This website is operated by Umbrella Fellas. Throughout the site, the terms “we”, “us” and “our” refer to Umbrella Fellas. Umbrella Fellas offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features goods or services which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
DEFINITIONS
Where the context permits:
Buyer means the person making an Order.
Conditions means these general conditions and any other condition agreed in writing by Umbrella Fellas and the Buyer.
Contract means the agreement formed by the offer constituted by the Order and the acceptance of the Order by Umbrella Fellas.
Contract Price means the price for Goods and/or Services specified in the Contract (including GST), including all matters that could reasonably be expected to be necessary to provide the Goods and/or Services.
Document includes invoice letter and email transmission.
Federal law means the laws of the Commonwealth of Australia.
Goods means the goods, equipment and other material agreed to be sold and purchased pursuant to the Contract and includes, but is not limited to, umbrellas and umbrella accessories.
Intellectual Property Right includes any patent, design, copyright, or right of any nature in respect of ideas, concepts, inventions, methods of manufacture or any process.
Order means the order by the Buyer
Service means to provide service by way of providing goods or services
Person includes body corporate and unincorporated association.
Quotation means a written quotation by Umbrella Fellas to sell Goods and/or to provide Services. All quotations assume unfettered site access, favourable sub-soil conditions and provision by the Buyer to Umbrella Fellas of all necessary site and utility service plans reasonably required by Umbrella Fellas prior to the provision of Services.
Services means any services, with respect to the installation of the Goods, agreed to be provided by Umbrella Fellas and paid for by the Buyer pursuant to the Contract.
State law means the law of Queensland and any other State or Territory of Australia which is applicable to the Contract. Umbrella Fellas means ABN 31077522591.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content/personal information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, services or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Goods or Services, use of the Goods or Services, or access to the Goods or Services or any contact on the website through which the Goods or Services is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATION TO THE GOODS, SERVICES AND PRICES
Prices for our goods are subject to change without notice.
We reserve the right at any time to modify or discontinue the Goods and Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Goods or Service.
GOODS OR SERVICES
Certain goods or services may be available exclusively online through the website. These goods or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our goods that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our goods or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any goods or services that we offer. All descriptions of goods or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any goods or product at any time. Any offer for any goods, product or service made on this site is void where prohibited.
We do not warrant that the quality of any goods, products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy on this website.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The goods and services constitutes the entire agreement and understanding between you and us and govern your use of the goods and service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes
BASIS OF AGREEMENT
No amendment, alteration, waiver or cancellation of any of these terms is binding on Umbrella Fellas unless confirmed by Umbrella Fellas in writing. The customer acknowledges that no employee or agent of Umbrella Fellas is authorised to make any representation, warranty or promise in relation to the goods sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by Umbrella Fellas.
Any written quotation provided by Umbrella Fellas to any of its customers concerning the supply of goods and services is:
(i) valid for thirty (30) days;
(ii) an invitation to treat only;
(iii) subject to the customer offering to enter into an agreement in accordance with these terms. Such agreement shall be deemed to be accepted by Umbrella Fellas when Umbrella Fellas confirms its acceptance of such offer in writing or by electronic means or delivers goods to the customer.
Umbrella Fellas has no obligation to accept any offer from any customer and may by notice in writing vary or amend these terms at any time, provided that such variation or amendment would only apply to offers accepted by the customer after the date of such notice of variation.
All prices quoted in the written quotation or verbally to the customer for the supply of goods include GST and other taxes and duties payable in respect of the goods unless stated otherwise.
PAYMENT
Unless Umbrella Fellas shall otherwise agree, payment for goods and services must be made in full prior to delivery of the goods or provision of any services.
Payment terms may be revoked or amended at the sole discretion of Umbrella Fellas by Umbrella Fellas giving written notice to the customer.
PASSING OF PROPERTY
(a) Until the full payment in cleared funds is received by Umbrella Fellas for all goods to be supplied by Umbrella Fellas to the customer as well as any other amount which may be owing to Umbrella Fellas by the customer:
(i) title and property in all goods remains vested in Umbrella Fellas and does not pass to the customer and in the event that goods have been delivered by Umbrella Fellas to the customer and no title to the said goods shall pass to the customer who shall hold the said goods as fiduciary bailee and agent for Umbrella Fellas;
(ii) Umbrella Fellas may without notice enter any premises where it suspects any such goods may be and remove them, not withstanding that they have been attached to other goods, not the property of Umbrella Fellas and the customer irrevocably licences Umbrella Fellas to enter such premises without liability for trespass or any resulting damage and indemnifies Umbrella Fellas against all claims, actions, suits and demands brought by any party arising out of such action;
(iii) Subject to, and in accordance with the Personal Property Securities Act 2009, to keep or resell any Goods repossessed pursuant to paragraph (ii) above.
(b) if the goods are resold, or products manufactured using the goods are sold, by the customer, the customer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of Umbrella Fellas upon request. Notwithstanding the provisions above Umbrella Fellas shall be entitled to maintain an action against the customer for the purchase price and the risk of the goods shall pass to the customer upon delivery.
RISK AND INSURANCE
Any risk in the goods and any responsibility to cover the goods by insurance in respect of theft, damage or otherwise passes to the customer upon the goods being dispatched to the customer or collection of the goods by the customer, the customer’s agent or courier as the case may be.
ACKNOWLEDGEMENTS BY THE CUSTOMER
The customer acknowledges that:
(i) it has not relied on any advice, recommendation, information or assistance provided Umbrella Fellas or any employee or agent of Umbrella Fellas in relation to the sale of goods and/or services or the use or application of such goods or services;
ii) the customer has the sole responsibility to satisfy itself that the goods or services are suitable for the use of the customer or any contemplated use by the customer whether or not such use is known to Umbrella Fellas; and
(iii) any description of goods provided in a quotation or notice is given by way of identification only and the use of such description does not constitute a contract of sale by description;
(iv) the customer must provide to Umbrella Fellas particulars of its Australian business number, its order number and the quantity and model number, its delivery address and insurance details when Umbrella Fellas requests it.
(v) once a deposit has been paid, goods may be held for a maximum of 8 weeks only from date of order at the Umbrella Fellas Warehouse. Should any order(s) be required to be held longer by Umbrella Fellas, a 5% charge will be incurred based on the purchase price of the order per week until the goods are ready to be picked up or dispatched.
DELIVERY
Umbrella Fellas shall provide to the customer the estimated dates of delivery and will use its best endeavours to maintain such estimates, but shall not be liable to the customer in the event that such estimates cannot be maintained.
The obligations of Umbrella Fellas as to delivery shall extend to the delivery of goods to the kerbside or street level only. In the event that there are additional delivery requirements the customer shall notify Umbrella Fellas at a reasonable time prior to any such delivery and any additional costs thereby incurred shall be to the customer’s expense.
INSPECTION AND RETURN OF GOODS
Unless the customer has inspected the goods and given written notice to Umbrella Fellas within two (2) business days of delivery that the goods do not comply with the relevant specifications or descriptions, the goods shall be deemed to have been accepted in good order and condition and no claim for credit, non-delivery or repair of goods shall be accepted unless notification is made within two (2) days in writing to Umbrella Fellas.
In the event that Umbrella Fellas otherwise accepts the return of goods for credit, such credit will endure for a maximum of twelve (12) months from the date of first sale to the customer of the returned goods and any such return will be liable to a re-stocking fee being not less than 25% of the invoice value of the goods.
In the event that Umbrella Fellas accepts the return of goods for credit, the customer remains liable for arranging the returning of goods for credit and liable for the costs of returning the goods to Umbrella Fellas.
Nothing in these terms shall oblige Umbrella Fellas to accept returns of goods for credit if such goods were damaged during their assembly or installation and nothing shall oblige Umbrella Fellas to pay any of the costs of assembly or installation or make it responsible for any losses arising from defective assembly or installation.
(a) Nothing in these terms shall oblige Umbrella Fellas to accept the return of custom made goods or goods manufactured to the customers agreed specifications. The customer acknowledges that they shall hold Umbrella Fellas harmless from any claims for losses, damages, law suits and claims of whatsoever arising from the delivery of customized goods to the customers specifications.
(b) The customer shall not be entitled to any refund for moneys paid in relation to the manufacture, cancellation or return of customized goods.
CANCELLATION OF ORDERS
No order may be cancelled, modified or deferred without the prior written consent of Umbrella Fellas and if Umbrella Fellas shall consent to any cancellation, modification or deferral the customer shall reimburse it for all losses including loss of profits and shall be liable to pay a cancellation and re-stocking fee being not less than 25% of the invoice value of the goods.
THE LIMITATION OF LIABILITY OF UMBRELLA FELLAS
(a) Subject to paragraph (b) and to the extent permitted by the Australian Consumer Law and relevant state legislation, the sole obligation of Umbrella Fellas under this agreement is to use its best endeavours to provide the products or to repair the products or repair or replace (at Umbrella Fellas discretion) any part of a product which is found to be defective during the [period of warranty] and in no event shall Umbrella Fellas be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
(b) If any products supplied pursuant to this agreement are supplied to the customer as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of relevant state legislation Umbrella Fellas limits its liability to payment of an amount equal to the lowest of:
(i) the cost of replacing the goods or supplying equivalent goods;
(ii) the cost of repair of the goods;
(iii) the cost of having the goods repaired or replaced.
(c) Subject to paragraph (b) Umbrella Fellas is not liable for default or failure in performance of its obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of Umbrella Fellas.
(d) Subject to paragraph (b), Umbrella Fellas is not responsible for any loss caused by an error or defect in the products or errors or faults caused by [description of components or consumable likely to cause failure of product] supplied by any person.
WARRANTIES
Subject to these terms:
i) Umbrella Fellas at its discretion may repair or replace any goods to remedy any failure due to faulty workmanship or materials, provided that such goods may have acceptable variance (as determined by Umbrella Fellas).
(ii) The customer acknowledges that any warranty given in respect of plant and equipment is the warranty of the manufacturer of the goods and that Umbrella Fellas is not responsible for such warranties and gives no warranty of its own in respect of the said goods;
(iii) Umbrella Fellas, or its representatives, being given access to the goods for the purpose of inspection and rectification of any claim;
(iv) the customer not having repaired or undertaken to repair the goods without the prior authorisation of Umbrella Fellas nor altering the goods in any way;
(v) the customer having used and maintained the goods in accordance with the manufacturer’s recommendations, their failure not being the result of incorrect or poor maintenance by the customer;
(vi) the customer acknowledging that it has not relied upon any advice given by Umbrella Fellas, its agents, servants, representatives or employees in relation to the suitability for any purposes of the goods
MISCELLANEOUS
This agreement shall be construed in accordance with the laws of the Queensland and the parties agree to the non-exclusive jurisdiction of the Courts of the State of Queensland and of Courts entitled to hear appeals from these Courts.
Failure by Umbrella Fellas to enforce any of these terms shall not be construed as a waiver of any of Umbrella Fellas rights.
If any of the terms of this agreement shall be unenforceable such terms shall be read down so as to make it enforceable or if it cannot be read down the condition shall be severed from these terms without affecting the enforceability of the remaining terms and conditions.
Any notices given by either party to this agreement may be delivered personally or sent by pre-paid mail to the last known address of the addressee and shall be deemed to be received upon posting or receipt of email.
WAIVER AND ASSIGNMENT
No failure by Umbrella Fellas to insist on strict performance of any of any terms in these terms is a waiver of any right or remedy which Umbrella Fellas may have and is not a waiver of any subsequent breach or default by the customer.
Neither the agreement nor any rights arising under the agreement may be assigned by the customer without the prior written consent of Umbrella Fellas which it may give or refuse at its absolute discretion.
