Customer Service (03) 9706 4576
1. In General
In these Terms of Service, "we", "us", "our" or "Hakon" means Hakon.com.au Limited.
Access to and use of this Website and the goods and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites, which are not operated by Hakon (the "Linked Sites"). Hakon has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2. Privacy Policy
Our privacy policy, which sets out how we will use your personal information, can be found at Privacy Policy. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.
3. Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Hakon will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Hakon and is protected by copyright laws and treaties around the world. All such rights are reserved by Hakon. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Hakon.
Hakon.com.au TM is a trade mark belonging to Hakon. No licence or consent is granted to you to use this mark in any way without the written permission of Hakon.
5. Registration
Where you register for any area of this Website, the following terms and conditions apply.
You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
Hakon reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
If you use multiple accounts for the purpose of disrupting the Hakon Blogs you may have action taken against all of your accounts.
If you sign into any area of this Website on a public computer (e.g. at a university, public library, workplace etc,) and do not sign out, someone else who uses that computer after you may be able to access your Hakon account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.
Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Hakon account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Hakon account(s).
6.
7. Terms of Sale
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Hakon you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Hakon retains the right to refuse any order made by you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.
a. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
b. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
c. Payment
We appoint Stripe Australia Pty (ACN 160 180 343) as our billing agent to invoice and collect payment for the goods you are purchasing on our behalf, so you will see their name on your invoice and on your transaction history if you pay by credit or debit card. Please contact Hakon via email if you have any questions about invoicing and payment for goods.
Upon receiving your order, our billing agent carries out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.
d. Returns and Collections
Returning goods if they are faulty
Our goods come with a 12 month warranty that cannot be excluded under the Australian Consumer Law. You will be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality. If you think that there is a fault with the goods you have received, please let us know straight away by contacting Hakon via email. Please include as many details as possible about the order and the problem with the goods.
e. Returning goods if you change your mind
In addition to your rights in relation to faulty goods, you can return any goods within 7 days of receipt for a refund of those goods or to exchange it for a different product on Hakon.com.au. If you want a refund, we will refund the monetary value of the goods returned to us, at the price you purchased them minus the total freight and delivery cost and 10% of the total goods value.
f. Returns generally
This section applies to the return of all goods, regardless of whether they are faulty or you choose your mind.
You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error.
Please use the label on your delivery and returns note, enclosed with your goods.
8. Disclaimer of Liability
a. All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.
b. Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
c.In particular our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
d.If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Hakon is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Hakon for breach of the Non-Excludable Provision is limited to one or more of the following at Hakon’ option:
e. i. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
ii. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
f. Subject to Hakon' obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Hakon is not liable for, and no measure of damages will, under any circumstances, include:
i. special, indirect, consequential, incidental or punitive damages; or
ii. damages for loss of profits, revenue, goodwill and anticipated savings
whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
9. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Hakon.
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