Terms and Conditions - Vuly
The following is essential information about the rights and responsibilities of both the seller and the customer. It also includes a list of Terms & Conditions to which all parties must agree prior to the commencement of business with Austwest Outdoors (trading name).
Austwest Outdoors (trading name) reserves the right to amend or delete the following Terms & Conditions at any time. While we strive to provide up-to-date information via , we cannot guarantee that this information is current. Please contact us on (08) 62538154, if you believe that you do not have access to the most recent Terms & Conditions.
Your interaction with Austwest Outdoors (ABN: 80140160872) constitutes your agreement to follow these Terms & Conditions. By accepting this agreement you indicate that you will comply with its regulations.
If you do not agree to comply with the regulations, please refrain from purchasing products from the company. Austwest Outdoors will take appropriate and considered action to uphold the Terms & Conditions.
3.0. Conditions of sale
The following Conditions of Sale will apply to, and bind the purchaser of, any Vuly Trampolines Pty Ltd (ABN: 91 160 793 706) product.
NOTICE TO USER:
Please read this agreement carefully before purchase or assembly. By placing an order, you acknowledge that you have read this agreement, understand it and agree to be bound by its conditions. If you are making a purchase on behalf of another person, you agree that you are making the purchase as their agent.
LEGAL RIGHTS – PLEASE READ:
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS.
Austwest Outdoors (trading name) as supplier of trampolines, swing sets and accessories (“Products”), sells all Products subject to the following conditions:
To the maximum extent permitted by the law, Austwest Outdoors its employees, directors and agents will not be liable to the customer, their dependents or legal representatives for damage to property, personal injury or death suffered by the customer because the Product was not manufactured or supplied with due care and skill, the Product is not reasonably fit for its purpose or because of negligence, breach of contract, breach of statute or breach of statutory duty by Austwest Outdoors.
Austwest Outdoors, its employees, directors and agents are not liable to the customer, their dependents or legal representatives for personal injury or death suffered by the customer because the Product was not:
installed in accordance with the Vuly instruction manual. It is the customer’s responsibility to check all boxes to confirm that all components are included and in the correct condition before assembly.
installed with due care and skill, by a the customer or a third party assembly service; and
in the same condition as when the Product was supplied, due to wear and tear – including, but not limited to, weather damage, deterioration of the net, spring stretch, UV deterioration or rust.
The customer acknowledges that using the Product can be dangerous, with inherent risks and hazards. As a consequence, personal injury or death may occur. The customer assumes and accepts all such risks, and hereby – to the full extent permitted by law – waives the right of action against, and fully releases Austwest Outdoors (trading name) for, loss, damages, personal injury or death in any way caused by, or relating to, the customer’s participation in such activities.
This includes – without limitation – liability for any negligent or tortuous acts or omission, breach of duty, breach of contract or breach of statutory duty on the part of Austwest Outdoors, its office bearers, directors, employees or agents.
The use of the Product involves a significant risk of participants suffering personal injury including the possibility of serious injuries, permanent disability or death. All participants who engage in activities with the Product do so at their own risk.
4.0. Title and risk
Title to, and ownership of, any product ordered from Austwest Outdoors passes to the customer when the customer pays all amounts due for the product – including delivery and other charges – and when Austwest Outdoors receives these payment in full, and not before. Austwest Outdoors is not required to, and will not, make arrangements for delivery of any product until it receives payment in full.
Risk in any product passes to the customer when the product is dispatched from the Austwest Outdoors warehouse (or otherwise leaves the possession or control of Austwest Outdoors) in accordance with the customer’s instructions, regardless of the method of delivery.
Austwest Outdoors will endeavour to provide timely delivery of ordered products; however, estimated delivery times cannot be guaranteed.
Services to assemble the customer’s product are available for through Austwest Outdoors sub-contractors. Austwest Outdoors is not responsible for any damage incurred by any other installation methods.
7.0. Product registration
To access the Half-Price Parts for Life programme or to lodge a Warranty Claim, customers must ensure that their Vuly product is registered with Vuly by visiting www.vulyplay.com/support and completing the form – with a proof of purchase.
8.0. Half-Price Parts for Life
Vuly offers half-price replacement parts to all customers on core components of their trampoline or swing set purchase – for the lifetime of the product – through the Half-Price Parts for Life programme.
This programme is subject to change at any time, and it is only available to customers who have purchased either through an authorised reseller or directly through Vuly.
8.1. Trampoline ‘components’
Half-Price Parts for Life is only available to customers who wish to replace parts that are core components of their trampoline. These parts include:
- Leaf Springs,
- Jump Mat,
- Joiner Poles,
- Safety Net (and components thereof),
- Net Poles,
- Frame Tubes.
The programme does not extend to accessories or to Shade Cover.
8.2. Swing Set ‘components’
Half-Price Parts for Life is only available to customers who wish to replace parts that are core components of their swing set frame. These parts include:
- Frame Tubes and Legs
- Swing Rails
The programme does not extend to individual Swings (which are customisable, and therefore not ‘core components’), accessories or Shade Cover.
All Vuly products are sold with a manufacturing warranty, which assure that the item is free of defects in workmanship and materials (“warranty”).
Vuly offers the longest and most extensive warranties in the market on all our trampoline and swing set models. They provide a comprehensive after-sales service.
9.1. Warranty periods
Warranty periods always commence from the date of item dispatch – unless documentation from an authorised third-party installer provides an actual set-up date.
Warranty periods on Vuly trampolines and swing sets do not reset for any reason, unless the customer purchases an entirely new product. In this case, that particular product will be covered by its own warranty period. It does not affect – nor will it increase – warranty periods for other purchased items.
Replacing any parts that constitute a trampoline or swing set do not change the original warranty period of that product.
9.1.1 Models from 01/12/2008 - Present
This warranty is for use under normal conditions, and it applies for:
- 120 months [10 years] to the Frame Tubes and Joiner Poles.
- 60 months [5 years] to the Springs (excluding Leaf Springs), and Jump Mat (excluding the print).
- 12 months [1 year] to all other parts of a purchased trampoline – e.g. Safety Padding, Safety Net, Net Poles, Leaf Springs.
- 120 months [10 years] to all Frame components.
- 12 months [1 year] to all other parts of a purchased swing set – e.g. Swings and components thereof.
- 12 months [1 year] to purchased accessories – e.g. Mister, Deck – not received during a promotional period.
- 3 months to any items received at no cost as part of a promotion – e.g. ‘Free Shade Cover’.
The customer may extend the standard 12-month [1 year] warranty to 36 months [3 years], if they purchase an extended warranty within 7 days of their delivery date. No extended warranty is available on standard warranties that are over or under 12 months [1 year].
9.1.2 Models before 01/12/2008
The aforementioned Vuly warranty applies to Vuly trampolines and Trampolines Australia trampolines sold after 1st December 2008. These are the trampolines with Square T-sections.
If a customer purchased an earlier model trampoline – with a rounded T-section – the warranty, for use under normal conditions, applies for:
- 36 months [3 years] to the Frame Tubes, Joiner Poles and Net Poles, Springs and Jump Mat (excluding the print).
- 12 months [1 year] to all other parts of the purchased trampoline – e.g. Safety Padding and Safety Net – and accessories.
This warranty covers manufacturing faults and defects only.
If a product is damaged or rendered unsafe as a result of a departure from its design specifications during production, this constitutes a manufacturing fault or defect.
This may occur if – for example – use of incorrect textiles during manufacturing causes a Safety Net to disintegrate, or if improper welding produces an unstable Frame.
9.3.1. Damage through wear and tear
This warranty does not extend to normal wear and tear of the product. This may include, but is not limited to:
- Rusting of steel components,
- UV deterioration of textile components,
- Stretching of springs.
As outdoor products that are actively used, trampolines, swing sets and their accessories will experience wear and tear over time.
9.3.2. Damage through weather conditions
Damage to the product that results from weather events – such as rain or wind – are not covered under the warranty. Vuly suggests that you contact your home and contents insurer if your product is damaged by such events.
9.3.3. Damage through improper installation
This warranty does not extend to any failure of the product caused by installation not in accordance with the Vuly Manual. Customers must assemble their Vuly product by following carefully the Installation section of their Vuly Manual.
Furthermore, the warranty does not cover installation provided by a third-party assembly service. It is the customer’s responsibility to check all boxes and confirm that all components are included in the correct condition before installing.
9.3.4. Damage through insufficient care or maintenance
This warranty does not extend to accelerated decay of the product caused by poor care or maintenance. It is essential that customers regularly check, and follow the advice of, the Care and Maintenance sections of their Vuly Manual to ensure that their product lasts as long as possible.
9.3.5. Damage through inappropriate use
This warranty will be void if the product is used for any other activity besides those for which it was intended. Vuly products constitute recreational trampolines, swing sets and accessories for such products. They are not intended for use as professional, gymnastics trampolines, springboards, etc.
The warranty will also be void if any non-Vuly components or accessories are used with the product – such as third-party swings or Shade Covers.
Any evidence that inappropriate actions that have led to product failure will not be covered by the warranty. Similarly, replacement parts or repairs needed to mend such damage will not be covered under the warranty.
9.3.6. Damage through salt water body proximity
This warranty (on steel components, specifically) will be reduced by 25% where the Vuly product is assembled within 1.6 km of a salt water environment or where it is subject to ocean spray.
9.3.7. Personal injury
This warranty does not cover personal injury or losses due to any of the above: wear and tear, weather conditions, inappropriate installation, insufficient care or maintenance or inappropriate use, nor does it cover damage due to negligence or accidents.
This warranty does not cover any installation service. If a customer pays for installation of their trampoline or swing set at the time of purchase, this is a one-time service only. The customer may not claim installation costs for any replacement parts under any circumstances.
9.4. Warranty Claims
If a customer believes that a Vuly product is faulty or defective, they must discontinue use and submit a Warranty Claim.
A customer must not attempt to use a product if any part is faulty or defective, as it may be dangerous. Any damage that the user causes as a result of using faulty or defective products will lead to voiding of the warranty.
9.4.1. Making a Warranty Claim
To fulfil a warranty claim, a customer must submit an online Warranty Claim at www.vulyplay.com/support.
Submitting the online Warranty Claim form requires the customer to provide:
- Details of their purchase – including date,
- Batch number,
- Clear photographic evidence of the manufacturing fault or defect.
If the customer does not provide all details that the form requires, their Warranty Claim will not be assessed.
Vuly may take up to 7 days to process Warranty Claims upon a completed submission. It may take a further 12 days for replacement parts to reach the customer.
9.4.2. Successful Warranty Claims
If Vuly accepts a customer’s Warranty Claim, Vuly will replace the faulty or defective parts, not offer refunds.
Successful Warranty Claims lodged within 7 days of the delivery date:
Vuly will replace the damaged parts free of charge. Vuly will also cover any costs associated with shipping the replacement part.
Successful Warranty Claims lodged after 7 days of the delivery date:
Vuly will replace the damaged parts free of charge. The customer must cover any costs associated with shipping the replacement part.
In all instances of successful warranty claims, Vuly offers replacements parts only. Vuly provides refunds only at their discretion.
9.4 Australian Consumer Law
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also 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.
10.0. Missing parts
If a customer believes that a Vuly product does not include all necessary parts, they must contact Vuly immediately on 1300 667 514.
A customer must not attempt to use a product if any part is incomplete, as it may be dangerous. Any damage that the user causes as a result of using incomplete products will lead to voiding of the warranty.
Vuly products are delivered to Vuly HQ prepackaged; we are unable to check the boxes prior to delivery to ensure that they contain all the required parts. While the missing part rate during packing is very low, some parts may also fall out in transit due to small, unintentional tears in their boxes.
11.0. Order cancellations
Once an order has been placed and/or ‘dispatched’ the item may not be returned, unless it is deemed to have a manufacturing fault.
11.1 Laybys and cancellations
We appreciate that buying Vuly Play Equipment is an investment and you may need some time to pay. So we offer a layby option. This also allows you to secure your purchase, particularly in the lead up to Christmas and other times when items are in high demand or stock is limited. We ask for a 30% deposit and then regular instalments which can be paid via EFT or over the phone. Our normal lay-by period is 8 weeks but exceptions can be made. For a change of mind, a fee of $50 applies.
If the customer orders a product before it is in stock, this constitutes a pre-order.
The timeframes that Vuly provides for stock arrival on pre-orders are estimations only, and they are, therefore, not guaranteed. Time delays due to shipping and freight are often unforeseeable and out of Austwest Outdoors control.
Austwest Outdoors does not offer refunds on pre-ordered products that experience deviations in arrival date from estimated timeframes.
Austwest Outdoors attempts to provide the most accurate and updated information in the content of its website, catalogues and other promotional material.
13.1. Product portrayals
The appearance of the product that the customer receives may differ from those portrayed in promotional material due to subtle product updates or the colour settings of the customer’s computer.
13.2. Product pricing
Prices displayed on the trampolinedeals.com.au website and in promotional material are subject to change at any time and subject to the discretion of the appropriate parties.
Prices may change in store and online at any time. Prices depicted on invoices or quotes provided, either online or on the phone, are valid for 7 days.
Promotions are subject to change at any time, due to stock availability. Promotions provided on the website or in print material do not constitute a binding agreement. Only promotions valid at the point of purchase can be considered binding.
14.0. Territories serviced
Austwest Outdoors services Perth and WA.