Terms & Conditions

This contractual document shall govern the purchase of products and/or services at the website www.orca.com.au (hereinafter referred to as 'the Service Provider'. By accepting this document, you state that:

  1. You have read and understood the clauses contained in it.
  2. You have the ability to purchase products and/or services.
  3. You agree to be bound by the terms and conditions set forth in it.

The terms and conditions set forth in this document shall be valid for an indefinite period of time and applicable to all the purchases made at this website.

The Service Provider reserves the right to change or modify the terms and conditions without prior notice, without this affecting the purchases made and/or the promotions launched before said changes. Consequently, you should check the terms and conditions every time you make a purchase at this website.
By entering this website and/or making purchases on it, you agree to be bound by the general terms of use published in it, which should be checked periodically for changes and/or updates.
All trading Terms and Conditions are outlined in the following sections:

  1. GOVERNING LAW
  2. INTENDED USE
  3. DISCLAIMER AND LIMITATION OF LIABILITY
  4. METHODS OF ORDERING
  5. PRICING
  6. ORDER PROCESS
  7. PAYMENT INFORMATION

GOVERNING LAW
The Terms and Conditions of this agreement are governed by the applicable statutory rules and regulations enforced in accordance with the laws, of the Federal Government of Australia and of the State of Victoria. The buyer agrees to submit to the jurisdiction of the Courts of Victoria.

INTENDED USE
All material including but not limited to text, images, multimedia, advertisements and downloadable content is published by us and made available to worldwide audiences. If you access this website outside of Australia, you do so at your own risk and you must comply with the rules and regulations enforced by your respective jurisdiction.
You agree differing terms and conditions exist between local (Australian) and international customers.
The general public of all ages may view all publicly available material and only copy it for personal use. You may only use material for commercial purposes when you have prior written consent from Orca Australia.
Registered users may be but not limited to general public, employees or representatives of companies, associations, governments or any other corporate entity.

DISCLAIMER AND LIMITATION OF LIABILITY
All material on our website is provided to you "as is" and "as available". We do not warrant or guarantee the accuracy, adequacy or completeness of this material, and expressly disclaim liability for mistakes, misleading or absent information.
To the maximum extent permissible by law and unless otherwise specified, we do not warrant, guarantee or make any representations and warranties of any kind, whether express, implied or statutory.
Whilst we promise to actively combat malicious activities, we do not warrant, guarantee or make any representations our website will be safe from such behaviour including but not limited to viruses, hackers or denial of service attacks. Furthermore, we do not warrant, guarantee or make any representations that our website will be fully accessible at all times and disclaim any loss or damages as a result of it being unavailable.
To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with (1) use of this site, or the inability to use this site by any party; or (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or (3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

METHODS OF ORDERING
Ordering over the Internet enables customers to access real time pricing and information of our entire product range.
We reserve the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

PRICING
Unless otherwise specified, all prices on our website are quoted in Australian Dollars (AUD).
Listed prices are displayed including GST & freight or other taxes where applicable.
All prices are subject to changes without prior notice.

ORDER PROCESS
In most cases, your order will be processed and dispatched within 48 hours unless otherwise advised. During the Christmas/New Year period, please expect a longer dispatch time.
Please call us on +613 9555 511 if you have not received your order within 7 working days of placing your order or if you have any concerns at all.

PAYMENT INFORMATION
You can pay for your order using a credit card (Visa, or MasterCard). Select your method of payment before placing your order, when the relevant screen is shown.
After filling in your personal and shipping information, you will be able to pay for your order online, with the method of payment you selected. All the authorized forms of payment are safe, protecting the privacy of personal information in data transmission and offering securing transactions that ensure confidentiality and adequate data handling.
If the transaction is approved, you will get a confirmation message by email, indicating that your order is being processed.

CONTACT US
Please feel free to contact us if you require further information or a clarification of any statements above.
© Copyright 2020 Orca Asutralia (Quartra Pty Ltd trading as Orca Australia)


SHIPPING POLICY & RETURNS

DELIVERY
All orders will only be delivered to a business or residential address within Australia.
Your order will be delivered to the address you indicate us. The Service Provider shall not be held liable for delivery failures resulting from inaccurate, incomplete or untruthful data as entered by the user, nor for those orders not delivered due to circumstances beyond the company's control.
The Service Provider takes all the measures to meet delivery times or, if this were not possible, to deliver orders as soon as possible, disclaiming all liability in this respect.
Depending on your location shipping times will vary. All charges are in Australian dollars & freight costs relate to the total order amount.
Goods are the responsibility of the buyer once they have been dispatched.
Orca Australia does not accept the responsibility for delayed or missing packages.
If goods are to be insured, the buyer must notify Orca Australia prior to placing the order, to enable an insurance quote to be sourced, this cost will be charged to the buyer.
An itemised tax invoice containing a description of goods purchased & freight charges will be sent with ordered goods. If Australia Post does not deliver to your area, your signature may be required to accept the goods.

RETURNS
If no claim has been made by the Buyer within 7 days it is assumed that the delivery is complete and correct and the Buyer is responsible for payment of the goods.

CLAIMS FOR DAMAGE OR MISSING GOODS
If no claim has been made by the Buyer within 7 days it is assumed that the delivery is complete and correct and the Buyer is responsible for payment of the goods.


Privacy Policy

INTRODUCTION
This Privacy Policy ensures you are aware of how Orca Australia securely treats your personal or protected information obtained from browsing our website. Personal information is considered any information you provide to us either expressly or indirectly from browsing our website. Our policy defines the processes and practices we have implemented to ensure your personal information is not mistreated in anyway. The collection of sensitive personal information is restricted by the provisions of the Privacy Act. Such information would only be collected if it applies to the goods or services that we sell.
The policies implemented apply to the following topics:

  1. INTERNET ADDRESS (IP ADDRESS)
  2. COOKIES
  3. PERSONAL DATA
  4. EMAIL
  5. NETWORK USAGE
  6. CREDIT CARD PAYMENTS
  7. USER ACCOUNT TERMINATION
  8. INTERNET ADDRESS/ACCESS

INTERNET ADDRESS (IP ADDRESS)
Orca Australia may temporarily store your internet address (IP) and the pages you access and a timestamp of when you accessed them to monitor user traffic through its website. We intend to use this data collected to generate statistics that aid us to deliver better web content services to our users.
Orca Australia promise not to distribute collected user information to any third party unless required by applicable government legislation.
When finished with collected data, Orca Australia promises to destroy your IP address and web page access information immediately.

COOKIES
When you arrive at our website, Orca Australia may issue you a per-session cookie. If your browser receives an alternate type of cookie, please report the incident to us at info@orca-australia.com.au and we will investigate the matter.
Orca Australia will issue your web browser a per-session cookie for the purposes of tracking user sessions when you login to our online ordering system. Per-session cookies embed a small amount of data (usually a session identifier) during a browsing session and expire when you exit the browser.
Orca Australia cookies are strictly intended to store information pertaining to a user’s session. Although unlikely, Orca Australia will condemn any party that intercepts or distributes malicious content via its cookies. If you experience unusual activity whilst browsing our website, please report the incident to us at info@orca-australia.com.au and we will investigate the matter.

PERSONAL INFORMATION
When you submit personal information to Orca Australia by filling out any online enquiry forms or emails, the requests are directly sent to our personnel.
All personal information received is retained for Orca Australia to fulfil the request being made. Unless required by applicable government legislation, we require your express permission to disclose your information to a third party.
Personal information may be securely retained for reference purposes and properly destroyed thereafter.

EMAIL
In some parts of the website, Orca Australia will ask you for personal information, including your email address. Your email address will only be used for the purposes stated and will not be disclosed beyond Orca Australia without your express permission.
Orca Australia may contact you through your nominated email address. Unless prior consent is given, Orca Australia will not use your email address for anything other than to satisfy the purposes for which it was disclosed.
Orca Australia may contact you via your email nominated email address for administration and sales purposes only.
Orca Australia promise not to distribute your email address to any other parties without prior consent from you.

NETWORKS
Network data traffic to and from our web servers will be monitored at all times. If excess data traffic is detected, Orca Australia reserves the right to cancel any or all user requests. Orca Australia may log its data traffic and source IP addresses of any internet request. Such information would be protected and only disclosed to authorities or law enforcement bodies with a successful warrant application.

CREDIT CARD PAYMENTS
When you submit your order, you will be redirected to our Trasaction Network Services (TNS) Credit Card payment gateway. Transaction Network Services will establish a secure link with your browser using Secure Socket Layer (SSL) protocol which protects your confidential information as it travels to TNS over the internet. At no stage in the ordering process do we give TNS any information about you or your account stored in our online ordering system. The only exchange of information from us to TNS is your order total and your session id. The only exchange of information between you and TNS should be your chosen method of payment and your credit card details. When the payment has been successfully received, TNS will send us a receipt number.

ACCOUNT INFORMATION
When your user account is terminated, we will retain your user details within the online system for a period of no longer than 6 months. The information is retained for the purposes of following up prior orders and resolving any discrepancies. Order details are retained for a period of up to 7 years or as required by applicable government legislation.

Rental Policy

Wetsuit rental period is 5 days with pick-up & return from our warehouse outlet in Moorabbin.

The rental suit may be used only for swimming purposes, as the neoprene used for Orca wetsuits is too delicate for surfing, SCUBA, etc.

A security deposit of $250 will be charged when collecting the rental wetsuit & refunded upon return of the wetsuit.

Please ensure that the wetsuit is returned CLEAN and DRY.

Failure to return the suit clean and dry will result in a CLEANING FEE of $25. If the wetsuit is not returned in time, there will be an EXTRA 5 DAY FEE of $50 applied, and for every 5 days thereafter.

We advise that you take good care when putting your wetsuit on and off, take a look at our instructional page “ How to put on your wetsuit ” and if possible, wear gloves to help minimise the risks of nicks caused by fingernails. Due to the delicate nature of the neoprene, small damages such as nicks can occur. If fingernail damage occurs, we will fix minor ones at no charge, but extreme tears from misuse or neglect may result in additional charges on a case-by-case basis.

Upon return of the wetsuit a full refund of the security deposit will be given as long as the wetsuit is returned to us in a fully reusable condition & on time.

We do not offer a hire fee refunds on suits which are returned unused.

We can accept a reservation cancellation prior to the pick-up of the wetsuit hire, in which case any prepayment will be refunded in full.

 

CONTACT US
Please feel free to contact us if you require further information or a clarification of any statements above.
© Copyright 2020 Orca Australia

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