Terms & 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.  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 5 – 7 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 5 – 7 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 (USP) and our fulfilment centres. 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 (USP) 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 sales@hookeze.com.au and send we will forward a return form.

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 sales@hookeze.com.au.

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 sales@hookeze.com.au.

SECTION 7 – SHIPPING OF RETURNED PRODUCTS

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.