ARK BAY is referred to as
"we," "us," and "our" in these terms and
conditions. All content on this website, including your ability to purchase our
product(s), is offered to you subject to the following terms and conditions.
We may revise this Notice at
any time, and your continued use of the website after such revisions means that
you accept the terms and conditions as revised. To that purpose, we advise you
to review these terms and conditions every time you use our website.
Users
Becoming a registered user is
required in order to enjoy all the features of this website. In order to become
a member, please fill out the form on our registration/membership page. If you
have any questions about how we treat the information you provide us during
registration, including how we store it or how we might use it in the future,
please read the Privacy Policy linked from our homepage.
You agree to keep your
registration information current and correct at all times.
We'll provide you with a
unique ID and password the moment you sign up. Your registration indicates your
acceptance of our service fees as described on our site.
If you violate any of these
rules, we have the right to cancel your account.
Access to Our Online
Services
Clients must be at least
eighteen (18) years old to get our services. By making a purchase on our site,
you confirm that you are at least 18 years old or have parental permission to
do so.
The Goods and Services Tax
(GST) has already been accounted for in all listed prices in Australian dollars
(AUD). We work hard to keep our price list up to date. Our price list is always
available on our homepage, and we have the right to make adjustments to it as
needed. We promise to fulfill your purchase at a price specified at the time of
your order.
Specifications of the
Products
While we make every effort to
provide accurate product descriptions on our website, we cannot guarantee their
accuracy. If we discover an error in our description, we may go back and fix
it.
All images are for
illustrative reasons only; we make no claims about the accuracy of the colors
or about whether or not they accurately depict the whole design or all
available options for a certain product.
Purchasing of
Products
By making a purchase on our
site, you confirm that you are at least 18 years old or have parental
permission to do so.
While we make every effort to
keep our product listings up-to-date, we cannot guarantee that any particular
item displayed on our site will actually be in stock at any given time.
Shipping and handling costs
are not included in the price you see on the website.
Our order form requests your
full name, shipping address, email address, phone number, and credit card
information. We promise to handle your data with care, but by submitting it to
us, you agree that we are not responsible for any unauthorized use that can be
caused by a transmission mistake, virus, or other malware.
Within SEVEN days, we will
notify you if we can accommodate your order. Our failure to react to your offer
within SEVEN days will be seen as confirmation that we do not wish to pursue
it. We are not obligated to provide explanations for why we have turned down
your purchase, but if we don't have the item in stock, that's probably why.
Following the guidelines
outlined on our site, we will ship your purchased items to you. Once we have
received payment in full. You may find details about our payment policies and
procedures on the page where you place your order.
When we ship you the
products, the risk of loss or damage to the goods transfers to you.
Error-Related Order
Cancellation
We retain the right to refuse
or cancel any orders placed for products that have been listed at the erroneous
price or with incorrect descriptive information or image owing to a
typographical mistake or similar omission. In cases where a charge was made to
your credit card, we shall promptly provide a credit in the full amount of the
transaction.
Refunds and Exchanges
Any item purchased from us
that is returned within 14 days of receipt, unused, in its original packaging,
and with proof of purchase, will be exchanged for a similar item at no
additional cost to the customer. Returns for exchanges of unopened items are
not eligible for reimbursement of shipping costs. You bear all responsibility
and cost for shipping back unused items for an exchange.
If a damaged or defective
item is shipped to you, we will replace it at no cost to you. You can find all
the information you need for returning a defective or incorrectly sent item on
our "return" page. Return Merchandise Authorization (RMA) number will
be sent when you submit the product return form. You may expect to hear from us
again when we've received and reviewed your case.
If we are unable to issue a
replacement or exchange for the returned item(s) at the time of the return, we
will refund your credit card for the full purchase price, including shipping
costs.
Access Into The Site
We grant you a limited
license to view and make personal use of our information during your time here
on our website.
You may save a local copy of
the materials on this site for your own personal use, but you must keep all
trademarks, service marks, and other property notices intact. Any other use of
our material without our permission is an infringement of our intellectual
property.
You may not use, copy,
reproduce, republish, distribute, or display any of the content on this website
without our express written consent or as authorized by the Copyright Act 1968
(Cth).
The use of data mining robots
or similar extraction techniques is not included in the permission to view and
use the information on our website. You also can't metatag or mirror our site
without our express consent under the terms of the license. If we discover that
you have used a metatag or are mirroring our site, we have the right to take
action.
Hyperlinks
There may be times when this
site will connect to other online resources. We do not endorse the content,
maintenance, or privacy policies of any website to which we link, only as a
courtesy. We take no responsibility for the content or practices of other
websites and make no representations about the quality or accuracy of the
information or goods offered by their owners just because we've linked to them
from our own.
When you get our approval,
you can link to our site. This connection will be made at your exclusive
discretion and at your own cost. None of our pages, files, photos, text, or
other materials may be framed inside your website, nor may any of our
intellectual property notices be removed.
Intellectual Property
Rights
To the best of our knowledge,
we own or have permission to use all of the copyright for all of the applets,
graphics, photos, layouts, and text on this website.
We either own or have a
license to use any trademarks, brands, and logos on this site that are
designated with the symbols TM or ®. Therefore, by using our website, you are
not permitting us to use these marks in any commercial manner without our
express written consent.
We will own any and all
comments, feedback, ideas, and suggestions (collectively "Comments")
you offer to us through this website. In the future, we may use your Comments
to promote our website, or in other ways. In addition, you acknowledge that we
have the right to use your Comments for any reason, commercial or otherwise,
without having to pay you or anyone else who contributed to the Comments for
doing so.
Your Comments, and its
legality, creativity, and copyright, are entirely within your control and
responsibility.
Disclaimers
While we've taken great
effort in compiling the content found on this site, we make no guarantees,
whether expressed or implied, about its accuracy, completeness, timeliness,
reliability, or suitability for any specific purpose.
Any implicit condition or
warranty is thus excluded from these terms and conditions to the maximum extent
authorized by law.
Further, we take all
reasonable precautions to ensure that our website is free of any viruses,
worms, and/or malware. Nonetheless, we disclaim all responsibility for any harm
that may come to your computer system as a result of using our website or any
connected website.
Sometimes, we'll feature
content from other businesses, such as adverts and endorsements. We are not
liable for any inaccuracies or omissions that may appear in such content, which
is the exclusive responsibility of the content's original creators.
Consumer Protection Laws, Warranties, and Guarantees
The term "consumer"
is used in the context of the Competition and Consumer Act of 2010
("C&C Act"), specifically in Schedule 2. We provide you with
products or services, or both, and as such, the C&C Act affords you certain
protections as a buyer. Please note that if you are a consumer, you are also
entitled to the statutory assurances listed in Schedule 2 of the C&C Act,
which are appended to the Standard Terms and Conditions.
Customers who fall under
Schedule 2 of the C&C Act are entitled to the following remedies if our
products or services prove defective within a reasonable time after
delivery:
a) a repair or replacement of
the defective goods or part thereof; b) a resupply of the defective services or
part thereof;
c) a full or partial refund.
We may be required to provide
you with certain notices under section 103 of Schedule 2 of the C&C Act if
you are a consumer protected by that Act. To that end, if you qualify as a
"consumer" under Schedule 2 of the C&C Act and our services or
products pertain to the repair of consumer goods, we shall provide you with any
notification required of us under that schedule's section 103.
Also, please be aware
that we reserve the right to use previously serviced or refurbished components
in the course of repairing your items.
Legal Responsibility
Restrictions
This provision applies to you
if you are not a consumer as defined by Schedule 2 of the C&C Act. This
provision shall not apply to the extent that it limits our liability or your
rights if you are a consumer within the meaning of the C&C Act. If you are
not a customer, our liability for breach of an implied guarantee or condition
is limited to the resupply of the services or the payment of the expenses of
having the services resupplied to the fullest extent permissible by law.
Regardless of the nature of
the loss, including any consequential damages, you may have incurred as a
result of our services, we will not be held responsible in any way.
Nothing posted by a user, or
sent from their account rather than ours, will be held against Us in any way.
We take no involvement in the
dealings that take place between users.
Indemnity
All claims, lawsuits,
damages, costs, and expenses (including attorneys' fees) arising out of or
related to your use of our website are waived, and you agree to indemnify and
keep us harmless from any and all liability.
Outside Influence
We may terminate this
Agreement upon at least 14 days' Notice to you if the duration of a Force
Majeure event causing delay exceeds 30 days. Any event, condition, or omission
beyond our control is considered "Force Majeure."
Jurisdiction
You and we both agree that
any dispute or claim between us that arises out of, relates to, or is related
to these terms and conditions shall be resolved exclusively by the courts
located in QUEENSLAND, and we each agree to submit to the jurisdiction of those
courts.
To the extent required to
make a provision of these terms and conditions legitimate under applicable
legislation, such provision shall be restricted, narrowed, interpreted, or
amended so as to be valid under such law. If any part of these terms and
conditions is found to be invalid, the remaining provisions shall continue in
full force and effect without the defective provision.
Privacy
We commit to protecting any
data you disclose to us through our website with the utmost care. However, we
cannot guarantee the security of any information you send to us and make no such
warranties. While we will take reasonable precautions to protect the
information you send to us, any such transmission is done so at your own risk.
We comply with applicable
privacy laws, as detailed in our Privacy Policy, which may be found on our homepage.
Our Terms and Conditions were
written with ARK BAY in mind. A business operating out of Australia, ARK BAY sells various goods and services.