This Website and all content is operated and owned by Aquila Pty Ltd (ABN 25 004 428 568) and its related entities (Aquila), of 204 - 206 Gipps Street, Abbotsford, VIC, 3067. In these Terms and Conditions “we”, “our” and “us” refers to Aquila. By using this Website, you agree to all of these Terms and Conditions.
In order to contract with us, you must be over 18 years of age and possess a valid credit or debit card issued by a bank accepted by us. We reserve the right to accept or reject an order for any reason at any time. All orders are subject to availability of goods and confirmation of the price.
When you place an order, you will receive an e-mail confirming receipt of your order. This is not an order confirmation or order acceptance from us. Your order constitutes an offer to us to buy a particular product(s).
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of goods ordered unless we have notified you that we do not accept your order, or that it has been cancelled.
All prices are in Australia Dollars and inclusive of GST. Delivery charges may apply and this cost will be included during the order process (See Delivery). We reserve the right to change or alter prices without notice.
We use reasonable endeavours to ensure all pricing on the Website is accurate and current. If we discover a genuine error in the price of goods which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
4.3 Availability of goods
We use reasonable endeavours to ensure goods ordered are available for delivery and will endeavour to contact you if we are unable to fulfil all or part of your order. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. We may, at any time and without notice, withdraw or suspend from sale any goods displayed on our Website, either temporarily or permanently. We will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of goods from sale.
Any payment for an order must be cleared by us before goods are dispatched. If your payment cannot be processed, your order will be rejected and we will endeavour to notify you of this.
4.5 Order Cancellations
Unless agreed by us, you may not cancel or make changes to your order. You should carefully check that your order is accurate before you submit it. You may, however, be able to return goods in accordance with our Returns Policy.
4.6 Promotion/Discount Codes
If you have a discount or promotional code it is your responsibility to ensure this is entered in the relevant section during the order process. A promotional code or discount offer cannot be applied after you confirm your order.
4.7 Gift Cards
Gift cards are valid for three (3) years from the date of issue. Gift cards are non-refundable, non-transferable and cannot be redeemed for cash. No change will be given for a purchase made with a gift card however another gift card will be issued if the total amount is not redeemed. Any unused balance will not be refunded or credited when the card expires. Gift cards cannot be replaced if lost or stolen.
Online gift cards cannot be used for payment of purchases in retail stores. They can only be redeemed online at www.aquila.com.au. To check your balance at anytime.
5. Intellectual Property
The content displayed on this Website including photographs, artwork, names, logos and trademarks are the property of Aquila or are included with the permission of the relevant owner. You must not use any trademarks or logos which appear on this Website or do anything to prejudice the rights of the owner or licensee of such trademarks or logos. You are not permitted to publish, manipulate, distribute or otherwise reproduce any content from this Website, in any format, without the consent of Aquila.
We do not warrant that access to the Website will be uninterrupted or the Website is free from faults or viruses and we reserve the right to suspend or withdraw or amend access to the Website at any time for any reason. We will not be liable if for any reason this Website is unavailable at any time or for any period.
7. Website Content
While care has been taken to ensure the content on the Website is accurate, we do not warrant the accuracy, reliability, adequacy or completeness of our Website. We reserve the right to make any necessary corrections at any time and without notice.
8. Disclaimer of Liability
To the fullest extent permitted by law (including Australian Consumer Law) Aquila, its directors, officers, employees, consultants, agents, and affiliates disclaim all liability for any loss or damage whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise except to the extent the damage is directly caused by fraud or the wilful misconduct of Aquila.
You must not cause or attempt to cause damage or interference with the normal functioning of the Website or any material or content displayed on the Website.
You must indemnify Aquila, its directors, officers, employees, consultants, agents, and affiliates, from and against all actions, demands, damage and expenses for which Aquila may become liable arising from your use of this Website or your breach of these Terms and Conditions.
11. Links to Third Party Websites
The Website may contain links to other websites owned or operated by third parties. Aquila takes no responsibility for the content of and makes no representations as to the accuracy of any third party websites.
Aquila may, in its absolute discretion at any time and without notice amend, review and update these Terms and Conditions, and/or any content on the Website.
A single or partial exercise or waiver by us of a right relating to these Terms and Conditions does not prevent any other exercise of that right or the exercise of any other right.
If a provision of these Terms and Conditions does not comply with any applicable law, it must be read down so that it does comply. If that is not possible, the provision must be severed from these Terms and Conditions.
15. Entire Agreement
These Terms and Conditions contain the entire understanding of the parties and all preceding and contemporaneous agreements between you and Aquila, whether expressed or implied affecting this subject matter, are superseded by these Terms and Conditions.
16. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws in force in Victoria, Australia. In the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
17. Contact Us
If you have a concern, query or complaint relating to our Website or these Terms and Conditions, please contact us:
Telephone: +61 3 8412 9800
Post: Customer Care Aquila Pty Ltd
204 - 206 Gipps Street, Abbotsford, VIC, 3067
These Terms and Conditions were last updated on 26 April 2019