TERMS & CONDITIONS

Section 1 – Scope of the terms and conditions

1. The terms and conditions below apply to all deliveries, services and offers made LAVA Australia supplied via this online shop on a contractual basis. By using the LAVA Australia site, you agree to these Terms and Conditions. We hereby declare that purchaser’s acknowledgements referring to the purchaser’s own terms and conditions will not be recognised. Any divergences from our own terms and conditions are valid only if they are confirmed by us in writing.

We reserve the right to modify the terms of this agreement. By continuing to use the LAVA Australia site after we post any changes, you indicate your acceptance of the modified terms.

Section 2 – Offer and contract

1. All offers are subject to change. All information on this website is given without guarantee. We reserve the right to make technical changes and are not liable for any typos or errors. All items are without decoration.
2. LAVA reserves the right to make changes to design or technical changes. Divergences in output data of up to 5 % at the top and bottom of the range are possible with regard to manufacturing. Commissions and orders only count as accepted if they have been confirmed by us in writing. The acknowledgement of order created by the shop systems and sent to the customer by email does not in this case count as automatic acceptance of the order, but rather as a summary. An order will only count as accepted if no order acknowledgement giving information to the contrary is made within 5 working days after receipt of order and/or the goods ordered are dispatched.

3. The order processing and contacting take place usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

Section 3 – Returns

1. All returns must be approved by seller. Shipping costs (both ways) are not reimbursed. We request that you enclose a copy of the purchase document or respectively of the delivery document or invoice. In addition, we request that you have the goods well-packed (well protected, as delivered) for collection. LAVA Australia is not responsible for losses or damages, we advise you insure your shipment. Goods are to be returned in original packaging and in AS NEW condition.

The revocation is to be addressed to:

LAVA Australia
Canning Hwy

Alfred Cove 6154 WA

T   +61 (0)49 09 03 03 4
M  service@la-va.com.au

W  www.la-va.com.au

2. There is no right to revocation for the delivery of goods made to customer specifications or clearly customised for personal requirements, or for goods that due to their properties are not suitable for return shipment or can decay quickly or whose use-by date has been exceeded.
Examples of such goods are: special vacuum appliances with special technical specifications, special vacuum bags with customised dimensions, or goods clearly produced to customer requirements (e.g. a vacuum appliance with customer logo).

Section 4 – Delivery

1. We provide customers with an estimated date of delivery, however, these estimates are subject to change and are not guaranteed.

2. Depending on our network of delivery providers we may not deliver to PO Boxes, locked bags or parcel lockers and deliveries are not made on weekends or public holidays as they apply nationally and to each State.

3. Unless the customer selects independently an alternate service, LAVA Australia needs a signature on delivery to ensure a successful delivery. LAVA Australia holds no responsibility for goods left unattended at a delivery address when the parcel is marked “ATL – Authority to Leave”.

4. You or a representative may need to sign a delivery acceptance form. Signing the delivery document will be taken as refusal to accept the delivery. Where a redelivery is required due to refusal to accept delivery, you may pay a fee for a new delivery.

5. If you select an item that is too large or heavy to go through the standard post, we’ll deliver this to you via shipping service. Additional delivery fees might incur.

Section – 5 Prices

1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.

2. Prices are gross prices in AUD.

3. Prices for our products are subject to change without notice.
4. The following applies to ship items: The purchaser is to supply assistants to help with transport into the premises. Our calculations are based on exact on-site scheduling. If the customer requests a postponement when the goods are ready for dispatch, we have the right to claim compensation and storage costs. If delivery free of charge has been agreed, this applies only to door delivery without transport into the premises and assembly.

Section 6 – Payment

1. Payment in the LAVA online shop is possible by Paypal, credit card or on an account. We reserve the right to accept or exclude certain types of payment e.g. payment in advance, in individual cases.
2. Payment by Paypal: after successful order procedure, the purchase price is charged to the customer’s Paypal account and the goods are shipped.
3. Payment by credit card: after successful order procedure, the purchase price is charged to the customer’s credit card account and the goods are shipped.
4. Payment in advance: the purchase price is payable immediately after receipt of acknowledgement of order, by bank transfer to the account given in the acknowledgement of order. Shipment will be days after receipt of payment.
5. If the purchaser’s payments fall into arrears, we are entitled, from the point of the customer falling into arrears, to charge interest to the amount of 1 % per month and a 5.00 AUD fee per reminder sent.
6. If in connection with the arrears a debt collection agency is contracted to collect the debt, the purchaser will be responsible for the costs arising from commissioning the collection agency, with the exception of the contingency fee.
7. Invoices for spare parts, repairs, assembly, transport and packaging are payable immediately on receipt without discount.

Section 7 – Reservation of property

1. All items supplied by us remain the property of Lava Australia until full payment has been made.
2. In the case of arrears, LAVA Australia has the right at any time to demand the surrender of the items. Payments already made up to the amount of 40 % of the purchase price can be retained as compensation for costs without any claim to repayment.
3. If the purchaser has not made any part payments, LAVA Australia has a right to compensation to the amount of 40 % of the purchase price.
4. Costs for delivery and removal are to be paid separately by the purchaser.

Section 8 – Guarantee

1. The purchaser has the right to demand subsequent improvement if parts of the delivery are unusable or greatly limited in their function due to defects in material or fabrication.
2. The period of guarantee is 2 years for private and commercial customers, as well as for business people and fully qualified merchants, from the date of delivery in each case. (An extension of guarantee on purchase to a period of 5 years is possible on payment of a surcharge.)

3. Shipping costs to and from technicians/buyers are not reimbursed.

4. The Lava Company will provide no guarantee in cases of:

  • Abusive or improper use

  • Loss of parts

  • Environmental influences (humidity, heat, overvoltage, dust etc.)

  • Failure to observe any safety precautions

  • Non-compliance with the operating instructions

  • Use of force (eg blow, shock, case)

  • Unauthorized repair attempts

  • Normal wear (eg glass-fibre sealing tape or foam sealing)

  • Defective assembly

  • Inappropriate operating materials (electric current/cleaning materials etc.)

5. Wear and tear parts are not subject to guarantee.
6. The LAVA Company will also provide no guarantee for any damage suffered by the goods in stock in connection with the item supplied.
7. Only the direct purchaser is entitled to make guarantee claims they are not transferable.
8. Notification of obvious defects in the delivery must be made without delay after the goods have been received, by 14 days after receipt at the latest. If there is no notification of defects within this period, the goods will be considered to have been accepted in approved and flawless condition.
8. Additional information on the 5-year guarantee: the guarantee covers all electrical and moving components of the vacuum appliance such as the pump, transformer, electronics circuit board and switches. Wear and tear parts such as for example seals, sealing bands or appliance accessories are exceptions, as are repairs based on improper use. Shipping costs to and from technicians/buyers are not reimbursed. The 5-year guarantee must be listed as a separate item on the purchase invoice.

Section 9 – Compensation

1. If the purchaser, for whatever reason, does not accept the goods or does not fulfil his obligation to co-operate by stating dimensions, choosing the fittings or the colour, the Lava Company is entitled to withdraw from the contract and demand compensation to the amount of 40 % on grounds of non-performance.
2. The LAVA Company also reserves the right to claim for damages that have occurred that exceed the above amount.

Section 10 – Transfer of risk

1. Risk is transferred to the purchaser as soon as the shipment has been handed over to the transporting carrier. If shipment should prove to be impossible through no fault of the vendor, risk will be transferred to the vendor when the goods are ready for dispatch.

Section 11 – Acceptance of goods/transport damage

1. In his own interests, the purchaser must, on the delivery of the goods, inspect the packaging for transport damage and unpack the goods in the presence of the deliverer.
2. Transport damage must be confirmed by the purchaser or the purchaser’s representative on the carrier’s consignment note/delivery document. If this evidence cannot be provided, transport damage will be at the purchaser’s cost.

Section 12 – Limitation of liability

1. Payment of compensation based on the impossibility of performance, positive violation of contractual duty arising from culpa in contrahendo and from liability in tort is limited, with reference to the vendor and his auxiliary persons, to deliberate or grossly negligent actions. Liability for consequential damage, of whatever kind, is excluded.

Section 13 – Partial nullity

1. All disputes arising from this legal relationship are subject to the laws of WA, Australia govern this agreement.
2. If one of the provisions of these Terms and Conditions should prove to be or should become invalid, the content of this invalid provision shall be applied analogously. This shall not affect the validity of the other provisions.

Data protection

We are delighted by your interest in our home-page and our company. Despite careful monitoring of content, we cannot accept any liability for external links to extraneous content.

The protection of your personal data collected, processed and used in connection with your visit to our home-page is very important to us. Your data are protected according to statutory provisions. Below, you can find information about which data are recorded during your visit to our home page and how these are used:

1. Collection and processing of data

Every access to our home page and every call-up of one of the files stored on the home page is recorded. This storage is for internal system-related and statistical purposes. The following are registered: name of the file called up, date and time of call-up, the quantity of data transferred, notification of successful call-up, web browser and requesting domain. In addition, the IP addresses of the requesting computers are registered. Further personal data are recorded only if you provide this information freely, for example as part of an inquiry or registration.

2. Use and passing on of personal data

Insofar as you have made personal data available to us, we use these only to answer your inquiries, to process agreements we have made with you and for technical administration. Address and order data are also collected for our own marketing and advertising purposes.

Your personal data will only be passed on to third parties or transferred in any other way if this is necessary for the purposes of processing our agreement – in particular, in passing on order data to suppliers if it is required for accounting purposes or you have agreed beforehand. You have the right to revoke any agreement you have given with effect for the future.

The personal data stored will be deleted if you revoke your agreement to their storage, when knowledge of these data is no longer required to pursue the purpose for which they have been stored, or when their storage proves to be inadmissible for other legal reasons.

Note: You can countermand the use, processing and transfer of your personal data for marketing and advertising purposes informally at any time by letter to LAVA Australia, Canning Hwy, Alfred Cove, WA or by email to service@la-va.com.au. This does not, however, apply to the data required for processing your order. Once we have received your objection, we shall no longer use, process or transfer the data concerned for any purpose other than the processing of your order.

3. Use of cookies

We employ cookies – little files with configuration information. They help us to determine and realise specialised user functions. We do not record any personal data through cookies. All the website functions can also be used without cookies, but some user-defined properties and settings are then not available.

4. Third-Party tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or  conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

5. Third-Party links

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the
third-party.

6. Google Analytics

This website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable the analysis of your use of a website. The information created by the cookie about your use of this website (including your IP address) is transferred to a Google server in the US and stored there. Google will use this information to evaluate the use of the website, to put together reports on website activity for website operators and to provide further services in connection with website and internet use. Google may also pass this information on to third parties, to the extent that this is legally required or insofar as third parties are processing these data under contract from Google. In no case will Google link your IP address with other Google data. You can prevent the installation of cookies by activating the corresponding setting in your browser software; however, we have to point out that in such a case you may not be able to use all the functions of this website to their full extent. By using this website, you agree to the processing of your data collected by Google in the manner described above and for the purpose stated above.

7. Right to information

You have the right to information at any time regarding your stored personal data, their origin and the receiver as well as the purpose of data processing. The webmaster will provide information about the stored data.

8. User comments, feedback and other submissons

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you
agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

9. Facebook

Our website also includes directions (links) to the external social network Facebook. This Internet presence is run exclusively by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook). The links are identified within our website by the Facebook logo or the addition “like” (no Facebook plug-ins are used).
If you click on and follow these links, the Facebook plug-ins are activated and your browser will link directly to the Facebook servers.
If while visiting our website you follow these links and are logged into Facebook via your personal account, the information that you have visited our site will be passed on to Facebook. Facebook may allocate your visit to our website to your account.
This information is transferred to Facebook and stored there. To prevent his, you must log out of your Facebook account before clicking on the link.
The functions allocated to the Facebook links, in particular, the transfer of information and user data, do not become active just by visiting our website, but only when you click on the corresponding links.
The purpose and extent of data collection by Facebook and the further processing and use of your data there, together with the rights and setting options you have to protect your privacy in this context, can be found in the Facebook data protection notes.

Security note:

We make every effort to store your personal data, using all the technical and organisational options, in such a way that they cannot be accessed by third parties. In email communications, we are unable to guarantee full data security, so we recommend that you send confidential information by post.

Standard delivery

Orders are freight-free for all orders of $200 or more shipped to any street address (No PO Boxes) within the mainland of Australia.
Orders of under $200 can be delivered for $9.95.

• Take advantage of FREE Standard delivery* the mainland of Australia on orders $200 and above.

• 3 – 7 business days** for delivery to metro locations

• 5 – 10 business days** for delivery to regional locations including Western Australia, Queensland and Northern Territory

** Delivery time may vary


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