Welcome to Bombora Marine.
- Bombora Marine® specialises in bringing innovative marine and sailing hardware and/or new brands (together the “Product”) to market. Feedback and suggestions are welcome and passed onto the manufacturer or designer where appropriate.
- Bombora Marine® comprises the registered business, the registered business owner when acting for and on behalf of the registered business, any person authorised by Bombora Marine to act for and on behalf of Bombora Marine, and any website, webpage, e-commerce store, e-marketplace, or domain name, (together the “Website”) operated and/or used by the registered business owner or authorised person for Bombora Marine.
- In these terms and conditions (the “Terms”) the words “Bombora Marine”, “us”, “our”, “we” and/or “business” refer to Bombora Marine. Headings and capital letters are for ease of reference only and do not affect the interpretation of the Terms. Words in the singular include the plural meaning, and words in the plural include the singular meaning.
- Your access to and use of the Website, and your order of and use of a Product made available by Bombora Marine is subject to these terms. Bombora Marine reserves the right to review and change any or all of the Terms by updating the Terms at its sole discretion. Any changes take immediate effect from the date of their publication. Should you not agree with these Terms please do not use the Website or order a Product from us. Please check these Terms for updates each time you wish to deal with Bombora Marine.
- The Australian Business Number (ABN) of Bombora Marine is 62549935029. Bombora Marine is a registered trade mark.
- The Website is for your general information and use only and is subject to change without notice. You acknowledge that the Website may contain mistakes, inaccuracies or errors.
- You may only download content or use the Website for personal use. You agree not to use any content or use the Website for commercial purposes without our written agreement. You may only use the website for lawful purposes. Unauthorised use of the website may be an offence or may give rise to a claim for damages.
- The Website may include links to other websites or content which are not controlled or managed by us. These links are provided for your convenience. They do not signify that we recommend or endorse those websites or content. We have no control over the nature, content and availability of those websites and you acknowledge that they are used at your own risk.
Orders and availability
- Images made available on our Website are for illustration purposes only and may differ in size to the Product ordered or vary slightly in colour. Please refer to the Product description to ensure you are ordering the correct Product.
- Product availability is subject to change without notice. While we endeavour to make sure any notice of Product availability is accurate, there may be a change between the time you consider a Product and commit to purchase. We may reject or limit any order you place with us without giving any reason. If we are unable to fulfil your order we will notify you as soon as possible. If a payment has been made we will process a refund in accordance with our Refund policy.
- Prices are subject to change without notice and if applicable include the Australian Goods and Services Tax (GST). Unless otherwise stated prices are in Australian Dollars.
- The quoted price for a Product which is custom ordered may vary from the price of the same or a similar Product available on our Website. A quote for a custom order is valid for 30 days however we reserve the right to amend that quote in case of a mistake in the price, or changes in freight forwarding or delivery prices and foreign currency exchange rates.
- When a custom order is confirmed we will inform you of the expected delivery timeframe, however we will not be held liable for any delays which may include and/or be caused by the manufacturer, designer, freight forwarder, customs controls, etc.
- Full payment for all orders is required before dispatch. Custom orders require a deposit of 50% as confirmation of your order with the balance due when your order is ready for dispatch. At our discretion we may request a smaller deposit or no deposit at all.
- Payments may be made by depositing or transferring payment to the bank account of Bombora Marine or as agreed. Any cost with making the payment is for the charge of the customer.
- You will be issued with an invoice or proof of your purchase.
Dispatch and Delivery
- Domestic orders are usually sent one business day after cleared payment. Delivery within Australia usually takes 3 business days, however more remote areas will likely take longer as will deliveries during holiday periods.
- International orders are on a case-by-case basis. Please contact us for exact delivery cost and whether service is available to your location.
- The method and company we use to send your order, as well as any insurance options will be at our sole discretion. We may however provide you with a selection of delivery and insurance options. Bombora Marine is not the provider of the delivery service or insurance options, is merely facilitating the delivery of your order, and is not responsible for any postal, courier, or shipping delays beyond our control.
- To protect from fraud we may be required or instructed to delay the dispatch or delivery of an order and/or conduct additional checks including confirmation of identity checks.
Lost in transit, damaged or not as ordered
- On receipt please inspect your order. If any Product is lost in transit, arrives damaged, or is not as ordered or described, please contact us as soon as possible so that a replacement may be organised.
- For a lost or damaged Product we may need to request your participation to make a claim with the delivery service and/or insurance company.
- For a damaged or incorrectly supplied Product we may arrange for the Product to be returned to us. The damaged or incorrectly supplied Product must be promptly made available for return and be returned in the condition received with all original packaging, accessories and/or manuals.
Returns and Refunds
- We will accept the return of a Product within 30 days for change of mind and provide you with a full refund less any delivery charges. This is provided the Product is unused, undamaged, and the packaging unopened and in saleable condition. You acknowledge and agree that you are liable for the return of the Product, and for any postage, insurance and/or shipping costs associated with any return pursuant to this clause.
- Refunds will be made by the same method of payment you used when you made your original purchase unless that method is unavailable in which case we will at our sole discretion select another means to refund. Refunds will normally be processed within seven (7) days once the Product has been returned or order cancelled.
- In all cases please contact us first to organise the most effective means to arrange a return.
Loads on equipment
- Products made available by Bombora Marine are designed for normal sailboat recreational applications. Using a Product which is undersized or outside of its specifications may shorten its working life, result in additional friction or stress in the Product, or cause additional friction or stresses in equipment to which it is connected.
- Loads on boating equipment can be significant and shock loading from heavy winds or seas can suddenly increase that load to an extremely high level. Never exceed the capacity or load rating of the Product as this may cause the Product to fail suddenly and unexpectedly. None of our Products are designed or certified to be used for human suspension.
- Load is variously described as working load (WL), maximum working load (MWL), or safe working load (SWL). The breaking load (BL) is the load at which the Product is likely to fail and is much higher than the highest load that it should ever experience. The breaking load should never be considered when selecting your Product.
- Installation and servicing must be performed by a qualified shipwright and in accordance with the manufacturer’s or designer’s specifications. It shall be your responsibility to ensure that the Product meets your specific requirements.
- Where a Product benefits from a manufacturer’s warranty we will pass on the benefit of that warranty to you without being directly liable to you under any warranty.
- This warranty is in addition to rights available to you under the Australian Consumer Law consumer guarantee: 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.
- If not otherwise stated in the Terms, or provided by law, a Product provided by Bombora Marine has a 12 month warranty period.
- Master International: three years.
- Trogear Marine Products: three years.
- VMG Yacht Design: two years.
Repair or replacement of a defective Product under Warranty
- Should there be a material defect in the materials and/or workmanship of the Product, and subject to our acceptance of a Warranty claim during the Warranty Period, we will at our sole discretion repair or replace any defective Product or part thereof with a new or remanufactured equivalent at no charge to you for parts or labour.
- A Warranty claim must be made within the Warranty Period which begins from the date of purchase of the Product. To make a Warranty claim you must include proof of purchase, date of purchase, the price paid, and a brief description of the fault. You must immediately cease use of the Product.
- The Warranty does not apply if the Product:
- was made defective or became damaged due to being improperly fitted, improperly maintained or improperly operated (including failing to follow the Product’s installation manual or user guide), as a result of corrosion, ultra violet light degradation, or wear and tear,
- has been modified, misused, abused or used in any application for which it was not intended, or used in conditions that exceed the Product’s specifications or capacity, or other than for normal sailboat recreational use,
- was already defective or damaged and this was specifically brought to your attention prior the purchase of the Product.
- To submit a Warranty claim please provide the required information to:
- firstname.lastname@example.org, or
- Bombora Marine - PO Box 458 - Spit Junction NSW 2088.
- You acknowledge that you are solely liable for any removal costs of the Product, and any postage or shipping costs incurred in facilitating the Warranty Claim.
- Where a claim has been made and the Product has been assessed as having been damaged by misuse or accident, or where your rights under the Australian Consumer Law or any manufacturer’s warranty do not apply, you may be required to pay assessment, labour, and/or freight costs.
Copyright and Intellectual Property
- The Website and content provided by Bombora Marine through the Website is owned by or licensed to us, or its use has been granted to us. Many of the Products we offer are protected by patents or have a patent pending approval.
- The Website and content is protected by copyright under the laws of Australia and through international treaties. Any reproduction, whether in whole or in part, is prohibited other than in accordance with these Terms. Content includes, but is not limited to, text, design, layout, appearance, look, and graphics. Should there be content which you believe belongs to you and for which you believe we may not have permission to use please advise us immediately.
- Nothing you do on, in relation to, or through the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Bombora Marine or their respective owners,
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design,
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
Limitation and exclusion of liability
- Your use of any content, specifications or any information whatsoever made available by Bombora Marine through the Website or otherwise is subject to these Terms. It shall be your responsibility to ensure that such content, specifications or information meets your specific requirements. While we take care to ensure that the Product is fit for purpose and free from defects you acknowledge that there may be additional risks in ordering and using such a Product.
- You agree that we are not responsible or liable for any loss including indirect or consequential loss, loss of contracts, loss of profits, any damage whether or not caused by or arising from a faulty, delayed or incorrect installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), or any cost or expense including legal costs and expenses (whether direct or indirect) regarding your use of a Product or the Website.
- You agree to indemnify us from and against any and all claims, investigations, inquiries, threats, suits, damages, liability, costs and expenses incurred, suffered or expended by or threatened against us with respect to or arising either directly or indirectly out of inappropriate use of a Product supplied by us to you or your use of the Website.
- Our liability shall be limited to the value of the defective Product.
- The Terms are governed by the laws of New South Wales, Australia.
- Any dispute, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- If any part of the Terms is contrary to or prohibited by law, or is deemed invalid or unenforceable by a court or tribunal of competent jurisdiction, that part shall be severed and the rest of the Terms shall continue to be valid and enforceable.
- Cookies may be used to monitor your browsing experience and preferences on our Website. If you allow cookies to be used some browsing information may be stored for use by us or third parties and which may include, but is not limited to:
- your server address
- your top level domain name (eg, .com, .gov, .au, etc)
- the date and time of your visit
- the pages accessed and documents downloaded
- the previous site visited, and
- the type of browser used.
- Your personal information including contact details will be treated as private and confidential and will only be used for the administration of your order (such as payment confirmation and deliveries), administration of your account, if you send us a message seeking further information, lodge a claim, ask to subscribe to our mailing list, or in exceptional cases of debt recovery or required by law.
- To order a Product from us you may either create a customer account, check-out as a guest, or contact us directly. Regardless of the method of ordering you agree to provide accurate personal details and contact information. The fulfilment of your order is conditional on the accuracy of the information you have provided us.
- If you open an account with us you are responsible for maintaining your account and the confidentiality of your password. You agree to accept responsibility for all activities that occur under your account and password and you must contact us immediately if you believe someone else has access to your Account. You are entitled to the access and correction of your personal information.
- We reserve the right to modify or terminate your account where the information provided is incomplete, incorrect, misleading, or we have not been able to contact you using the information you have provided, or where the account has been inactive for a reasonable period of time, or we believe your account is being used for purposes that do not comply with these Terms, or at our absolute discretion.
- We will not release any information provided by you to any other third parties except where provided by these Terms.