Australia & New Zealand 
GENERAL TERMS AND CONDITIONS
POP Fender Australia and New Zealand
1. General / scope
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively to the business relationship between Pop Fender Australia & New Zealand (hereinafter referred to as “POP Fender” or “we”) and you (hereinafter referred to as “Customer”). They are binding for all orders of goods via the website provided by us at www.popfender.com.au (“Website”).
1.2. POP Fender Australia & New Zealand T/as ORYX Pty LTD is registered in Australia. ACN 675 046 812 ABN 70675046812
1.3. We are entitled to amend these General Terms and Conditions in accordance with Section 14.
1.4. By clicking on the checkbox in the shopping cart before submitting the order “I have read and accepted the terms and Conditions,” the customer agrees with these General Terms and Conditions and bound to them.
2. Ordering process / Conclusion of contract
2.1. The presentation of our products in the webshop are not a binding offer of POP Fender. This is simply an invitation to the customer to order goods from POP Fender.
2.2. By submitting the order by clicking on the button “Order subject to payment”, you make a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
2.3. After receiving your order from us, we will send you an e-mail confirming receipt of your payment/order and in which the details of your order are listed (order confirmation). Please note that this order confirmation does not constitute a contract acceptance by us, but only serves to inform you that your order has been received.
2.4. The purchase contract between you and POP Fender Australia & New Zealand is concluded once we send the ordered products to you. All offers on our website are subject to change, non-binding and only available while stocks last.
2.5. We are not obliged to accept purchase offers from the customer and may refuse to accept at any time without giving reasons. In this case, we will inform the customer immediately about the non-acceptance of the offer by e-mail. Payments already made by the customer will be fully refunded.
2.6. The essential features of the products we offer, and the validity period of limited offers can be found in the individual product descriptions within the scope of our website. If the price quotation on the website is inaccurate, we will inform the customer immediately by e-mail and not carry out the purchase. If the customer has already paid the purchase price, we will refund the amount in full.
2.7. Goods are only sold in household quantities. The availability of certain products may be limited.
3. Prices and shipping costs
3.1. The prices shown by POP Fender will include GST for Australian deliveries at the checkout stage in our web shop. Australian GST will not be charged for goods ordered and shipped to New Zealand. For goods shipped to New Zealand the customer will be responsible to pay local taxes and duties to have goods cleared by New Zealand customs.
3.2. As a rule, shipping costs are also charged for the customer per order. The amount of shipping costs depends on the delivery address, weight and the order quantity, this will be combined calculated exactly during the ordering process.
3.3. The final price including shipping costs will be indicated for each order for Australian orders only. All orders to New Zealand will have shipping calculated and added at the checkout stage in our web shop.
3.4. Shipping costs will be charged depending on the delivery country, postal address, and order quantity. The amount of this will be calculated exactly during the ordering process.
3.5. Please note that customs duty and tax charges will apply for all POP Fender products shipped to New Zealand. These fees are not included in our total shipping costs. POP Fender products ordered will be shipped but not cleared. This means transport costs will be calculated at checkout and added to the total, but not including the payment of New Zealand customs duty and taxes fees. You are responsible for paying all these fees directly to the relevant authorities to have your ordered POP Fender products cleared for delivery.
4. Payment
4.1. Basically, we accept the payment methods credit card, pay pal and bank transfer. We reserve the right to offer certain payment methods and to refer to other payment methods for each order.
4.2. When placing an order on our webshop payment methods are:
- Bank Deposit – EFT funds directly into our account.
- Credit Card – We accept Visa, Mastercard & Amex.
- Paypal – Pay using your Paypal account or credit card
Some customers prefer to order over the phone. In this instance we will ask for your credit card details, or you can EFT funds directly into our ANZ bank account (our bank details will be on your invoice).
4.3. You agree that you receive invoices and credits exclusively in electronic form.
5. Delivery
5.1. We deliver the ordered POP Fender products via Australia Post, with signature on delivery. Delivery will be made to the address you provided (delivery address).
5.2. We deliver POP Fender products to customers residing in Australia and New Zealand via DHL shipping.
5.3. All shipping costs are listed in the product description and are shown on the invoice.
5.4. The delivery time for products in stock is approx. 5-20 working days from receipt of order. For products not in stock, or special order goods, the delivery time is 2-6 months.
6. Reservation of title
The goods remain the property of POP Fender Australia & New Zealand until full payment of the purchase price.
7. Right of withdrawal for consumers
We can only exchange or provide store credit for products returned within 14 days, in unused condition including your original invoice. All returned products will be visually inspected and checked to confirm unused and original condition.
REFUNDS
Refunds are available for items returned within 14 days of your original purchase. We will only provide refunds for products returned within this period that are in new, unused condition.
- Freight costs for return and re-delivery of all goods is to be met by the customer.
- Returned products must be appropriately packaged for return shipping.
- We advise all returns should be registered and insured as POP Fender Australia & New Zealand is not responsible for damaged or lost goods returned by the customer.
- To initiate a refund please contact POP Fender Australia & New Zealand by calling +61 409 332 332 or email sales@popfender.com.au
- Shipping costs associated with your original order are not eligible for refund.
- Restocking fees may apply. This will be deducted from your refund or store credit.
- We do not provide cash refunds.
WARRANTY INFORMATION
POP Fender products we sell are covered by a manufacturer’s warranty of 12 months from the date of purchase. If you have a faulty product, please contact POP Fender Australia & New Zealand by calling +61409332332 or email sales@popfender.com.au. Remember, it is at our discretion to approve or deny warranty claims. It is up to the manufacturer to approve warranties and to decide whether to replace, repair or refund your item. Once approved, freight costs of replaced or repaired products under warranty will be covered by us or the manufacturer.
8. Processing returns and refunds
8.1. Before returning POP Fender products, please ensure goods are packed safely and carefully. If possible, please use the original packaging.
8.2. In case of return, please contact POP Fender Australia & New Zealand by calling +61409332332 or email sales@popfender.com.au to ensure correct address and details for the return of goods.
8.3. The products you have returned, including their packaging, should be in unused condition.
9. Product images / copyright
9.1. All product images on this website and our web shop are for illustrative purposes only and should only give you a general idea of the products. Although we do our best to reproduce the colours accurately, we cannot guarantee that the colour representation of your device will accurately reflect the colour of the product. The delivered product can therefore vary slightly from these pictures.
9.2. All photos, graphics and the design of our website are for the personal information of our customers and are protected by copyright.
10. Warranty / Liability / Guarantee
10.1. The statutory warranty regulations apply. The warranty is governed by the legal provisions. It limits itself to the statutory period of 12 months from the date of receipt by the buyer or in the case of services upon conclusion of the service. In the event of justified defects, either parts replacement will be made, for which a reasonable deadline is to be granted.
10.2. If applied defects can be announced on delivery or after becoming visible, whereby an omission of the announcement in the event of delivery or after becoming visible by a consumer has no influence on his warranty claims.
10.3. Our company is not liable for damages in the event of misuse and or negligence. POP Fender products not used with reasonable caution with position and height of POP Fender products when in use. POP Fender Australia & New Zealand is not responsible for any damage caused to your boat when not used in a correct and thought-out placement/position.
10.4. When the goods are shipped from consumer transactions, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer. All POP Fender products shipped will be delivered with customer signature on delivery.
11. Closing requirements
11.1. We reserve the right to make changes to the website, rules, including these Terms and Conditions at any time. We will only make these changes for good reason, in particular due to changes in law, legal requirements or other important reasons.