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Terms of Service

Last updated: [Insert Date]

Welcome to Aqua Beats ("we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By accessing our website or purchasing from us, you agree to be bound by these Terms. If you do not agree, you must not use our services.

1. General Information

Aqua Beats is an online retailer operating in Australia. We sell consumer products, including but not limited to portable Bluetooth speakers and accessories.

We reserve the right to update, change, or replace any part of these Terms at any time. Continued use of our website after changes constitutes acceptance of the updated Terms.

2. Eligibility

By using our website, you confirm that you are at least 18 years of age or have permission from a parent or legal guardian.

3. Products & Descriptions

We make every effort to display product details, images, specifications, and descriptions accurately. However:

  • Product images are for illustrative purposes only.
  • Colours, finishes, or packaging may vary slightly.
  • We do not guarantee that product descriptions are error-free.

We reserve the right to modify or discontinue any product at any time without notice.

4. Orders & Acceptance

All orders are subject to acceptance and availability. We reserve the right to:

  • Refuse or cancel any order
  • Limit quantities per order or per customer
  • Cancel orders due to errors in pricing, stock availability, or suspected fraud

If an order is cancelled after payment has been taken, a refund will be issued to the original payment method.

5. Pricing & Payments

All prices are listed in Australian Dollars (AUD) unless stated otherwise.

Prices may change without notice. We are not liable for pricing errors and reserve the right to cancel orders placed at an incorrect price.

You agree to provide current, complete, and accurate payment information. Failure to do so may result in order cancellation.

6. Shipping, Processing & Delivery

Shipping and processing timeframes provided on our website, in order confirmations, or in marketing materials are estimates only and are not guaranteed.

Processing times may vary due to factors including, but not limited to:

  • Order volume (including peak sales periods)
  • Stock availability
  • Quality control checks
  • Supplier or warehouse delays

Shipping times may vary depending on the carrier, destination, and external factors outside our control.

We are not responsible for delays caused by:

  • Courier or postal service delays
  • Customs clearance delays
  • Incorrect or incomplete address details provided by the customer
  • High order volumes or peak seasonal demand
  • Supply chain disruptions
  • Events beyond our reasonable control (including strikes, natural disasters, or government actions)

By purchasing from Aqua Beats, you acknowledge and accept that delivery may take longer than advertised timeframes.

Risk of loss passes to you once the order has been handed over to the carrier.

7. Customs, Duties & Taxes

For international orders, you are responsible for any customs duties, taxes, import fees, or clearance delays imposed by your local authorities.

We are not responsible for shipments held, delayed, or rejected by customs.

8. Returns, Refunds & Exchanges

Our returns and refunds are governed by our Refund Policy, which forms part of these Terms.

In summary:

  • Proof of purchase is required
  • Refunds may require photo or video evidence of the issue
  • We may require the product to be returned before issuing a refund
  • Refunds are issued to the original payment method only

We reserve the right to refuse refunds where misuse, damage, or non-compliance with instructions is evident.

9. Product Use & Safety

You are responsible for using all products safely and in accordance with provided instructions.

To the fullest extent permitted by law, Aqua Beats is not liable for:

  • Improper use of products
  • Damage caused by misuse, neglect, or unauthorised modifications
  • Water damage where product use exceeds stated specifications

Products advertised as water-resistant or waterproof must still be used within stated limits.

10. Warranties

To the extent permitted by Australian Consumer Law (ACL):

  • We provide only those warranties that cannot be excluded by law
  • Any express warranties are limited to what is explicitly stated

Nothing in these Terms excludes your rights under ACL for major failures.

11. Limitation of Liability

To the maximum extent permitted by law, Aqua Beats shall not be liable for:

  • Indirect, incidental, or consequential losses
  • Loss of profits, data, or business opportunities
  • Delays or failures beyond our reasonable control

Our total liability is limited to the amount paid for the product giving rise to the claim.

12. Indemnity

You agree to indemnify and hold harmless Aqua Beats, its directors, employees, and contractors from any claims, damages, losses, or expenses arising from:

  • Your breach of these Terms
  • Misuse of our products
  • Violation of any law or third-party rights

13. Intellectual Property

All content on this website, including text, images, videos, logos, and designs, is the property of Aqua Beats or its licensors.

You may not reproduce, distribute, or exploit any content without our prior written consent.

14. Third-Party Services & Links

Our website may include links to third-party websites or services. We are not responsible for their content, policies, or practices.

Use of third-party services is at your own risk.

15. Privacy

Your use of our website is also governed by our Privacy Policy. Please review it to understand how we collect and use your personal information.

16. Prohibited Conduct

You must not:

  • Use our website for unlawful purposes
  • Attempt to interfere with website security or functionality
  • Engage in fraudulent or abusive behaviour

We reserve the right to suspend or terminate access for violations.

17. Termination

We may terminate or suspend your access to our website or services at any time without notice if you breach these Terms.

18. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

You submit to the exclusive jurisdiction of the courts of New South Wales.

19. Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions remain in full force.

20. Contact Information

For questions regarding these Terms, please contact us at:

Email: info@aquabeats.com.au

By using our website or purchasing from Aqua Beats, you acknowledge that you have read, understood, and agreed to these Terms of Service.