1. Purpose of this information
Oz Inflatables is committed to complying with the Australian Consumer Law (ACL). This page sets out information about your consumer guarantee rights under the ACL where we have not met your expectations of your product.
It is not intended to be an exhaustive statement of rights available to consumers and we recommend you refer to the ACCC website or talk to an independent legal representative if you would like to learn more about your rights under the ACL.
This page does not set out the terms under which we provide our services to you. These terms are located in our Terms and Conditions page and as provided on the invoice for your order.
2. What are the Consumer Guarantees?
The ACL protects consumers by giving them certain guaranteed rights when they buy goods and services in Australia. For example, all products sold must be fit for a particular purpose and be provided within a reasonable time. These rights are called Consumer Guarantees.
The Consumer Guarantees cannot be excluded, restricted or modified in the terms and conditions under which we provide services to you (for example, our Terms and Conditions).
3. When you are entitled to a refund under the ACL – major failures
Under the ACL, if we do not provide a product to you in accordance with the Consumer Guarantees you may be entitled to a remedy under the ACL depending on the circumstances. If there is a failure that cannot be remedied or amounts to a major fault, you are entitled to a refund and other remedies under the ACL. You may also be entitled to compensation for reasonably foreseeable losses caused by a failure.
A major failure is defined in the ACL and includes where a reasonable consumer would not have purchased the services had they known about the extent of the failure, the services are substantially unfit for purpose which cannot be remedied within a reasonable time, or the supply of the service creates an unsafe situation.
Practically, whether damage to an inflatable is a major failure will depend on a number of factors, including the cause of the damage (for example, if the product was used in a manner outside our control, such as dangerous weather conditions) and whether or not we were able to provide a appropriate and suitable solution within a reasonable time. What constitutes a reasonable time will depend on the circumstances and must be viewed from all party perspectives.
4. Events that may impact on our service and our assessment of compliance with Consumer Guarantees
The safety of the patrons who use our inflatable devices are our paramount concern. We try our very best to get you to your order delivered by the scheduled estimated time. However, our ability to provide safe products and timely services can be impacted on by many factors that are outside of our reasonable control. For example:
- Significant health warnings such as the Covid-19 pandemic and other such incidents may result in the factory being closed for a period and rendering Oz Inflatables unable to complete the remaining manufacturing and testing of your inflatable device in a safe environment.
- Medical emergencies may occur which require us to facilitate the provision of care for the affected staff or their family members.
For these reasons, and others that may arise in the future, while we will exercise due care and skill in providing our products, we are not able to guarantee the exact delivery date at the time of your order. We will arrange transport once the product is ready to be delivered and provide you with the approximate date of arrival
Part of providing our product and services with due care and skill may be to delay manufacture or delivery until, for example, a higher quality thread is available for stitching your inflatable device together. We also take into account these factors in determining whether we have provided you with your product in accordance with the Consumer Guarantees, as required by the ACL.
For all the reasons above, if you need an inflatable devices for a specific time (for example, if you are planning a large community event), we strongly recommend that you carefully consider your requirements when ordering your Oz Inflatables products and allow enough time for contingencies. We also recommend that check with local and state authorities to ensure that the product you order is approved for use in your area.
5. When we will provide you with a refund
Oz Inflatables values its customers and we want to ensure you have the best experience with us. That’s why we have committed to provide you with the ability to obtain a refund in a range or circumstances regardless of whether there has been a major failure to comply with the Consumer Guarantees. Please see our Compensation Policy for more information about the assistance and compensation we provide in the event of minor or major failures to your product.
Sometimes we will provide you with the ability to obtain a refund even when we have not failed to comply with the Consumer Guarantees. We do this because we value you as a customer and we want to ensure that you and all of the patrons who use the inflatable device are completely safe and have fun playing with their friends and family.
6. Claim for additional reasonable costs
Under the Compensation Policy, there are circumstances when you will be able to claim for a reasonable expenses you may incur if we are unable to assist with minor failures within a reasonable time.
In addition, Australian Consumer Law entitles you to a reimbursement of reasonably foreseeable costs incurred if the delay or expense constitutes a breach of the Consumer Guarantees. Whether or not a delay or expense constitutes a breach of the Consumer Guarantees and whether or not the costs incurred are reasonably foreseeable requires assessment of your claim having regard to all relevant circumstances, including the reason your inflatable device was damaged or broken (for example, if the damaged was caused by improper usage) and how long any repairs took to be completed.
Please contact us on the details in section 9 below if you think you may be entitled to additional reimbursement beyond what is provided under the Compensation Policy. Where possible, you should take steps to mitigate costs or expenses you may incur.
7. How much will my refund be for?
If you are entitled to receive a refund under the Compensation Policy or the Consumer Guarantee of any amount you have paid us where we have delayed or have otherwise failed to provide you with the product that was ordered, a refund will be provided for the total price paid for the product to the extent the services have not already been consumed (for example, shipping costs are not refundable as these are paid to the Delivery Service as outlined in the Terms and Conditions of purchase).
8. Can I get a refund if I have changed my mind?
Australian Consumer Law does not require any business to provide you with a refund just because you have changed your mind. However, you may be able to get a partial refund depending on the circumstances of the request. Please contact us to discuss your request in detail.
9. If I think I am entitled to a refund and/or compensation for reasonable costs, how do I go about getting my refund?
10. How long will it take for my refund and successful compensation claim to be processed?
Once the claims process has been completed a product refund will generally take up to 21 days to process. There may be circumstances where this period is longer. In the event this happens, we will contact you and discuss all of the details.
If you paid via credit card, your refund will be processed in accordance with the specific terms and conditions for that service.
11. Where can I get more information?
This document was last updated on the 03/04/2020