clarification only and is not in limitation of our general rights to refuse to accept orders.

 

LINKS

This site may contain links to other third party sites on the Internet. We are not responsible for the operation of or content located on or through any such site.

 

AMENDMENT

We reserve the right to amend this site and these Terms at any time, without notice, in which case the amended Terms will apply for all orders placed after the change has been made.

 

INDEMNITY

You agree to indemnify and hold Whompa and its subsidiaries, affiliates, officers, agents, employees, partners, suppliers and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Online Service Centre, your use of the Online Service Centre, your connection to the Online Service Centre, your violation of the Terms & Conditions, or your violation of any rights of another.

 

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  • Your use of the Online Service Centre is at your sole risk. The Online Service Centre is provided on an “as is” and “as available” basis. Whompa and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • Whompa and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Online Service Centre will meet your requirements; (ii) the Online Service Centre will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Online Service Centre will be accurate or reliable; (iv) the quality of any products, Online Service Centre, information or other material purchased or obtained by you through the Online Service Centre will meet your expectations; and (v) any errors in the software will be corrected.
  • Any material downloaded or otherwise obtained through the use of the Online Service Centre is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from Whompa or through or from the Online Service Centre shall create any warranty not expressly stated in the Terms & Conditions.

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