Terms & Conditions2018-08-19T14:23:43+00:00

Stephens Boats
WEBSITE Terms and Conditions

Please read the following terms and conditions of use of this website (the “Terms of Use”). These Terms of Use form a contract between you and Stephens Boats (“Stephens Boats”, “we”, “us” or “our”) that governs your access and use of the stephensboats.com.au website (the “Website”) and any other related Services (the “Services”) and applications, content,
Data, specifications, pricing or any other information available via the Website. By accessing the Website or Services, you agree to be bound by the following Terms of Use. You understand, agree and acknowledge that these Terms of Use constitute a legally binding agreement between you and Stephens Boats and that your use of the Website and/or Services shall indicate your conclusive acceptance of this agreement. If you do not agree to these terms of use, do not use the Website or Services.

A) Provision of Service:
Your use of the materials included on this Website is solely for information and shopping purposes. You agree not to distribute, publish, transmit, modify, display, or create derivative works of or exploit the contents of this Website in any way. You agree and acknowledge that Stephens Boats is entitled to modify, improve or discontinue any of its Websites or Services at its sole discretion and without notice to you even if it may result in you being prevented from access. Furthermore, you agree and acknowledge that Stephens Boats is entitled to provide Services to you through subsidiaries or affiliated entities.

B) Proprietary Rights:
All text, images, graphics, sound files, animation files, video files, and other materials contained on this Website, including their selection, coordination and arrangement, are protected by Stephens Boats copyright, trade dress, trademarks, and/or other intellectual property owned or controlled by Stephens Boats and/or third-party licensors. You agree to abide by any and all additional copyright notices, information or restrictions contained in any content on our Website.

Stephens Boats brands, logos, and brand identities on this Website represent some of the marks currently owned or controlled in Australia and/or in one or more other countries by Stephens Boats. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Stephens Boats worldwide proprietary ownership rights, and Stephens Boats and/or its licensors may own or control other proprietary rights in one or more countries outside of Australia. You may download and make one copy of the content and other downloadable items displayed on this Website solely for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, non-commercial use is expressly prohibited without the prior written permission of the company. Except as set forth in these Terms of Use, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, de-compile, or disassemble any part of the Website or any Services without the prior written permission of Stephens Boats. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved to Stephens Boats.

C) Submitted Content:
Any material, information, or idea you transmit to or post on this Website or Services by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Stephens Boats or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Any material you submit to this Website will be deemed the subject of a grant of a royalty-free, non-exclusive right and license to use, reproduce, distribute, modify, display, transmit, adapt, publish, translate, create derivative works from, and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission, and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived. You agree that you will not submit anything to the Website that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that you will not post or transmit to this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.

D) Accuracy of Website and Services:
All illustrations and specifications contained in this Website are based on the latest boat and product information available at the time of publication. Stephens Boats reserves the right to make changes at any time, without notice, to colours, materials, equipment, specifications, pricing and models. Colours shown may not represent actual product colours due to variations in screen displays and printers. Illustrations may include test situations. Some boats and products may be shown with non-AUS. equipment. Some boats and products may be shown with optional equipment.

E) Agreement Termination:
These Terms of Use will continue to apply until terminated. All indemnification obligations, disclaimers of liability, and disclaimers of warranties are to continue in perpetuity and shall be unaffected by any termination of this agreement.

F) Indemnification:
You hereby agree to indemnify, defend, and hold Stephens Boats, and all its owner/directors, employees, information providers, affiliates, licensee’s, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties, and covenants, including, without limitation, legal fees and costs.

G) LINKS
The Website may contain links to other websites. Stephens Boats is not responsible for the privacy practices of any other website, and we assume no responsibility or liability for the content and activities of any other website. We encourage our users to be aware when they leave our Website to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Company.

H) CHILDREN
Children’s Online Privacy Protection Act (COPPA) Our Website is a general audience Website that is not designed nor intended to collect Personal Information from children under the age of 13. Stephens Boats does not knowingly collect or maintain any Personal Information from children under the age of 13. In addition, no part of this Website is designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any Personal Information on this Website or related Services. Parents should supervise their children while online.

ORDERING PRODUCT

When you place an order with us you have made an offer to purchase the product that you have chosen.
You can place an order, via the Website, by clicking the “Add to Cart” button.
When we issue a tax invoice to you we have accepted your offer. Both the offer and acceptance are based on these terms and conditions.
We will issue you with an order number after we have received your offer to purchase.

We may notify you when we process your order by sending you an order confirmation and tax invoice. The order confirmation and tax invoice may be sent via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason. If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.

CHANGES TO PRODUCTS

Stephens Boats may make changes in the products described, and to other content of the Website, at any time without notice.
We make every effort to ensure that product descriptions on our Website are accurate. However, some inaccuracies, such as typographical errors or misinterpretations, may occur.
We reserve the right to correct such inaccuracies or typographical errors as they are identified.
All depictions contained on the Website, or in any catalogue, are for illustration purposes only.

PRODUCT PRICES

The price displayed for products on the Website, or in any catalogue, represents the full price, including GST (Goods and services tax), for the product itself but does not include postage/delivery charges which will depend on the destination.
We always seek to provide products at the most competitive prices and reserve the right to change prices displayed for products on our website at any time.

All of our prices are in Australian dollars (AUD)
Product prices are regularly updated when price changes are received from our suppliers. We will endeavour to provide the most competitive prices.
All prices shown are based upon AUS. Manufacturer´s Suggested Retail Price in AUD. dollars and do not include extra costs, such as, but not limited to, taxes, title fees, dealer charges, options, and destination. These prices are valid and effective only in Australia. For specific pricing, product availability, and program information, please visit Stephens Boats. Stephens Boats reserves the right without prior notice to discontinue or change specifications on boats, products and services offered on this Website and related Services.

PAYMENT

We only accept payment through, Electronic Funds Transfer, PayPal, Credit and debit cards (Visa, MasterCard). Payment will not be processed until we have received all relevant information required for processing to be completed.
(a) Credit Cards
We accept Australian credit cards only.
We process credit cards payments when you checkout from the product order screen. We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

SHIPPING PRACTICES AND DELIVERY POLICY

Items purchased are shipped from our stock warehouse located in Corowa, New South Wales. Our delivery partners are Australia Post, TNT, local couriers or road freight. If, for any reason, your order, or part thereof, cannot be shipped you will be notified promptly.
Orders are dispatched within two business days, from the time that payment has been received in full and depending on warehouse stock.

Stephens Boats ships goods Australia wide.
All parcels upon delivery will need to be signed for. Under no circumstances will parcels be left unattended or without a signature from the receiver.
If you are not available, when our delivery partner attempts a delivery, a card may be left advising you that your order will be available for you to collect from your local post office. If no such arrangements can be made, we, or our delivery partner, will attempt to contact you to arrange an alternative delivery time.

SHIPPING RESTRICTIONS

Some items are hazardous and shipping restrictions apply (for both Australian and International Orders). Should a shipping restriction apply, we will contact you Alternatively, please contact our sales department, during business hours, to discuss any such restriction
For security reasons, we do not ship to post office boxes (for both Australian and International orders).

SHIPPING RATES AND HANDLING CHARGES

Please note that shipping and handling rates are calculated based upon your location and the size / weight of your order. Upon completion of your order our shipping calculator will display and add the shipping charges to your total order cost.

INTERNATIONAL ORDERS

For international customers, FEDEX is our delivery partner.
We do NOT accept international orders through our Website.

I) REVISIONS TO PRIVACY POLICY AND TERMS OF USE
If you choose to visit Stephens Boats Website and Services, your visit and any dispute over privacy is subject to the terms of this Privacy Policy, any terms of use that we may post on our Website from time to time, and any agreement between us, including limitations on damages, and application of the laws in Australia. You should be aware that our business changes constantly. As a result, this Privacy Policy will change also, and use of information that we gather now is subject to the Privacy Policy in effect at the time of use. You should check our Website frequently to see recent changes. All modifications to our Privacy Policy will be effective upon Stephens Boats posting the modified Privacy Policy on the Website.

J) DISCLAIMERS
This Privacy Policy only applies to the Stephens Boats Website and Services, it does not apply to the practices of third parties that Stephens Boats does not own or control. This Privacy Policy also only applies solely to Stephens Boats online information-gathering and dissemination practices in connection with the Website and does not apply to any practices conducted offline except to the extent that we combine information collected about you through offline means with data about you that is collected through this Website.

CONTACT Stephens Boats

Stephens Boats
ABN 51 006 576 816
Postal Address PO Box 165 Corowa, NSW 2646
Registered Office: Cnr Hammersley & Theiss Roads Corowa, NSW 2646
Phone: +61 02 6033 3222
Fax: +61 02 6033 4488
Email: sales@stephensboats.com.au