TERMS OF SALE

Effective: November 1, 2022

Aloha! Maui Jim Australia Pty Ltd (with its affiliates and related bodies corporate, collectively, “Maui Jim,” “we,” “us”, or “our”) is pleased to offer you its products for purchase, subject to these Terms of Sale (these “Terms of Sale”).

If you have any questions or concerns, please contact us by email at sales.au@mauijim.com or by calling us at 1800 400 887. Many mahalos (“thank you” in Hawaiian) for your interest and cooperation!

Important Information

Please read this document carefully. It contains very important information about your rights and obligations, as well as limitations and exclusions with respect to the purchase of Maui Jim products. If you do not agree with these Terms of Sale, do not order / purchase / keep the product.

This is a legal agreement. By placing an order for a product, you are accepting and agreeing to these Terms of Sale. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms of Sale. You represent that you are of sufficient legal age in your jurisdiction or residence to purchase and use the products and to enter into such agreement. Alternatively, if you are under such age, your parent and/or legal guardian must consent to your purchase and use of the products and/or purchase the products on your behalf. If you do not have the right, authority and capacity to agree to these Terms of Sale and/or do not agree with any of the provisions of these terms, you should not purchase the products.

We reserve the right to change these Terms of Sale at any time, so please review the Terms of Sale each time prior to making an online purchase from Maui Jim. Every time you order products from us, the Terms of Sale in force at that time will apply between you and us. The effective date set out above will reflect the date we last revised these Terms of Sale.

The disclaimers, exclusions, and limitations of liability under these Terms of Sale will not apply to the extent prohibited by applicable law.

Please note that any purchase of products and Maui Jim's relationship with you is also governed by the Maui Jim Terms of Use and the Maui Jim Privacy Policy, which are incorporated into, and form part of, these Terms of Sale.

1. Orders:

1.1 Maui Jim may accept your offer to purchase products from the Maui Jim website (the “Website”), subject to these Terms of Sale. At that time, we or our designated fulfillment provider will capture payment on the payment card you provide and ship your product. We may obtain an additional authorisation from your payment card company to confirm necessary funds are available to purchase the products requested.

1.2 We reserve the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order. If an order is cancelled by us, and payment has been processed, we will refund your payment for that order.

2. Payment:

2.1 By providing a payment card (e.g. credit card) or other payment method accepted by Maui Jim, you represent and warrant that you are authorised to use the designated payment method and you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges).

2.2 If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem Maui Jim encounters in order to proceed with your order.

2.3 To the extent Maui Jim provides a means to do so, in the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.

3. Availability and Pricing:

3.1 All Maui Jim products offered on the Website are subject to availability, and Maui Jim reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain products without prior notice.

3.2 Prices for products are subject to change at any time, but changes will not affect any order for Products you have already placed.

3.3 Unless expressly stated otherwise, prices on the Website are:

  1. in Australian Dollars;
  2. inclusive of any applicable taxes, including GST; and
  3. exclusive of any shipping and delivery costs.

3.4 We reserve the right at any time to modify or discontinue all or part of our products and services without notice at any time.

4. Resale and Risk and Title Transfer:

4.1 Purchases made on the Website are intended for end users only and are not authorised for resale.

4.2 The products will be at your risk from the time of delivery to the delivery address specified by you. Title for products purchased from the Website passes to the purchaser at the time of delivery by us to the carrier.

5. Shipping and Delivery:

5.1 Our delivery charges (if any) and shipping methods are as described on the Website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. We are not liable to you, to the extent permitted by law, in relation to any delayed, lost, incomplete or erroneous deliveries, including where you have failed to provide us with accurate details and/or failed to update your details (including your name, email and/or delivery address). Where you notify us of any delayed, lost, incomplete or erroneous deliveries, we will provide you with reasonable assistance as may be necessary.

5.2 Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.

5.3 You are responsible for complying with the applicable laws and regulations of Australia. We are not liable or responsible if you break any such law.

6. Product Warranty:

6.1 In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

6.2 The warranty set out in the remainder of this clause 6 is in addition to your rights under any applicable laws, including those set out in clause 6.1.

6.3 Maui Jim provides a warranty on Maui Jim frames and Maui Jim lenses to the original purchaser of same, for two (2) years after the date of purchase against manufacturer's defects in materials and workmanship. Maui Jim will replace or repair, at its option, any frame or lens covered by this warranty that is found to be defective.

6.4 Damage resulting from alteration of frames or lenses (including damage resulting from installation of lenses), improper or unreasonable use, or from normal wear and tear (including accidental breakage), is not a manufacturer's defect and is not covered by this warranty.

6.5 The above warranties are only provided to the original purchaser of a Maui Jim product covered by the warranties. Except for the warranties stated in these Terms of Use and/or that are prescribed by any applicable laws, Maui Jim provides no other warranties on its products. Your use of our products is at your own discretion and risk. You will be solely responsible for (and we disclaim) any and all loss, liability, or damages resulting from your use of a product.

6.6 To submit a warranty claim under this clause, you must follow the process set out here.

  1. Contact our customer service team at sales.au@mauijim.com or on 1800 010 244.
  2. Our customer service team will provide you with further instructions regarding the warranty claim process, including your obligation to provide proof of purchase, details of the warranty claim, and your contact details.
  3. When you send the product back, you must send it to:
    Maui Jim Australia Pty, Ltd.
    Unit 6, 25 Frenchs Forest Road
    Frenchs Forest NSW 2086

6.7 Maui Jim charges a processing fee for each warranty claim. You will be advised of the fee during the warranty claim process, prior to incurring the charge.

6.8 Subject to you providing us with proof of costs, we will reimburse you for any reasonable postage / freight costs incurred in returning the product to Maui Jim.

7. Repairs:

7.1 The repair rights set out in this clause are in addition to your rights under any applicable laws.

7.2 If you experience a problem with a Maui Jim product that is not covered by the warranties above, Maui Jim may still be able to assist in repairing the product, at our sole discretion.

7.3 There is a form available on Maui Jim's website to submit a repair request: https://www.mauijim.com/AU/en_GB/repairs. Upon submission of the form, you will be sent an estimate for the cost of the repair.

8. Returns:

8.1 The right to return a product and obtain a refund set out in this clause is for a change of mind return and is in addition to the warranty claims set out above, and/or your rights under any applicable laws.

8.2 Subject to clause 8.3, Maui Jim will accept return of any product purchased directly from Maui Jim within 30 days of the date of your purchase if the product is undamaged, unused, in its original packaging and in new condition.

8.3 To submit a return under this clause, you must follow the process set out here.

  1. Contact our customer service team at sales.au@mauijim.com or on 1800 010 244.
  2. Our customer service team will provide you with further instructions regarding the return process, including your obligation to provide proof of purchase and your contact details.
  3. When you send the product back, you must send it to:
    Maui Jim Australia Pty Ltd.
    Unit 6, 25 Frenchs Forest Road
    Frenchs Forest NSW 2086

8.4 Any refund will be issued by the same payment method you made the purchase with.

9. Limitations of Liability:

9.1 These Terms of Sale of Use do not limit or exclude any non-excludable rights you might have under any applicable law, including under the Australian Consumer Law.

9.2 To the fullest extent permitted by law:

  1. your use of the Website and purchase of our products is at your own risk;
  2. while we try and ensure that all details, descriptions and prices on our Website is accurate, we are not liable for any errors that may occur and we do not warrant that product descriptions or are accurate, complete, reliable, current, or error-free;
  3. Maui Jim cannot guarantee that your computer monitor's display of any colour will be accurate and, to the extent permitted by law and we are not liable to you for any such inaccuracy; and
  4. information and/or materials provided through the products and services is general in nature and subject to change and we have no obligation to verify and/or update such information or materials.

9.3 To the fullest extent permitted by law, and except where otherwise set out in these Terms of Sale:

  1. we expressly disclaim all warranties, express or implied, of any kind with respect to our Website and the products and services, including without limitation that the Website will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the Website, or use of the information, content, service, or products provided through our websites; and
  2. in no event will we (our directors, officers, employees, representatives, suppliers, or licensors) be liable for any direct, indirect, consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the products, even if we knew or should have known of the possibility of such damages;

9.4 Where our liability cannot be limited or excluded in accordance with the above, and to the extent permitted by law, our total cumulative liability arising from or related to the products, whether in contract or tort or otherwise, will not exceed the amounts actually paid by you to us (or our authorised designee) for the product at issue.

9.5 This limitation is cumulative and will not be increased by the existence of more than one incident or claim.

10. Force Majeure:

10.1 Maui Jim shall not be liable for failure to perform by reason of strikes, fires, floods, unavoidable accidents, wars, delays in transportation, acts of God, or other causes beyond its reasonable control.

10.2 In connection with the foregoing, you acknowledge that delivery of the products is contingent upon Maui Jim's ability to obtain supplies, raw materials, and services through its regular and usual sources and so, if for any reason beyond Maui Jim's control, Maui Jim is not able to meet anticipated deliveries, Maui Jim will not be liable and may postpone the delivery date(s) for a reasonable period of time under the circumstances.

11. Reservation of Rights:

11.1 Maui Jim reserves the right to sell or not sell its products to any person and/or to limit the order quantity on any product. If Maui Jim believes you are abusing the above policies, then Maui Jim might not sell products to you in the future.

12. Severability and Waiver

12.1 If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Sale to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

12.2 No waiver of any breach of any provision of these Terms of Sale shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.

13. Governing Law:

13.1 These Terms of Sale are governed by, and construed in accordance with, the laws of New South Wales, Australia and applicable federal laws and applicable federal laws of Australia.

13.2 You irrevocably consent to the exclusive jurisdiction of the courts of New South Wales, Australia for purposes of any legal action arising out of or related to these Terms of Sale or the sale of Maui Jim products.

14. General

14.1 Nothing in these Terms of Sale will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.

14.2 These Terms of Sale contain the entire understanding between Maui Jim and you concerning the subject matter of the agreement and supersedes all prior communications.

14.3 Any failure by us at any time to enforce these Terms of Sale or any rights will not be a waiver of such rights or affect the validity of these Terms of Sale.

14.4 We may assign our rights under these Terms of Sale without your approval.

14.5 Please contact Maui Jim with any questions regarding these Terms of Sale, at sales.au@mauijim.com.