Terms & Conditions
Terms & Conditions
1. About this Website
Welcome to the Arova website www.arova.com.au (“Arova”, the “Website”, “us”, “we”) which is owned and operated by Ozjay Pty Ltd (ABN 78 159 036 265) trading as Arova.
- Shipping and Delivery – timeframe for handling and delivery of your order
- Money Back Guarantee – shop with confidence knowing when and how you can make a return a get a refund
- Free Freight Protection – we offer free replacements for damage and loss in transit
- Faults and Warranty – your rights and our obligations on product defects
2. Guests and Registered Members
- You may access and/or use Arova website as a guest or as a registered member.
- You must not use another member’s account without permission.
- As a member, you must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
- You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
- By submitting an order or purchase on this website, you acknowledge that you:
- are over the age of eighteen (18) years;
- accept these terms and associated policies;
- agree that you have entered into a legal contract with Arova in relation to these terms; and
- these terms, together with your order, constitute the entire agreement between you and Arova for the supply of products.
- Arova reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Arova suffers as a result of a transaction entered into by a minor.
3. Website Information
- We intend for the information on the Website to only serve as a general overview on matters of interest. The information on the Website is not intended to be comprehensive, nor does it constitute professional advice in any way. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and accuracy. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
- Images, photos and videos on this website are for illustrative purposes only and may vary from goods depicted or described.
- International visitors to this website should not rely on information contained in this website, including without limitation specifications or pricing. International orders are unable to be accepted.
4. Website Content
- Arova may, at any time without prior notice to you, add or remove content from this website, discontinue this website in whole or part. Arova will not be responsible for any loss, cost, damage or liability that may result from our discontinuance of this website.
- Arova uses its best endeavours to confirm the accuracy of any information published on this website. However, Arova does not guarantee the currency and accuracy and you agree that Arova cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Arova or by manufacturers or suppliers changing product specifications without notice Arova. You agree to make your own enquiries and see advice before acting or relying on any of the information on the website.
- The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
- Arova nor any third party content providers will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Arova liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
- Arova may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Arova does not accept any responsibility in connection with your participation in activities conducted by any other party.
5. Your Use of the Website
- You agree to use this website only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.
- You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- Arova may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
- Arova may in its sole discretion restrict your access to this website. If Arova does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Arova will not be liable to you or any third party for doing so.
- The use of the website is subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.
- Arova may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, Arova may withdraw this website, or change or remove website functionality at any time without notice to you.
- You are prohibited to, but not limited to the following conduct:
- use the Website for any activities, sales or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- use the Website to send unsolicited email messages;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
6. Intellectual Property
- The “Arova” logos are registered trade mark of Ozjay Pty Ltd.
- The material on the Website, including the software, graphics, logos, trademarks, distinctive brand features, design, text, icons, images and the arrangement of them, sound recordings and all software relating to this website, are owned by Arova, or income cases, , a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws.
- Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks, logos, graphics, texts, images whether registered or unregistered, that are displayed on the Website without the express written permission of the Arova or the relevant copyright owner.
- Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Arova makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
- You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and related legislations, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Arova or, in the case of third party material, from the owner of the copyright in that material.
- You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
- Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
8. Use of Your Information and Material
- Arova appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website.
- Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Arova. Arova may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
9. Links to other websites
- Arova reserves the right to prevent third parties from linking to this website.
- Arova makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
- Arova does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Arova disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
- The use of the information on this website is at your own risk. To the extent permitted by law, Arova excludes all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Arova limits our liability to the re-supply of the relevant information or services.
- You agree to indemnify Arova and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
- These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice.
- Your continued use of this website following such amendment of these Terms will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.
- Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
12. Governing Laws and Jurisdiction
- These Terms are governed by and construed in accordance with the laws of the State pf Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
- If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
- If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Arova makes no representations that the content of this website complies with the laws of any country outside Australia.
Terms of Sale
1. User Agreement
- You and Arova may enter into a sale contract for the sale and supply of products, by you making an offer to Arova via the website, to purchase goods at the specified price, subject to these Terms.
- By accessing and/or using Arova website, you acknowledge that you accept these terms and associated policies and agree to be bound by them and an agreement is formed between Arova and you.
- Arova reserves the right to amend the terms and conditions at any time without prior notice and your continued use of Arova website following such as amendment of these terms and conditions will represent an agreement by you to be bound by the terms and conditions as amended. Arova recommends you review the terms and conditions for amendments each time you use Arova website and before placing any order.
- In these Terms and Conditions:
- “seller” means OZJAY PTY LTD traded as Arova.
- “you”, “user”, “member” and “guest” means anyone who visits and/or uses this website.
- A reference to a “third party” in this terms and conditions includes a reference to an agent or contractor and any person engaged by Arova, in the creation, provision or maintenance of Arova website or in the fulfillment of orders made through the website.
- “orders” means an offer made by you in response to an invitation to treat made by Arova via the website.
- Prices quoted are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change without notice.
- Each advertised saving in respect of a product is by reference to the lower of the recommended retail price or the normal ticketed price of Arova.
- Unless otherwise stated, any accessories shown in any image of products are not included in the price.
- Arova reserves the right to vary or withdraw the prices displayed on the website from time to time without prior notice to you.
- Arova reserves the right to correct any errors in price published on the website.
- Unless otherwise agree with an authorised representative of Arova, the purchase orders must be submitted via the website (not via email or telephone). If orders are placed by a method other than the website, you will be sent the summary of the purchase order to the email you advise. You will be responsible for any inaccuracies or errors in the order. Therefore, we recommend you carefully review the communications and preview any proposed orders before proceeding with your order.
- Representations of products for sale made by Arova via the website do not constitute an offer to sell but an invitation to treat, to which you may respond with an offer to purchase.
- You and Arova may enter into a contract for sale and supply of products by you making an offer via Arova website to purchase at the price advertised on the website by:
- Placing an electronic order for the products using the website;
- You confirming the order details in accordance with the procedure on the Arova website;
- You making a payment in full on the website plus any applicable delivery and handing charges quoted & invoiced; and
- The acceptance of that offer by Arova
- Arova may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in advertised price for, or description of, the products on the website, or an error in your order.
- If your order is not accepted by Arova, Arova will notify you by telephone or email and arrange a full refund of any payment made by you to be processed.
- Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Arova cannot supply a particular product, Arova will notify you by telephone or email as soon as practicable.
- Arova is deemed to have accepted your order when your order is delivered to your specified delivery address.
- Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.
- All payment must be made in full prior to delivery.
- Arova accepts Bank Transfer, Direct Bank Deposit, Credit Card Payment over the phone, PayPal secure payment gateway. For a bank transfer, please allow up to 3 business days for the funds to clear.
- You must follow payment instructions on the checkout page. Arova is not liable for any unidentifiable payments and consequential delay in delivery.
- Payments made via the PayPal secure payment gateway facilities accessible via the website will be subject to any terms and conditions of PayPal.
- Online payments are handled by PayPal. Arova does not store your credit or banking details. Please check PayPal website for details of their privacy policies and security measures.
- To the extent permitted by law, Arova will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
5. Supply and Delivery
- Some products may not be available for immediate delivery.
- Unless otherwise stated in the product information on the website, Arova only typically process orders on weekdays (Monday to Friday excluding public holidays in Victoria) and typically ship your order by the next business day following your order being finalised. Arova reserves the right to hold the shipping of your order if we wish to seek further information from or verify information with you.
- Arova will endeavour to dispatch your order in 1 business day (business days in VIC), except if the order is for a pre-ordered item. However Arova does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
- Delivery may be made via Aus Post or another courier service at our choice. Arova has sole and absolute discretion of the carriers we use. If a special arrangement or courier is requested, an extra charge will be included.
- For delivery times, please refer to our Shipping Policy.
- The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO boxes.
- If you have any difficulties for the delivery, you must advise at the time you place your order on the website or later but prior to your order being dispatched. Arova will make a special delivery arrangement at extra cost. If you do not state the situation and result in a redelivery or return, you will be liable for any redelivery and/ or return charges.
- For large and bulky items, you will be required to be available in person to accept the delivery of your order.
- Any and all delivery insurance will be voided if the delivery address is not valid, is a PO box, parcel locker or a third party location, or if you provide authority for products to be delivered without a signature.
- An item is deemed to be delivered to the intended recipient if the carrier provides evidence of a signature on delivery. Arova provides freight protections to all customers to give you extra piece of mind should your order damaged or lost in transit. Ensure you understand the terms and conditions of the Free Freight Protection Policy.
- In the event that a product is missing from an order, please contact us at firstname.lastname@example.org with the order number and the product code or product name of the product you ordered, and we will make the appropriate investigations.
6. Title and Risk
- The risk in the products, such as loss and damage shall pass to you at the point of delivery. This shall apply to any partial delivery of goods.
7. Return to Sender
- If an item(s) is not delivered and returned to Arova the item(s) remain your property.
- If an order sent to you is returned to Arova (Return to Sender) as it was deemed undeliverable after a period of time by the nominated courier, then we will determine if there was an error, action or inaction by us or by you that caused the return. If the error, action or inaction was caused by us then we will correct the issue and promptly resend the order at our cost. However, if the Return to Sender is due to an error, action, or inaction on your part, including providing an incorrect or incomplete delivery address, not providing a Company Name for a business address, providing a business name for residential address, refusing delivery, or not being available to take delivery (the carrier normally allows up to 2 weeks to re-attempt delivery before actioning a Return to Sender), then we reserve the right to pass on the additional charges we incur for the Return to Sender freight, and the freight to resend the item(s) to you.
8. Force Majeure
- Arova will not be liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
9. Governing Laws and Jurisdiction
- These terms will be governed by and interpreted in accordance with the laws in State of Victoria, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
- If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Arova makes no representations that the content of the website complies with the laws of any country outside Australia.
Arova Terms and Conditions v1.2 May 2017