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Terms and Conditions

SECTION 1 – PLACING YOUR ORDER

You may place an order with us by filling in the Order Form on the Hook-Eze Web Site and clicking the “Check Out” button.

When you place your order, we will issue you with an Order/Reference Number. We will do this by email.

By placing an order with us, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. Information contained on the Hook-Eze website constitutes an invitation to buy. No information on our website constitutes or should be deemed as an offer by us to supply any products, however Hook-Eze will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation and invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.

Ross Bain, trading as Hook-Eze Pty Ltd and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.

If we cannot process or accept your Order after payment is received, we will contact you by email or telephone using the contact information provided.

 

SECTION 2 – PAYMENT METHODS AND PROCESSING

Hook-Eze Pty Ltd accepts credit card payments through PayPal & Stripe, as a payment method for any goods purchased on this web site. All payment processing is handled by PayPal & Stripe and all credit card information is collected by PayPal & Stripe. Processing by PayPal & Stripe only takes place after you click the “Submit My Order” button.

Payment for orders placed on a weekend will be processed by PayPal & Stripe immediately but processing of the order will not take place until the next working day. All orders placed with this web site will take a minimum of 3 – 10 working days to reach you.

Business days are Monday to Friday but do not include Australian National and State/ Territory public holidays.

For PayPal & Stripe payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.

Please Note: we cannot accept part-payments, lay-bys or ship COD.

 

SECTION 3 – PRICES

Hook-Eze reserves the right to change prices for Products displayed on this web site at any time.

 

SECTION 4 – SUPPLY OF YOUR ORDER

All items displayed for sale on this web site were in stock at the time you place your order.

 

SECTION 5 – DELIVERY OF YOUR ORDER

Delivery time takes up to 3 – 10 working days from the date your payment is received.

Hook-Eze makes every effort to deliver your order according to the estimated delivery times provided by our carriers (Australia Post) and our fulfillment centers. The estimated delivery times are in business days (Monday through Friday) and do not include public holidays.

 Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to circumstances beyond our control. If your order has not arrived after 15 working days have elapsed, please contact us.

Unless otherwise indicated by you, we will deliver your order to the address you indicated on your order form. If no-one is available to take delivery of your order, our carrier (Australia Post) will leave a notice advising you on where you can collect your order.

We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.

Right title and interest as well as risk of loss to all items in your order will pass to you on delivery.

 

HOOK-EZE REFUND POLICY

SECTION 1 – YOUR RIGHTS TO RETURN A PRODUCT

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Items may be returned because they are faulty and these will be replaced and refund will only be given if we are unable to replace the item that has been returned.

No refunds will be given if you have damaged the item intentionally.

No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.

Sale items (if applicable)  –  Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable) – We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at shop@hookeze.com.au and send your item to: PO Box 2039 North Ipswich Queensland AU 4305.

Gifts  –  If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.  If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Before you return a product please contact us by email or phone to advise us of the problem that you are experiencing with the product.

 

SECTION 2 – PROOF OF PURCHASE

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

 

SECTION 3 – PARTIAL REFUNDS

There are certain situations where only partial refunds are granted (if applicable)

  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error
  • Any item that is returned more than 30 days after delivery

SECTION 4 – PRODUCTS THAT ARE DAMAGED IN TRANSIT

A Hook-Eze product that shows symptoms of damage or is discovered to be damaged when first taken from its packaging is considered to be damaged on arrival.

Refunds will only be offered where a replacement product cannot be provided.

Where Hook-Eze has provisionally determined that a Product is damaged, return shipping will be arranged at the expense of Hook-Eze.

If the product is deemed by Hook-Eze to be undamaged on arrival, Hook-Eze may in its absolute discretion refuse to replace the product or offer you a refund for the product.

When a Product is replaced, your replacement product becomes your property and the returned product that was not working on arrival becomes our property.

When a refund is given, the returned product becomes our property.

 

SECTION 5 – PROBLEMS WITH PRODUCTS AFTER DELIVERY

If your item is damaged when it arrives or you find a defect arises after delivery and a valid claim is received by Hook-Eze within 30 days of delivery, Hook-Eze will exchange the product where possible, or refund you the purchase price of the product. Should you contact us outside the 30-day period Hook-Eze will consider each claim on a case by case basis on its merits.

No refunds will be given if you have damaged the item intentionally

Where we agree to replace the product or refund you the purchase price of the product, you must first return the defective Product to us. You will be obliged to pay for the return of the product if the item is sent after 30 days from dispatch.

We will make arrangements with you for the return of the product.

Replacement Products are provided with the same Warranty as the returned Product.

 

SECTION 6 – ORGANISING THE RETURN OF PRODUCTS THAT ARE DAMAGED

6A – PROCESS FOR RETURNING GOODS

Before you return a product please contact us by email or phone to advise us of the problem that you are experiencing with the product.

We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at shop@hookeze.com.au and send your item to: PO Box 2039 North Ipswich Queensland AU 4305.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

When a Replacement Product is arranged:

  • A replacement for the same product that you ordered will be shipped to you at our expense after we have received your returned product.
  • The delivery time for the replacement product will be the same as stated for the original product you ordered.
  • Replacement products are provided with the same Limited Warranty as the original product.

When a Refund is arranged:

  • Refunds include all shipping and associated costs for the product that was damaged on arrival.
  • No refund will be given to you until Hook-Eze has received the original item back from you.
  • Refunds will be issued by a credit via your credit card account or your PayPal account.
  • If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
  • If it becomes necessary to issue a refund that refund will be made via a credit to your credit card account or by a credit to your PayPal account.
  • Items that are discovered to be damaged on arrival must be returned whenever we agree to replace the product or provide you with a refund.

 

Late or missing refunds (if applicable)

  • If you haven’t received a refund yet, first check your bank account again.
  • Then contact your credit card company, it may take some time before your refund is officially posted.
  • Next contact your bank. There is often some processing time before a refund is posted.
  • If you’ve done all of this and you still have not received your refund yet, please contact us at shop@hookeze.com.au.

SECTION 7 – SHIPPING OF RETURNED PRODUCTS

To return your product, you should mail your product to: HOOK-EZE PTY LTD, PO Box 2039 North Ipswich Queensland AU 4305.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

SECTION 8 – OUR LIABILITY

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.

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.

We will not be held liable for the loss of a product by you.
SECTION 9 – YOUR DATA – USE AND PROTECTION

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.

 

SECTION 10 – CREDIT CARD FRAUD

Hook-Eze will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

 

11 –  GENERAL

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Hook-Eze. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in Hook-Eze for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Hook-Eze, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

Hook-Eze reserves the right to change the Terms and Conditions of sale at any time.

No Hook-Eze employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure  –  Hook-Eze shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Hook-Eze, and Hook-Eze shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law  –  These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia and the United States of America.

 

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials
    (information or software) on Hook Eze Pty Ltd’s web site for personal,
    non-commercial transitory viewing only. This is the grant of a license,
    not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Hook Eze Pty Ltd’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hook Eze Pty Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Hook Eze Pty Ltd’s web site are provided “as is”. Hook Eze Pty Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Hook Eze Pty Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Hook Eze Pty Ltd or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Hook Eze Pty Ltd’s Internet site, even if Hook Eze Pty Ltd or a Hook Eze Pty Ltd authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Hook Eze Pty Ltd’s web site could include technical, typographical, or photographic errors. Hook Eze Pty Ltd does not warrant that any of the materials on its web site are accurate, complete, or current. Hook Eze Pty Ltd may make changes to the materials contained on its web site at any time without notice. Hook Eze Pty Ltd does not, however, make any commitment to update the materials.

6. Links

Hook Eze Pty Ltd has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hook Eze Pty Ltd of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Hook Eze Pty Ltd may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Hook Eze Pty Ltd’s web site shall be governed by the laws of the State of Queensland Australia without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

9. Automatic Data Collection

You allow us to collect data from you  through our site for the purpose of re-marketing, or reminding you of abandoned carts orders, this may include bots, scrapers, spiders, and robots, and that the data gathered is used for our own internal purposes.  We will never rent or sell the information from our customers without permission from you, and we will never use information from customers for any purpose or goal other than providing our services and products and to provide a brand experience. If we, at any time, amend or change the policy in the previous sentence, we will give advanced notice of such changes, revisions or amendments. In return for this, you deliver to us a non-exclusive, royalty-free, worldwide, non-revocable license, with the right to publish, distribute, display, sublicense, and use information from customers only as needed by us to operate and offer our service and related products, which includes any offerings from third parties, distributors included.

By accessing, using and/or registering for the Services, you shall not use the Services, in whole or in part, in any way, for the purpose of composing and/or sending chain letters, junk electronic mail, "spam," or any purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a Message from you is strictly prohibited (hereinafter referred to as "Spamming").

The definition of "Spamming" is determined solely by Hookeze internal evaluation system, which involves numerous data points, including such things as your complaint rate, adherence to the CAN-SPAM Act, bounce rate, complaints from ISPs and feedback from blacklisting services and other criteria we may deem appropriate.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed a Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • We use third parties to collect conversion tracking data; and, if applicable, about how you are working with Twitter to collect data for remarketing purposes, you can always use Twitter's privacy controls to opt out. See Twitter Privacy 

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. For more information contact us

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