PURCHASING ITEMS ON SALE
- Lahana does not offer price matching for items purchased prior to a sale.
- Discount codes are not valid for sale items or during sale periods
- Items purchased on sale are final and cannot be returned (unless faulty)
- Please allow up to an extra 48 hours for your products to be shipped out due to the influx of orders
- The original postage cost is non-refundable when a return is made.
- International customers (outside of Australia & New Zealand) are required to pay for their return shipping costs.
TERMS AND CONDITIONS
This website is operated by Lahana Group Pty Ltd. These Terms of Service set out the agreement for online trading between Lahana Group Pty Ltd (ACN 650 319 449) (hereafter referred to as “our”, “Lahana”, “Lahana Group”) and the user of this website (“You”). Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access our website.
YOUR ACCESS/USE IMPLIES AGREEMENT
Our website is available for your use only on the condition that you agree to these Terms of Service. By accessing/using the website, you are signifying that you agree to be bound by these terms.
ABOUT THIS WEBSITE
Website Owner = Lahana Group Pty Ltd (ACN: 650 319 449) ("LAHANA GROUP PTY LTD ") (Domain name = https://us.lahana.co the "website")
ABOUT THE TERMS OF SERVICE
Lahana is committed to providing you with the best possible customer service experience. Lahana is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.
COLLECTION OF YOUR PERSONAL INFORMATION
There are many aspects of the site that can be viewed without providing personal information, however, for access to future Lahana customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
OPting in and providing information for marketing purposes
Opting in to email marketing or SMS marketing is voluntary. If you do wish to receive our email newsletters and sms notifications for upcoming launches, sales and exclusive offers, you do so on your own accord and not hold Lahana liable for that decision.
Email marketing - We will collect your Email address, Name, Date of Birth (optional), and attached to that automatically through your browser and gps settings in your device is your location. Our marketing platform Klaviyo keeps this confidential and builds up a record of information on your browsing history on our website.
SMS marketing - we will collect your mobile number and Name like we do with our email marketing, this information is stored on Klaviyo where you will be sent information via text message for upcoming events, surveys, sales and launches.
We respect our customers privacy!
SHARING OF YOUR PERSONAL INFORMATION
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support inquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Lahana takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
USE OF YOUR PERSONAL INFORMATION
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use it for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
ACCESSING YOUR PERSONAL INFORMATION
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Lahana reserves the right to charge a fee for searching for and providing access to your information on a per request basis.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our manufacturers, Lahana has the right to refuse or cancel any orders placed for the product listed at the incorrect price. Lahana also has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Lahana will immediately issue a credit to your credit card account in the amount of the charge.
MODIFICATIONS TO THE TERMS
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
Lahana does not warrant the accuracy, adequacy or completeness of the material on this website. All the material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Lahana reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. As part of the terms and conditions of this site, you agree that it is your responsibility to monitor changes to our site. The pricing of our products are subject to change without notice, Lahana reserves the right at any time to modify or discontinue a product at any time without notice. We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of a product.
Certain products may be available exclusively online through our website or app. These products may have limited quantities and are subject to return or exchange only according to our returns policy. We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We can’t guarantee that your computer's monitor will display any of the colours accurately.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
ERRORS AND PROBLEMS
Lahana does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
LICENSE AND OWNERSHIP
The copyright for the content on this website is owned or licensed by Lahana Group and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Lahana Group.
All custom graphics, icons, and other items that appear on the website and all associated trademarks are trademarks of Lahana Group.
FEEDBACK, SUGGESTIONS, COMMENTS OR REQUESTS
Lahana does not encourage you to make feedback, suggestions, comments or requests ("comments") but these comments may be made to email@example.com and if you do make comments, you acknowledge that they will not be considered confidential or proprietary, and Lahana Group is under no obligation to keep such information confidential. Lahana Group will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
The website may contain links to third-party websites and resources ("linked sites"). These linked sites are provided solely as a convenience to you and are not endorsed or affiliated with Lahana Group. Lahana Group makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Lahana Swim may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Lahana website.
Lahana Group generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Lahana Group. However, linking to any other page of the website is strictly prohibited, without express written permission from Lahana Group.
The Australian section is provided for use only by Australian residents. The law applicable to the use of the Australian section and to disputes arising out of the Australian section is the law of the State of New South Wales and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of New South Wales, Australia.
DISCLAIMER OF WARRANTIES
Lahana Group makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights, and fitness for a particular purpose.
LIMITATION OF LIABILITY
If Lahana Group is found responsible for any damages, Lahana Group is responsible for actual damages only. In no event shall Lahana Group Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website. or damages resulting from lost data or business interruption resulting from the use of or inability to use the website or any other claim related in any way to your use of our website or product, including but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of our website or any content posted, transmitted, or otherwise made available via Lahana Group.
You agree to indemnify, defend and hold harmless Lahana Group, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of these terms of service or the documents they incorporate by reference or your violations of any law or the rights of a third-party.
Lahana Group reserves the right to terminate the agreement to supply products to you at any time before the products are dispatched to you. Lahana Group shall not be liable to you for any costs, expense, or damages whatsoever for terminating this agreement. If the product has not been delivered to you prior to any termination of the agreement by us, Lahana Group will refund you any payment you have made prior to termination. Lahana Group may terminate the agreement under which you can use this website immediately without notice if you are in breach of any term of this agreement.
This Terms of Service and use of website agreement together with the other policies on this website are the entire agreement between us.
These Terms of Service and any separate agreements whereby we provide you service shall be governed by and construed in accordance with the laws of Australia.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall no affect the validity and enforceability of any other remaining provision.
CONDITIONS OF SALE
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Lahana with respect to the subject matter hereof.
- The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
- The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to Lahana that you are able to make a legally binding contract.
- Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
- These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
- Lahana Swim reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Lahana only comes into existence when Lahana forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
- This contract shall be governed by and construed in accordance with the law in effect in the State of New South Wales and by entering into contract both parties are accepting the jurisdiction of the courts of the State of New South Wales in relation to any dispute between them.
- You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Lahana if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Lahana within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
- Ownership and property in the goods supplied/delivered shall pass from Lahana to you when Lahana accepts your offer and assigns product in our warehouse. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
- Lahana shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Lahana shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within a reasonable time of acceptance of the order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
- You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Lahana in respect of any such use. Lahana is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility to ensure that the goods when used by you are not damaged and no liability will be accepted by Lahana for the consequences of the use of damaged goods by you.
- Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Lahana Group implied by the Goods Act, 1958.