Terms & Conditions

1. Agreement

1.1. These Terms and Conditions apply to you, the Website user and your usage of the Hip Industries Website and associated software, networks and processes, including the purchase of goods or services through the Website.

1.2. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.

2. Interpretation

2.1. In these Terms and Conditions:

“Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable).

“Customer” means the person or legal entity identified in a Hip Industries quote, invoice or sales document.

“Delivery Cost” means the costs associated with delivery as specified in an Order.

“Goods” means the Products listed in an Order.

“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).

“Hip Industries” means Hip Industries Pty Ltd (ACN 140 453 292)

“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.

“Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.

“Products” means any items listed on the Website (for sale or otherwise), including extended warranties.

“Website” means the internet sites located at the URLs www.hipindustries.com and www.hipindustries.com.au and operated by Hip Industries.

2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supercedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

3. Site Use

3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Hip Industries will not be responsible for the content or privacy practices associated with linked web sites.

3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.

3.3. You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Hip Industries takes no responsibility for any such damage which may arise in connection with your use of the Website.

4. Pricing

4.1. All prices listed on the Website are specified in the currency selected on the top right box of the Website. The default currency is in Australian dollars.

4.2. All prices listed on the Website include GST unless otherwise specified.

4.3. All prices displayed on the Hip Industries website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

4.4. If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.

4.5. You agree to pay delivery charges as they are listed in the Order confirmation at the time of purchase.

5. Product Specifications

5.1. Features and specifications of Products described or depicted on the Website are subject to discontinue or change without notice.

6. Orders

6.1. You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and clicking the ‘confirm’ button.

6.2. Orders will be deemed to have been received by Hip Industries at the time Hip Industries sends an Order confirmation to your nominated e-mail address.

6.3. Hip Industries is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4. Each Order (once confirmed) represents a separate agreement.

6.5. Hip Industries reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.

6.6. Hip Industries, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.

6.7. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.

6.8. Hip Industries reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.

6.9. Hip Industries accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

7. Payment

7.1. You may provide your nominated credit card during the purchase process described on the Website.

7.2. Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.

7.3. If your nominated payment method triggers Hip Industries internal suspect transaction protocols, Hip Industries may contact you to confirm additional details, or rescind the transaction.

8. Delivery and ownership of the goods

8.1. Hip Industries tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. Hip Industries does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

8.2. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Hip Industries and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 2 weeks, customers will be notified by e-mail at the e-mail address nominated in their Order.

8.3. Title and risk in the Goods pass to the customer on signing for delivery of the Goods.

8.4. Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.

8.5. Hip Industries’ nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday)

8.6. Hip Industries is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer’s responsibility to liaise with Hip Industries’ nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Hip Industries to a customer in relation to delivery will be from a third party, and as such Hip Industries will not guarantee the accuracy of such information.

9. Faulty or damaged goods

9.1. Hip Industries will replace damaged or faulty Goods in accordance with these Terms and Conditions

9.2. Where a Good is faulty within the first 14 days after delivery or is already damaged on delivery, and the customer notifies Hip Industries of that fault within the first 7 days after delivery and posts the item back to us in the condition it was received, then Hip Industries will:

(a) Replace the faulty Good with a new replacement; or

(b) If Hip Industries is unable to provide a new replacement, Hip Industries will refund the customer 110% of the purchase price and the Delivery Costs.

9.3 Where a replacement Good is available, and the Customer elects to receive a refund instead of a replacement Good, the refund will be for the amount of the purchase price excluding the Delivery Cost.

9.4 The 14 Day period will commence on the date that the Customer accepts delivery of their Hip Industries Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.

9.6 Where Goods are already Faulty or Damaged Goods upon delivery, Hip Industries requires photographic evidence of the damage to be e-mailed to support@hipindustries.com.

9.7 Hip Industries reserves sole discretion to determine whether the Goods are Faulty or Damaged Goods in accordance with this clause 9. Hip Industries reserves the right to have a Good assessed by an authorised repair centre of Hip Industries’ choice.

9.8 Hip Industries may seek reimbursement of any costs incurred when the Product is found to be in good working order.

10. Refunds and returns

10.1. Other than in accordance with Hip Industries’ 14 Day Money Back Guarantee, Hip Industries does not provide refunds.

10.2. Other than in accordance with clause 9, Hip Industries will only accept the return of Goods that have been supplied incorrectly.

10.4. In order to facilitate a return under these Terms and Conditions, e-mail support@hipindustries.com.

10.5. The customer must comply with directions from Hip Industries staff to facilitate a return.

10.6. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.

10.7. It is the customer’s responsibility to ensure that returned items are returned safely. Hip Industries takes no responsibility for items lost in transit.

11. Intellectual Property

11.1. All Intellectual Property in any Material on the Website is the property of Hip Industries. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.

12. Indemnity

12.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against Hip Industries which are connected with, arise out of, relate to or are incidental to the use of the Website.

12.2. You agree to indemnify and to keep indemnified Hip Industries and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Hip Industries arising out of or in connection with the your use of the Website and the use of any Hip Industries Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).

13. Liability

13.1. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Hip Industries (in negligence or otherwise) is limited (at the option of Hip Industries) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Hip Industries shall not be held liable for any indirect or consequential loss.

13.2. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Hip Industries (in negligence or otherwise) is limited (at the option of Hip Industries) to these Terms and Conditions and those listed in related Hip Industries warranties.

14. Privacy Policy

14.1. At Hip Industries, we value our relationship with you and the other users of this website. We recognize that you may be concerned about our collection, use, and disclosure of your personally identifiable information that we may collect when you use the Web Site. Accordingly, we have implemented this Privacy Policy to inform you of the information that we collect from you, how we collect this information, and what we do with it after we collect it. If you have any questions or comments regarding this Privacy Policy, please contact us at sales@hipindustries.com

14.2. We gather personal information about our Customers for the purposes of:

(a) marketing, supplying or delivering our Products to you;

(b) carrying out repair work (both in and out of warranty repairs);

(c) improving and developing our Products; and

(d) expanding our business.

14.3. At Hip Industries, your personal information is treated with the greatest of care. Sensitive payment information such as credit card details is NEVER stored on the Internet with our system. Once you type your information, it is sent instantly, encrypted, direct to our order processing system. We employ the latest 1024-bit encryption technology in all areas of the site which require you to provide payment information.

14.4. This is done to protect you from unauthorized use of the information you are sending to our server. This website is registered with site identification authorities to enable your browser to confirm our security identity before any transmission is sent. With this technology, the identity of this site is automatically confirmed behind the scenes prior to the transmission of any sensitive information requested to complete an online order. This also ensures that your data reaches your intended target or your browser notifies you that the potential receiving site looks suspicious and should be avoided.  Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of personal information. The Hip Industries website encrypts sensitive information wherever Hip Industries requests it.

14.5. You will be included in our email newsletter mailing list if you subscribe to our newsletter or if you make a purchase from us or have requested that we notify you of our products. Our newsletters may include special offers, competitions, new product arrival alerts and other communication related to our services or the products we offer. All of our newsletters we send contain a link to unsubscribe. This will always be clear and easy to locate. You may unsubscribe from any mailing list whenever you wish and you will be immediately removed as per your request. 

14.6. Hip Industries is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.

14.7. Hip Industries will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 14.

14.8. The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.

14.9. We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party repairer to provide repair services. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.

14.10. You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact us by e-mail at sales@hipindustries.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it. A $30 administration fee will be charged for the retrieval of any personal information.

15. Gift Vouchers

16. General

16.1. Hip Industries reserves the right to make changes to these Hip Industries Website and Order Terms and Conditions without notice.

16.2. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.

16.3. A failure or delay by Hip Industries to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Hip Industries does not preclude its future ability to exercise that or any other power or right.

16.4. This agreement is governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.