TERMS & CONDITIONS
These terms and conditions apply to the use of this website and the ordering, purchase, fulfillment and delivery of products from www.konajoeshealthshack.com. Or www.konajoeshealthshack.com.au .
Please read carefully the following terms and conditions before placing any order via this website. These terms and conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitation of liability. Rights are claimed as to the entire content, including this website, in accordance with the Copyright Act 1968 (Cth) and is the property of Kona Joe’s Health Shack IP Holdings Pty Ltd. The trademark KONA JOES is the registered trademark of Kona Joe’s Health Shack IP Holdings Pty Ltd ACN 628 538 241 ABN 72 628 538 241 and is used under licence granted by Kona Joe’s Health Shack IP Holdings Pty Ltd to Kona Joe’s Health Shack Operations Pty Ltd.
Limitation of Liability – you agree to use the website at your own risk and you must take your own precautions to ensure that your process for accessing the website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We take no responsibility for any such damage which may arise in connection with your use of the website.
Governing Law – your use of this website is governed by the laws of the State of New South Wales and the parties submit to the jurisdiction of the courts of that State. We adhere (where applicable) to all applicable Australian Consumer Laws whereby automatic consumer guarantees apply to the products you buy from this website. Nothing in these terms and conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law. You should refer to the Australian Competition & Consumer Commission website, www.accc.gov.au, if you have any queries.
Pricing – all prices are displaced on the website are subject to change without notice. Product specifications – all features and specifications of products described and depicted on the website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of the product once an order has been accepted by us.
Shipping – all time frames for shipping provided on the website are estimated delivery times only. We will not be liable for any delay in the performance of our obligations if such delay is caused by circumstances beyond our reasonable control and we shall be entitled to a reasonable extension of time for the performance of our obligations. We will not accept any liability for loss or damage suffered by anyone as a result of any such delay. Where you have provided an incorrect or incomplete delivery address for your order, we may charge you redelivery fee for each subsequent delivery attempt.
Payment – you may provide your nominated credit card during the purchase process described on this website. Payment order will be processed immediately upon confirmation of your order.
Faulty or damaged goods and returns policy – we will repair, replace or refund faulty or damaged products in accordance with the applicable warranty terms and conditions and your rights under the Australian Consumer Law.
Limitation – to the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.