Terms of Service

These Terms of Service apply to your use of the Murray Watersports website and to purchases made from Murray Watersports.

By accessing our website, placing an order or purchasing products from us, you agree to these Terms of Service.

1. General

Murray Watersports operates this website and offers products and services subject to these Terms of Service.

We reserve the right to update or modify these Terms from time to time. The Terms applicable to your purchase are those in effect at the time your order is placed.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

2. Product Information

We make reasonable efforts to ensure product descriptions, specifications, photographs, pricing and other information displayed on our website are accurate.

Product images are for illustrative purposes and colours, packaging, specifications or appearance may vary from those shown.

Manufacturers may change product specifications, packaging or designs without notice.

If we discover a material error relating to a product you have ordered, we will contact you where appropriate.

3. Pricing

Unless otherwise stated, all prices displayed on our website are in Australian dollars (AUD) and include GST where applicable.

Prices may change without notice. The price applicable to your order is generally the price displayed when your order is submitted, subject to correction of genuine pricing or system errors where permitted by law.

Promotional offers, discount codes and sale prices may be subject to additional conditions and expiry dates.

Discount codes cannot be exchanged for cash and, unless otherwise stated, cannot be combined with other offers.

4. Orders

Submitting an order does not necessarily mean that we have accepted it.

We may decline or cancel an order where reasonably necessary, including where:

• A product is unavailable.

• There has been a genuine pricing, description or system error.

• Payment cannot be authorised.

• We reasonably suspect fraudulent activity.

• We cannot deliver the product to the supplied address.

• An order breaches applicable purchase restrictions or promotional conditions.

If we cancel an order after payment has been received, we will refund the applicable amount unless another arrangement has been agreed with you.

5. Payment

Payment must be made using one of the payment methods available at checkout.

You must ensure that the information provided when placing an order is accurate and that you are authorised to use the selected payment method.

Orders may be held until payment has been successfully processed or verified.

6. Shipping & Delivery

Delivery estimates provided by Murray Watersports or a freight carrier are estimates only unless expressly stated otherwise.

Delivery times may be affected by circumstances outside our reasonable control, including carrier delays, weather, natural disasters, road closures and other transport disruptions.

Customers are responsible for providing a complete and accurate delivery address.

Additional charges resulting from an incorrect address, failed delivery, redirection or re-delivery may be payable by the customer where permitted by law and where the circumstances are not caused by Murray Watersports.

Risk in the goods passes in accordance with applicable Australian law. Nothing in this section limits your rights under Australian Consumer Law.

7. Authority to Leave

Where you request or authorise a carrier to leave a parcel without obtaining a signature, the delivery may be made in accordance with that authority.

Any limitations relating to loss or damage following an authorised unattended delivery are subject to applicable law and do not exclude rights that cannot legally be excluded.

8. Change of Mind Returns

Change-of-mind returns may be accepted in accordance with our Returns & Refund Policy.

Unless otherwise agreed, approved change-of-mind returns must be requested within 30 days of delivery and products must be unused, unassembled, complete and returned in their original condition and packaging suitable for resale.

Approved change-of-mind returns are subject to a 25% restocking fee calculated on the purchase price of the returned product.

Customers are responsible for return freight costs for change-of-mind returns, and original shipping charges are non-refundable.

The 25% restocking fee applies only to change-of-mind returns and does not apply where the customer is entitled to a remedy under Australian Consumer Law.

9. Faulty, Damaged or Incorrect Products

Our products come with consumer guarantees that cannot be excluded under Australian Consumer Law.

If a product is faulty, damaged, incorrectly supplied, not as described or otherwise fails to comply with an applicable consumer guarantee, please contact Murray Watersports.

Depending on the circumstances and whether the failure is major or minor, you may be entitled to a repair, replacement, refund or other remedy under Australian Consumer Law.

We may reasonably request information, photographs or inspection of the product to help determine the nature of the issue.

No change-of-mind restocking fee will be charged where a customer is exercising a right to a remedy under Australian Consumer Law.

10. Warranty Claims

Some products may also include a manufacturer's warranty.

Manufacturer warranties are additional to, and do not replace or limit, rights available under Australian Consumer Law.

We may request information reasonably required to assess a warranty claim, including proof of purchase, photographs, videos, serial numbers and details regarding how the product was used.

11. Product Use & Safety

Customers are responsible for reading and following all manufacturer instructions, warnings, maintenance requirements and safety information supplied with products.

Watersports and outdoor recreational activities can involve inherent risks. Products should only be used for their intended purpose and within the manufacturer's specified limitations.

Where appropriate, users should wear suitable safety equipment and comply with applicable laws, regulations and boating or waterway requirements.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

12. Product Installation

Where a product requires installation, fitting, adjustment or assembly, customers should follow the manufacturer's instructions and use a suitably qualified person where appropriate.

Murray Watersports is not responsible for damage resulting solely from incorrect installation, modification, misuse or use contrary to manufacturer instructions, except to the extent that liability cannot lawfully be excluded.

13. Availability

Products displayed on our website are subject to availability.

Stock information may occasionally be incorrect due to simultaneous purchases, inventory discrepancies, damaged stock or system delays.

If we cannot supply an ordered product, we may contact you to offer an alternative, backorder arrangement or refund.

14. Pre-Orders and Backorders

Products advertised as pre-order or backorder items may have estimated availability or delivery dates.

These dates are estimates and may change due to manufacturing, supplier, freight or other delays.

If there is a significant delay, we will provide options where required by law.

15. Promotions

Promotions may be subject to specific terms displayed with the relevant offer.

Unless otherwise stated, promotions:

• Apply only during the advertised promotional period.

• Are subject to stock availability.

• Cannot be redeemed for cash.

• Cannot be applied retrospectively to previous purchases.

• May not be combined with other discount codes or offers.

We may correct genuine errors associated with promotional pricing or discount codes, subject to applicable law.

16. Intellectual Property

Unless otherwise stated, website content including text, graphics, logos, photographs, designs and other materials is owned by or licensed to Murray Watersports.

Content must not be reproduced, distributed or commercially exploited without permission except where permitted by law.

Third-party trademarks and product names remain the property of their respective owners.

17. Website Use

You must not use our website:

• For unlawful or fraudulent purposes.

• To interfere with the operation or security of the website.

• To transmit malicious software or harmful code.

• To attempt unauthorised access to our systems.

• To collect or misuse information belonging to other users.

We may restrict access to the website where reasonably necessary to protect our systems, customers or business.

18. Third-Party Services

Our website may use or link to third-party services including payment providers, freight carriers and external websites.

Third-party services may be subject to their own terms and privacy policies.

We are not responsible for third-party websites or services except to the extent required by applicable law.

19. Privacy

Personal information is handled in accordance with our Privacy Policy and applicable Australian privacy laws.

Information may be provided to third parties where reasonably necessary to process payments, fulfil orders, arrange delivery, prevent fraud or provide other services associated with your purchase.

20. Limitation of Liability

To the maximum extent permitted by law, Murray Watersports is not liable for indirect or consequential loss arising from the use of our website or products where such liability can lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies consumer guarantees, rights, remedies or liabilities that cannot legally be excluded, restricted or modified under Australian Consumer Law or other applicable legislation.

21. Indemnity

To the extent permitted by law, you agree to be responsible for loss or damage arising from your unlawful use of our website or your breach of these Terms.

This provision does not limit any rights or protections available to you under Australian law.

22. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or severed to the extent necessary without affecting the remaining provisions.

23. Governing Law

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

Any disputes will be dealt with by courts or tribunals having jurisdiction in accordance with applicable Australian law.

24. Contact Us

If you have questions about these Terms, an order, return or warranty claim, please contact:

Murray Watersports
Australia