For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us via our contact us page.
By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
1. Using the Website
1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the Terms. You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
1.2 Permission is granted to display, copy, distribute, download, and print in hard copy portions of the Website content solely for the proper and reasonable purposes of:
(a) placing an order with us; and
(b) using the Website as a shopping resource, provided that:
(a) you do not modify the Website;
(b) we retain all copyright; and
(c) you otherwise adhere to these Terms.
1.3 Any costs associated with downloading, installing, accessing and using the Website remain your responsibility and are dependent on the service provider used. You also understand that we cannot and do not guarantee or warrant that the Website or any material available for download via the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements
1.4 You acknowledge and agree that:
(a) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
(b) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes) ; and
(c) we may revise or amend these Terms at any time in our absolute discretion by posting revised terms and by continuing to use the Website after any revision becomes effective, you agree to be bound by the revised Terms; and
(d) in the event that any portion of these Terms is found to be unenforceable, the remainder of the Terms remain in full force and effect.
2. Prohibited Conduct
2.1 You must not, without our prior written permission, exploit any of our materials for commercial purposes or other purposes that are not expressly permitted under these Terms.
2.2 You are not authorised to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from contents or material contained on the Website, including but not limited to text, graphics, images, logos and icons, without the prior written permission of us and any other owner of rights in the material that you access via the Website.
2.3 You must not:
(a) use any robot, spider, scraping device, deep link or any other automatic tool or algorithm or any manual process that performs the same function;
(b) decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Website to a human perceivable form;
(c) distribute or republish any element of the Website in any way;
(d) resell, rent, lease or lend any element of the Website;
(e) defeat, disable or circumvent any security feature of the Website; or
(f) transfer any element of the Website to any third party.
2.4 You must not upload, post, transmit or otherwise make available through the Website any material which:
(a) violates or infringes the rights of others (including their privacy and intellectual property rights);
(b) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
(c) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the Website;
(d) affects the functionality or operation of the Website or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly);
(e) breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require us to take remedial action under any applicable industry code; or
(f) solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses.
3. Website Contents, Ownership and Intellectual Property Rights
3.1 The material on this Website is protected by all applicable laws including copyright and trade mark laws under the laws of Australia and other countries through international treaties.
3.2 No trademark (whether registered or otherwise), that is contained on this Website or otherwise used by us, may be used without our prior, specific, written permission or that of the trademark owner.
3.3 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
3.4 By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
3.5 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner. You represent and warrant to us that you have all necessary rights to grant the licences and consents. The licence will survive any termination of these Terms.
4. Third Party Websites
4.1 The Website may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Splosh and we are not responsible for the contents of any such information or website. We provide such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement by us of the linked website. You rely on such information or websites entirely at your own risk.
4.2 The Website may contain content added by third parties. We do not endorse, sponsor or approve any such user generated content. You rely on information added by third parties entirely at your own risk.
4.3 The Website may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications or features on the Website. The Website is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
5. No Representation or Warranty
5.1 We and our related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Website.
5.2 To the extent permitted by law, we expressly disclaims all warranties of any kind, whether express or implied.
6. Limitation and Disclaimer of Liability
6.1 To the full extent permitted by law, we will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:
(a) the use, copying, or display of the contents of the Website;
(b) goods or services supplied by us under these Terms; or
(c) a failure or omission on the our part to comply with its obligations under these Terms.
6.2 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.
You agree to indemnify and will keep Splosh (and its related bodies corporate, personnel, servants and agents) indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Splosh (or its related bodies corporate, personnel, servants and agents) in connection with your use of the Website, your breach of these Terms or your breach of any rights of third parties.
8.2 Through interaction with the Website, we will receive and store information that you provide or that is generated by your actions. For example, like many websites, we use "cookies" and other technologies, to collect information. This information is generally not linked to the identity of visitors, except where the Website is accessed via links in an email or another electronic message we have sent or where we are able to uniquely identify the device or user accessing the Website, such as when you are logged into an account.
8.3 We may use this information for purposes including but not limited to understanding and measure your online experiences, determine what products, promotions and services are likely to be of interest to you, and to provide you with relevant marketing materials when you visit third party websites.
8.4 You can generally set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, you can search for "cookie" in the "Help" (or similar) portion of your browser.
9.1 We control and operate the Website from our office within Australia. These Terms are governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland. If you choose to access this Website from another location, you are responsible for compliance with applicable local laws.
9.2 All prices are shown in Australian dollars (AUD) on splosh.com.au and in New Zealand Dollars (NZD) on splosh.co.nz unless you choose to change the currency displayed on the Website.
9.3 We are providing the Website on an 'as is' and ‘as available’ basis and use of it is at your own risk.
9.4 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
Buying products through our Website
10. Creating an Account
10.1 You do not need to register a user account to access and browse the Website. However, in order to use some parts of the Website, you may be required to register an account in the manner set out on the Website (each an “Account”). We reserve the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision by us is final and no correspondence will be entered into.
10.2 All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to make a purchase via the Website or otherwise where indicated. You must never use another person’s Account without their permission.
10.3 You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify us when you desire to cancel your Account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
10.4 We retain the right and absolute discretion to terminate your Account and/or access to the Website (or any element thereof) if it believes that you are abusing or tampering with the Website (or any element thereof) in any way, that you have breached these Terms, or that you have engaged in any unlawful conduct or other misconduct calculated to jeopardise the proper administration of the Website (or any element thereof). Our legal rights to recover damages or other compensation from such an offender are reserved.
10.5 The use of any automated software or any other mechanical or electronic means allowing users to create Accounts is prohibited. We reserve the right to suspend or terminate your Account if it believes you are engaging in such activity.
11. Warranty by You
11.1 You warrant that:
(a) all information and data provided by you to us through the Website or otherwise is current, correct and complete;
(b) if you purchase goods via the Website, the person receiving the goods at the delivery address is authorised by you to do so; and
(c) you have and will comply with all applicable laws relating to your use of the Website and your placement of any order with us via the Website.
12. Ordering Goods
12.1 You may purchase items offered for sale on the Website (“goods”), through our ordering system by selecting and placing your request to purchase goods from us in accordance with these Terms (“order”) and as directed on the Website.
12.2 Any order placed by you in the manner described in the Website is an offer by you to purchase a particular product or service for the price (including the delivery fee and other charges) specified on the Website at the time you place your order.
12.3 When you place an order, we will charge you and you agree to pay the purchase price and any applicable delivery fee. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. If the goods have been dispatched then you will need to return the goods in accordance with our returns policy detailed clauses 14 and 15 of these Terms. To cancel an order please contact us via our contact us page.
12.4 We reserve the right to alter the prices published on the Website at any time. Prices of products placed in the 'basket' but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this Website, we are not responsible for any error and reserve the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on the Website, or an error in your order. We may require additional verification or information before accepting any order.
12.5 If we reject your order, we will endeavour to notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for the products, you will receive a full refund.
12.6 You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the credit or debit card used to place your order and that your nominated credit or debit card will cover the full cost of the products. If your order is accepted by us, you authorise us to debit the amount that is payable for your order from your nominated payment method to pay for the purchase price of the products and any applicable fees and charges. If we are unable to successfully process your payment for your order, we may notify you of dishonour and cancel your order.
13. Product Price and Availability
13.1 All prices are inclusive of GST unless otherwise specified. Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products you have purchased. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
14. Delivery and Returns
14.1 You must pay a fee for the delivery of goods (“delivery fee”). For purchases made at splosh.com.au we charge a standard delivery fee for delivery within Australia at a flat rate of $10.00 for orders with a total purchase price under $100.00. Delivery within Australia for orders with a total purchase price over $100.00 is free of charge. A special delivery fee may apply for certain goods. We will notify you of any change to the delivery fee for your order and if you do not wish to continue with your order, you may cancel your order, and we will refund any payment made by you.
For purchases made at splosh.co.nz we charge a standard delivery fee for delivery within New Zealand at a flat rate of $15.00 for orders with a total purchase price under $150.00. Delivery within New Zealand for orders with a total purchase price over $150.00 is free of charge.
14.2 We may in our absolute discretion determine how goods are delivered to you. For deliveries within Australia, our preferred delivery method is Australia Post’s Parcel Post service. Your parcel should reach you within 3-7 business days. Deliveries to regional areas may take longer. If you have not received your parcel within 5 business days of dispatch, please check with your local Post Office as your parcel may be waiting for a signature to approve delivery. If your parcel is not with your local Post Office, please contact us via our contact us page.
For deliveries within New Zealand, we airship weekly from Australia every Friday with our preferred courier. Please note orders are only shipped on Fridays – orders must be placed after 10am on Thursday will be shipped the following week. Your parcel should reach you within 3-7 business days from the Friday it is shipped. Deliveries to regional areas may take longer. If you have not received your parcel within 7 business days of dispatch, please contact us via our contact us page.
14.3 We cannot guarantee that delivery will occur in the delivery time frame contained in these terms. We are not liable for any loss, damage, cost, expense or injury you or any third party suffers as a result of a delay in delivery.
14.4 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
14.5 Delivery of goods will take place at the delivery address specified by you in the order.
14.6 You may be required to sign for delivery. If there is no one available at the delivery address to accept delivery, or there is limited access to the delivery address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, a calling card may be left for you to collect the goods from your local Post office or our selected couriers depot. It is your responsibility to follow the instructions stated on the calling card. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay an additional delivery fee.
14.7 In the event that we have posted your item to the delivery address specified by you in the order and the item is returned as non -deliverable or not collected within the courier's specified timeframe, we will contact you to advise that your order has been returned to sender. We reserve the right to pass the additional cost for the parcel return, plus the cost of reshipping to you. If you decide to cancel your order, the costs of the parcel return plus the original cost of shipping will be deducted from any applicable refund.
14.8 Once delivered, you must inspect and test the goods and ensure the goods delivered match your order. You must let us know about any damaged, missing and incorrect goods as soon as possible by contacting us via our contact us page.
14.9 You must take care when handling and opening the order so as not to damage it, particularly when using any sharp instruments.
14.10 Insurance is not available.
14.11 For orders that require delivery to a destination outside of Australia, the delivery fee will be dependent on the total order value and the delivery destination. Orders shipped outside of Australia may incur GST, customs charges and duties once the order reaches its destination port and must be paid by you directly. We are not responsible for and will not reimburse you for any of these charge and duties.
15. Return Policy
15.1 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 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.
15.2 Your rights under the Australian Consumer Law are not impacted by our Terms or limited by a defined timeframe. However the Australian Consumer Law does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).
15.3 We would like you to be satisfied with every order you place. If you have received an item that you are not 100% happy with, please request a return by completing the
Credit Request Form
Credit Request Form
15.4 We may offer you a refund or exchange providing the merchandise:
(a) is returned in a reasonable time;
(b) is in saleable condition; and
(c) is unused with all original packaging and tags attached.
In most cases a reasonable amount of time is deemed to be 14 calendar days from the date the goods are delivered.
15.5 Where an item is damaged through misuse or abnormal use, Splosh will not provide a refund, exchange or repair.
15.6 Any items replaced under this Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge and we will arrange the collection of the merchandise or pay for the cost of returning the merchandise to us.
15.7 Refunds for all purchased will be given using your original payment method.
15.8 Splosh only accepts returns purchased from www.splosh.com.au on-line store. If you have purchased a Splosh product from another retailer, please contact that retailer directly.
15.9 "Change of mind" returns will be accepted in the provision the item is returned at your cost in a saleable condition, in its original packaging. It is recommended you package the item carefully as "change of mind" items damaged in transit returning to Splosh cannot be refunded.
15.10 If you have any questions or need help with your return, please contact us via our contact us page.
16. Title and risk
Title to the goods purchased from us via the Website does not pass from us to you until all money (including money owing in respect of other transactions) due and payable by you has been received by us in full. All risk in the goods passes to you upon delivery to your address.
These Terms terminate automatically if, for any reason, we cease to operate the Website. Your ability to use the Website and / or purchase goods from us may be terminated by us at any time without notice. All rights granted by you and limitations of our liability will survive termination.