Please find below the Terms and Conditions which govern the manner in which EIGHTBALL APP website is to be used and the specific obligations that you, the user, must accept prior to using the website. If you do not agree to these Terms and Conditions, you should immediately exit the website. Continuance of using the website will be evidence of your acceptance of these Terms and Conditions. EIGHTBALL APP reserves the right at any stage to update these Terms and Conditions and post the updates here without notice to you.
Privacy
The Privacy Policy forms part of these Terms and Conditions.
Trademarks
EIGHTBALL APP is a registered trademark and may not be used, in any way, or for any purpose without the prior written permission of EIGHTBALL APP. Use of this trademark without written permission could result in criminal or civil penalties.
Copyright
This website, its design, and all content included on the website, such as images, graphics, logos and software is the exclusive property of EIGHTBALL APP or its content suppliers, and is protected by Australian and international copyright laws. The site may contain, from time to time, material that is the copyright of a third party. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, downloaded, reproduced or altered in any form or by any means without prior written permission from EIGHTBALL APP. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Applicable Law
The laws of Australia shall govern the Terms and Conditions. Any dispute under these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of Australia and by using this website, you hereby submit to that jurisdiction.
Using the Website
Anyone who posts material on our website, or links our website to theirs, will indemnify EIGHTBALL APP for any loss or damage resulting from defamation or infringement of copyright action as a result of their posted material or link.
We maintain authority to use and remove any material posted on our website as we see fit without obtaining permission.
We accept no responsibility for the content of any third-party sites that we may link to or may be linked to us. These third-party sites are governed by their own Terms and Conditions and Privacy Policies and the existence of those links is not to be construed as endorsement of those third-party sites by EIGHTBALL APP.
You are not to submit content via the website that could be construed to be rude, defamatory, abusive, slanderous, harassing or sexually or racially offensive or which infringes the privacy of another or which EIGHTBALL APP determines, in its sole and absolute discretion, to be unacceptable.
You agree not to use the website to load up any virus, Trojan horses or do anything that is likely to harm this website, or to cause harm to EIGHTBALL APP systems or to the system of any person who accesses the website.
Terms for Online purchases
These terms cannot be varied by any person unless there has been a prior written agreement. You must agree to these Terms and Conditions before any transaction is able to proceed.
Persons under the age of eighteen (18) years require the consent of their parents or legal guardian/s before ordering from this website.
Any order placed by you in the manner described on this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on this website at the time you place your order.
EIGHTBALL APP reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. The rejection of any offer by EIGHTBALL APP is at the sole discretion of EIGHTBALL APP.
Your contract with EIGHTBALL APP only comes into existence when we forward confirmation of receipt of your order and payment to you.
Shipping
Our products are shipped once payment has been received and the items are in stock. Even though we make every effort to keep a sufficient level of stock occasionally we do sell out of product. If product is out of stock at the time of purchase, we will endeavour to restock it within a reasonable time frame.
Shipping and handling charges are dependent on where you live and the weight of the items you purchase.
Subject to payment, property and risk in the goods passes to the customer upon delivery of the goods to the customers nominated address. EIGHTBALL APP will not accept any liability or responsibility for any loss or damage of goods that occur during delivery.
The customer will be able to see the shipping costs at the checkout stage, before finalising payment for the order.
The customer must ensure the correct delivery address is entered during the ordering process. The goods must be signed for by you for delivery. If a signature is unable to be obtained a card will be left behind informing the customer on how to collect the delivery. Parcels will be held by the delivery service for their maximum held time. Should the customer not respond to the card left behind and the delivery is returned to EIGHTBALL APP as unclaimed, the customer will incur further delivery charges. Freight charges for the original delivery are not refundable. EIGHTBALL APP will accept no responsibility or liability for the incorrect inputting of address details by customers whilst ordering.
EIGHTBALL APP will not be liable to the customer or anyone else for any losses suffered or incurred due to delay in delivery.
Australia
All parcels are sent Australia Post using registered post, your signature and suitable identification will be required upon delivery.
Delivery will take up to 3 – 10 working days from receipt of payment depending on where you live. Be aware that this is just an estimate though and factors such as Public holidays and busy periods can affect delivery and that any delays in the postal service is out of our control.
Delivery costs are calculated by weight.
International
All parcels are sent Australia Post using registered post, your signature and suitable identification will be required upon delivery.
Delivery will take up to 28 working days from receipt of payment depending on which Country you live in. Be aware that during busy periods throughout the year delivery make take longer and any delays in the postal service are out of our control.
Delivery costs are calculated by weight.
Pricing
All prices are subject to change without notice. Online prices may vary from prices available elsewhere. All prices, products and offers include GST at the rate of 10%. You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body in your Country, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from this website.
Item Availability
Unforeseen supply problems or unexpected demand may occasionally result in stock being unavailable, however all items are promoted as being available at the time of display. Although we make every effort to keep sufficient stock of items listed on our site, occasionally we do sell out of certain products and sizes. If we are out of stock on an item you have ordered, we will notify you via e-mail. Where there is to be a significant delay in dispatch of your products (due to availability) EIGHTBALL APP will contact you via e-mail and give you the chance to modify your order.
Payment
Payments will be accepted via PayPal and from Credit Cards processed through our third-party payment gateway Eway. We accept no liability from any actions on their behalf and only authorise them to process your payments as required. Payment will be in Australian dollar amounts only.
Returns
EIGHTBALL APP takes pride in the quality of its products and implements stringent quality control checks. If for any reason you are unhappy with your purchase from EIGHTBALL APP we will happily exchange it for you. EIGHTBALL APP does not offer any refunds.
If an item is defective, we will happily replace it for you. All claims must be lodge within 14 days of receiving the product. Goods for exchange must be returned in as new condition without having been washed.
If you would like to proceed with an exchange or replacement please email us at support@eightball.app after which a customer representative will organise for the exchange or replacement to take place.
Please be aware a postage charge may apply to an exchange or refund.
Indemnity
You agree to indemnify EIGHTBALL APP against any or all liabilities, damage, loss or claims where such loss or liability arose out of or in connection with a breach of this Agreement by you, or the publication or distribution of material or information supplied to the website by you, or any complaints or charges made by other parties against you.
You also agree that access to, and use of this website, is at your own risk.
EIGHTBALL APP reserves its right to discontinue its website, whether temporarily or permanently and/or any of the facilities available on its website, to you, without notice.
Feedback
We welcome any feedback or suggestions you may have for EIGHTBALL APP.
Please contact us at either of the following:
E-mail: support@eightball.app