Terms & Conditions

TERMS

Welcome to Helmet2Shade. When you access, view, or interact with this Website (Website), you agree to these Website Terms and Conditions (Terms). If you purchase a Helmet2Shade product (Product) from our online store, you also agree to our Online Store Terms and Conditions (Store Terms) that are set out below.

If you do not agree to the Terms, you must immediately cease accessing this Website.

In these Terms and Store Terms (together, H2S Terms), ‘we’, ‘us’, or ‘our’ refers to Helmet2Shade ABN 44 864 933 429. When we refer to ‘you’ or ‘your’, we are referring to you, the Website visitor and/or purchaser of a Product.

We may change the Terms, Store Terms and the Website at any time. If you register as a user of our online store (User) by creating a User account (User Account), we will provide you with reasonable notice of changes by email.

If you breach the H2S Terms, we may block your access to the Website or your email account, cancel your Product Order, cancel your User Account, or take any other steps that we determine are reasonable.

Website Information

In respect of Information on the Website (Information), to the extent that it is permissible under the laws of Australia:

• we do not warrant the accuracy or completeness of the Information; and
• you are responsible for verifying the accuracy and completeness of the Information and agree not to rely on the Information.

The Website may contain links to third-party websites (Third-Party Sites), which:

• you accept all risk and liability of when you visit, including risk in connection with malicious activity, such as trojans, worms, viruses, malware, ransomware, key loggers; and
• we do not endorse nor warrant the accuracy or completeness of the content appearing on, or communicated by, Third-Party Sites.

Your Privacy Rights

We take your privacy seriously and only hold, use, and disclose personal information in accordance with our Privacy Policy, which you accept when visiting, accessing or using this website, become a User or create a User Account, and when purchasing a Product.

Intellectual Property

Our Helmet2Shade shade visor Product is a registered design (No. 202115980), the intellectual property of which, is protected under the Design Act 2003 (Cth).  The word, Helmet2Shade and the Helmet2Shade logo are trade marks of Helmet2Shade.

There is no assignment of your or our intellectual property rights under these H2S Terms. Therefore, your and our ownership rights in intellectual property are unaffected by these H2S Terms.

Acceptable Use

This Website may only be used for its intended purposes, which includes providing you access to Information in relation to Helmet2Shade and its Products, communicating with us, and purchasing Products (Acceptable Use).

You must not use this Website to facilitate, install, transmit, distribute, or store any malicious scripts, viruses, trojans, worms, keystroke loggers, malware, ransomware, or use malicious or harmful software programs. Further, you must not engage in any unlawful activity when using, accessing, or purchasing from the Website or engage in activity that causes any Loss or harm whatsoever.

When communicating with us, you agree not to be hateful, racist, demeaning, offensive, discriminatory, or take part in any activity that causes prejudice to any person.  Content scrapers, bots or automated scripts that scrape, extract, harvest or collect any data or Information from the Website are strictly prohibited. 

You must not use this Website, domain name, email addresses, or our trade marks in connection with any marketing activities. Nor permit, direct, suggest or assist anyone else to perform such acts.

STORE TERMS

If you purchase a Product, you agree to the following Store Terms in addition to the Terms, once you check the checkbox on the cart checkout page of our Website.

Pricing

All Product prices advertised are in United States dollars (USD) and you agree to pay in that currency. Our Product prices are subject to change without notice to you. If a Product’s price changes after your order is confirmed, the price of your order will not change.

You are responsible for paying all duties and taxes imposed by the country to which you have chosen the Products to be delivered. 

Product Orders

When completing an order of one or more Products through our Website (Product Order), you make an offer to purchase those Products. Therefore, your Product Order confirmation, including your receipt of an invoice for a Product Order (Invoice), does not constitute our acceptance of that Product Order.

We reserve the right to reject a Product Order for any reason. If we accept your Product Order, we will deliver the Product(s) in the Product Order to you. If we do not accept your Product Order, we will inform you as soon as practicable and refund the total value of the Product Order, including any amounts you paid to us for tax and shipping.

You may create a User Account on our Website, including when you place a Product Order. Alternatively, you may place a Product Order as a ‘Guest’ without creating a User Account.

You are responsible for entering the correct Information when placing a Product Order and/or creating an account. If your error or omission causes you not to receive your Product Order, you agree that you are solely responsible and will not hold us liable for such error or omission.

If you create a User Account, you agree to enter and maintain accurate Information within the User Account Area. To close a User Account, please get in touch with us for assistance.

Identity Verification

We reserve the right to verify the identity of those who place Product Orders in certain circumstances. For example, if we notice inconsistent details or suspicious activity or otherwise for fraud prevention purposes.

If we require you to confirm your identity and you do not assist us within a reasonable time, you agree that we have the right to reject your Product Order. If that happens, we will refund the total amount of the Product Order to the payment method used.

Shipping & Delivery

Depending on the type of postage you choose, you may or may not be required to provide a signature for acceptance. Our third-party delivery service providers may leave Products you have ordered in your Product Order in a convenient place at the delivery address if nobody is available at the delivery address.

You accept liability for any Loss you suffer in connection with your Product Order once we dispatch it from our premises. We are not liable for Product Orders lost in transit. However, we will take reasonable steps to assist you if your delivery is lost.

Helmet2Shade ships Products via Sendle and delivery times are communicated via Sendle’s API integration to our online store. Therefore, you accept that we are not responsible for deliveries that arrive after the date provided by Sendle or any other carrier, which we reserve the right to use from time to time. 

Returns, Refunds, Exchanges & Warranty

If you receive a damaged or faulty Product, you will, our direction:

• take a digital photo of that Product and email it to us; and/or

• return the faulty Product to us by regular postage.

If we reasonably determine that a Product is damaged or faulty and we are at fault, we will pay for the return Postage, and you have the option to request a refund or replacement of that Product. If you choose a replacement, we will also pay for the postage to return it to you.

You further agree to read the terms and conditions of Sendle, Australia Post and any other delivery service we may use from time to time, and not place a Product Order if you do not agree with their postage terms and conditions.

Product Order Cancellations

You may request to cancel your Product Order, or part of a Product Order, by contacting us at any time before we dispatch the Product(s) and issue you a full refund for the relevant Product(s).  However, if we have already dispatched the Products before you request cancellation of a Product Order, you are not entitled to a refund.

H2S Gift Cards

H2S Gift Cards are valid for three (3) years from the date of purchase, after which they expire and are no longer valid.  To use a H2S Gift Card, enter the voucher number that appears on the card on the checkout page. Please get in touch with us if you require assistance placing a Product Order with a H2S Gift Card.

H2S Gift Cards cannot be redeemed for cash and cannot be used to purchase other H2S Gift Cards.

DISPUTES, LIABILITY & INDEMNITY

This section is applicable for all H2S Terms.

In this section, Loss means any loss; including Consequential Loss, economic loss, damage, injury (including death, disfigurement, incapacity), claim or legal proceeding, regardless of who was at fault, and whether based in contract, tort (including negligence), strict liability or any other law, expense, outlay, costs; including legal costs on an indemnity basis that is suffered directly or indirectly and regardless of whether the Loss was in the contemplation of the parties at any time, and Consequential Loss means any loss or damage that arises out of, or flows from, a Loss, including loss of use, mobility, capacity, income, profit, opportunity, savings, data, reputation, business operation, costs, savings, reputation, or goodwill.

Disputes

In the unlikely event of a dispute, before filing a proceeding in a court or tribunal, the parties agree to negotiate in good faith to reach a reasonable resolution within 14 days.

If the parties cannot resolve the dispute following good faith negotiations, the parties agree to participate in mediation within 30 days following the above-mentioned 14-day period. The party raising the dispute must pay the entire cost of the mediator and the mediation room hire (if a separate fee). Each party will be responsible for paying the related expenses of mediation, including travel, food, and accommodation. The parties must cooperate to agree on selecting a mediator. If the parties cannot agree on a mediator, the disputing party must request the Queensland Law Society appoint one – that appointment is final. The seat of the mediation will be Southport in Queensland, Australia.

Liability

You agree, to the maximum extent permitted by law, under no circumstances will Helmet2Shade, its directors, officers, employees, agents, contractors, or suppliers & service providers be held liable for any Loss that you suffer in connection the H2S Terms, including Loss that that arises in connection with your:

• use of the Website – including data theft, fraud or other illegal activity where we are not at fault;
• reliance or use of the Information;
• purchase or use of any Product; and/or
• access or use of Third-Party Sites or Third-Party Services.

You agree that regardless of the circumstances of any Loss that you suffer or incur, and irrespective of who was at fault (including any third party), our liability to you in connection with the H2S Terms is strictly limited to the total value of your relevant Product Order.

Indemnity

To the maximum extent permitted by law, you agree to indemnify Helmet2Shade and its directors, employees, agents, contractors, licensors, partners and affiliates from and against all Loss that we suffer arising out of, or in connection with:

• your use, application, or modification of any Product;
• your use or access to this Website, including the Information or communication with us; or
• your negligence or misconduct, breach of these H2S Terms, or violation of any law or person’s rights.

GENERAL

Interpretation

You agree that the following rules of interpretation will apply to these H2S Terms:

• reference to a party, maybe a reference to you or us, depending on the context of that clause;
• we may refer to you and Helmet2Shade, collectively, as the ‘parties’;
• headings are for reference only and do not affect the meaning of any provision;
• the H2S Terms must not be construed against Helmet2Shade because we prepared them;
• a reference to the singular includes the plural and vice-versa;
• these H2S Terms constitute the entire agreement between the parties. It supersedes all prior agreements, proposals, negotiations, quotes, representations or communications between the parties.
• the words “includes”, “including”, “for example”, or similar expressions are used without limitation.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these H2S Terms without Helmet2Shade’s prior written consent.

Helmet2Shade may assign its rights or novate its rights and obligations under these H2S Terms at any time without notice to you, provided that it is reasonable to do so.  For example, if there is a change in ownership, control, or structure of Helmet2Shade.

Severability

If any clause or parts of any clause of the H2S Terms is held to be illegal, invalid, or unenforceable, those clauses or parts of clauses may be removed, and the remaining clauses or parts of clauses will remain in full force and effect.

Governing Law and Jurisdiction

The parties agree that the H2S Terms are governed and to be interpreted pursuant to the laws of Queensland and the parties irrevocably submit to the non-exclusive jurisdiction of the courts and tribunals of that State.