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Terms Of Service

DISCLAIMER

 

Purchasing any Aerial equipment is a responsibility; your safety is your responsibility. Please ensure you understand within the Terms and Conditions your responsibilities as an owner of Aerial equipment regarding professional training, rigging, care of equipment and ongoing maintenance to ensure your safety. Aerial Silks LTD. takes no responsibility for the use or misuse of purchased/given equipment. When you receive your order, please verify the products immediately and if there are any damages, mistakes in colours, issues, contact us immediately to organize a replacement. Any concerns after use, is your responsibility as we do not take liability for use, misuse or damage. Please ensure you check your equipment before every use, this includes checking the fabric in its entirety for holes/wear, or any damages and verify all hardware for deformation and ensuring that the hardware functions correctly. You must receive professional training before using any product and advice in both the use and the rigging of the equipment you purchase, hiring a professional for the installation of your products is highly recommended. Always seek a professional and qualified opinion regarding rigging, setting up hardware, products, load limits. Any information we give you regarding these is only a guideline and does not constitute actual advice for your given situation and environment, you must do your own research on what is appropriate for you. Using any aerial apparatus and rigging is at your own risk. Aerial Silks LTD. is not liable for any injuries or death relating to the use, correct or incorrect of products purchased from our site or otherwise. You agree to indemnify, defend and hold harmless Aerial Silks LTD. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

OVERVIEW

 

This website is operated by Aerial Silks Limited, referred to as Aerial Silks Ltd. Throughout the site, the terms “we”, “us” and “our” refer to www.aerialsilks.co.nz and its subsidiary domain aerialsilks.com.au and Aerial Silks LTD. Aerial Silks LTD offers this website, including all information, tools and services available from this site to you, the user (“You”, “you”, and “user”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or products which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


GENERAL CONDITIONS


Use of our websites is restricted to your personal use and shall not be used for any other purpose. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. These Terms of Service stated herein and our Privacy Policy contain the entire agreement between you and Aerial Silks LTD. relating to your use of the website and supersede all prior or concurrent communications and proposals, in any form, between you and Aerial Silks LTD. No other terms or conditions apply. You agree not to introduce into or through this website any information, content or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among others, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity. By agreeing to these Terms of Service, you agree that you are the age of majority in your country, state or province of residence, or that you are the age of majority in your country or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, photographs, or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


PRODUCT POLICY


Our fabrics may have excess (supplied longer than ordered) as they are measured by hand. For ombre and hand dyed hammocks and silks, the colours are a guide only. These are hand dyed by us and each product will be slightly different and may not appear exactly the same as the product image. We try our best to transmit an accurate representation of the product but please expect, and understand there will be differences with the colouring, colour overlays and patterns.

Some of our products are load/strength tested by a third-party or our suppliers and various products are certified. We take no liability/responsibility for the load capacity of any of our products, or their failure through responsible or irresponsible operation. The usage and application of products will vary their load capacities from their ratings (as an example: knots in fabric will reduce its load capacity).


The equipment is ratings are approximately:

  • Steel Carabiners        - MBS 25kN
  • Aluminum Swivel        - MBS 35kN   - WLL 5kN
  • 100cm Nylon sling      - MBS 25kN
  • Daisy Chain                - MBS 10kN End to End and 2.5kN per Loop
  • Padded Round Sling   - MBS 140kN - WLL 20kN
  • CT Cheese Plate        - MBS 30kN   - WLL 6kN
  • Nylon Tricot Fabric      - MBS 30kN   - WLL 9kN
  • CT Figure 8                 - MBS 25kN   - WLL 12kN
  • Winged Figure 8          - MBS 30kN

MBS (Maximum Breaking Strain) and WLL (Working Load Limit)


Load ratings are supplied to the best of our ability and are given in good faith. Ensure you know your weight, the dynamic forces affecting the equipment and the products load limits what these ratings mean before using any of them. Your safety is of utmost importance, check all equipment each time it is used. We do not recommend using/loading the products with more than one person unless specifically specified.


CARE OF EQUIPMENT


For all our products, you must:

  • Avoid using it in direct sunlight, this may fade the colour or weaken the fabric.
  • Do not leave any product in adverse weather, always pack away indoors in the dry after use.
  • For fabrics: hand wash in cold water. Avoid detergents. Do not put in a dryer or dry in sunlight – shade only.
  • We advise to not wear jewellery, zips, hair clips, or any item that may tear the fabric. If this occurs, discontinue use. We are not liable for any damages after you have taken delivery of your order.
  • Check your equipment before every use for damage and to ensure correct rigging, discontinue use immediately if damaged.
  • Ensure you understand and get professional advice regarding weight limits and max load on products.
  • Ensure you rig your equipment up each use (including attaching hardware, re-knotting fabric, attaching slings) to ensure the hardware and rigging and products are secure – do not leave hung up or set up as this may alter the security of items such as carabiners and maillons, fabric strength and security that you may not see when rigged.
  • If you ever experience damage to, rust, breakage, seized hardware or anything that is of concern, immediately discontinue use.

We advise replacing all Apparatus and Hardware after 12 months to ensure safety regardless of their condition or immediately when damage occurs. Ensure that you understand this policy, follow it, and be proactive with your safety. We are not liable for any damage or accidents with any product after.


SHIPPING POLICY


Aerial Silks LTD. generally ships with Courier Post or NZ Post for standard or express shipping. Whilst we strive to have most products in stock we can not guarantee availability even when our website states they are. Our products are customised and this may affect the processing time however our goal is ship your order as soon as possible. We can not ship on Public Holidays or Weekends and times where Public Holidays fall, may result in a longer lead time. Fabric products, especially Hand Dyed can take from 3-10 business days to either manufacture or process. For international orders, delivery time may take up to 3-4 weeks from shipping date. Free shipping applies to New Zealand and Australia only where stated and as stated. Buyers are responsible for any customs and import taxes that may apply. We are not responsible for delays due to customs or any other reason, foreseen or unforeseen.


PAYMENT, REFUND AND RETURN POLICY


Aerial Silks LTD. requires payment before we begin processing your order. If you have placed an order but payment has not been received yet, we will not confirm your order until the payment has been processed. In the case of bank transfer, this may also apply. We accept payments from all major credit cards. We accept and process refunds or exchanges only if your product is defective on arrival, or at our fault you have received the wrong product. We are not liable if NZ Post or another courier has damaged or lost your parcel – in this situation you must follow through with the postage company for a refund. Please notify us within 10 days of receiving the product if any of the above is applicable and you need to return or exchange your product. You must return the defective or wrongly shipped product to us within 10 days of notification. Returns after this time-frame will not be accepted. You will need to provide the following information before We can offer a refund or replacement: Invoice number, Name of customer, Date of receiving the product, Reason for return. Photo and/or video if asked of the “Reason for return”. If the product is genuinely defective at our fault or you received the wrong product, we will offer you to choose either a replacement product or store credit to the purchase value and we will send you out your new product, we cover the shipping fee if the mistake was ours. You are responsible for all the costs associated with the return of the product if it is not a fault on our end and we will not reimburse any associated cost until assessment has been made. We request products returned to be mailed by registered mail. We accept no responsibility for loss or damage occurring in transit and any problems regarding transit must be dealt with between you and the shipping company. As each piece is custom cut or dyed per order we do not accept exchanges. Please message us if you have any questions before you place Your order.


PRIVACY AND DATA - PRIVACY POLICY


We do not collect personal information when you visit our websites unless you fill in a web form, place an order or contact us via our contact form, in which your name, address, order details will be collected to process your order. Upon ordering, you will be prompted for the following personal information: your name, email address, mailing address, delivery address and phone number and any other information we require to process your order. We may share this information with third parties that are directly involved in the processing of your order and only for purposes relating to your order.  We do not share, sell, rent or barter any identifiable personal information to any third party without your permission. When you submit feedback or questions via email, we will request your name and email address. We use this information to respond to your enquiries and for promotional purposes.

PURCHASE AND ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


MODIFICATIONS TO THE SERVICE AND PRICES, ERRORS AND OMISSIONS


Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


THIRD-PARTY LINKS


Certain content, products and services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state/provincial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. The information on this site is provided “as is” and without warranties or conditions of any kind, either express or implied. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. In no case shall Aerial Silks LTD., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SEVERABILITY AND TERMINATION


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).


GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflict of law. You agree that any dispute, difference, controversy, or claim between us or by either of us against the other or the employees, agents, mandatories, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in New Zealand.


CONTACT INFORMATION


Questions about the Terms of Service should be sent to hello@aerialsilks.com.au