TERMS AND CONDITIONS

OVERVIEW

This website is operated by Aerial Supplies PTY LTD – ACN 629280511. Throughout the site, the terms “we”, “us” and “our” refer to www.aerialsusa.com Aerial Supplies PTY 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.

SECTION 1 – DISCLAIMER

Purchasing any aerial equipment is a responsibility, it is not to be taken lightly. Please ensure you understand within the terms and conditions your responsibilities as an owner of aerial equipment regarding professional training in use and rigging, care of equipment and any ongoing maintenence to ensure your safety. Whilst Aerial Sports are fun, they are also dangerous & www.aerialsusa.com takes no responsibility for the use or misuse of purchased equipment. Please refer to terms and conditions. When you receive your order, please check your products immediately and if there are any damages, wrong colours, issues with your order, ensure you contact us immediately to initiate a replacement and we happily organize this for you. Any concerns after use, are your responsibility as we do not take liability for misuse after using. Your safety is our priority, but your responsibility.

Please ensure you check your equipment before every use to ensure your safety, including checking fabric in its entirety for nicks, holes, or any damages, checking tabs on lyras for any cracks or disformation, checking all hardware for deformation and ensuring all hardware closes correctly and solidly. Always re-rig your products before every use to ensure nothing is loose. We take no responsibility of damages after items have been used. You must receive professional training before using any product and advice in both the use and the rigging of the equipment you purchase, and hire a professional installation of your products. You must recieve professional advice regarding weight limits, max load limits and usage based on the information covered within the terms and conditions. You must always use an aerial approved crash mat while using any products for your safety. Using any product is at your own risk.

You must always receive a professional and qualified opinion regarding rigging, setting up hardware, products, load limits, safety to your personalised environment and planned setup. Any information we give you regarding these is only a guideline and you must do your own research to receive a professional opinion and customised plan.

Aerial Supplies PTY LTD is not liable for any injuries or death relating to the use of products purchased from our site.

SECTION 2 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state 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).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 – GENERAL CONDITIONS

Use of www.aerialsusa.com is restricted to your personal use. You shall not use www.aerialsusa.com 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 portion 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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

These Terms of Service stated herein and our Privacy Policy contain the entire agreement between you and aerialsaustralia.com.au relating to your use of the website and supersede all prior or concurrent communications and proposals, in any form, between you and www.aerialsusa.com 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.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

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.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

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.

SECTION 6 – PRODUCTS OR SERVICES

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 may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

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.

SECTION 7 – SHIPPING POLICY

Aerial Supplies PTY LTD strives to ship from one of our local warehouses via standard or express shipping, or using a courier for larger items, however in the rare circumstance stock is unavailable we may ship directly from our secondary warehouse in Shanghai with express shipping to ensure your product is delivered quickly. Aerial Supplies PTY LTD reserves the right to alter the shipping carrier at any time without notice, depending on stock availability and destination country.

Whilst we strive to have most products in stock, influx of orders can occur, especially during busy times such as Christmas, Black Friday, School Holidays, etc. Keep in mind most of our products are customised, so we need to include this in our processing time however we strive to get your order out as soon as possible. We do not manufacture orders on Public Holidays or Weekends and times where Public Holidays fall, may result in a longer manufacturing time.

Hoops, fabric products and hardware can take anywhere from 3-7 business days to either manufacture or process, and 3-7 days from there to arrive via post or Courier for most metro areas.

For freestanding rigs, processing and delivery time may take up to 4 weeks, however usual timeframe is 24 hours to one weeks to send out depending on influx of orders and due to being a large item.

For international orders, delivery time may take up to 3-4 weeks from shipping date.

For international express courier orders, delivery time may take up to 1-2 weeks from shipping date.

Please refer to your countries guides for details on restrictions to your country.

Please be aware for international customers to check your countries import fees and tax regulations – this is not our responsibility and we take no responsibility for customs, taxes, or any fees after purchase and leaving our hands.

SECTION 8 – PAYMENT POLICY

Aerial Supplies PTY 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 date the payment is processed. In the case of chequing accounts, this also may be applicable.

We accept payments from all major credit cards, paypal and paypal express and afterpay.

SECTION 9 – REFUND POLICY

By agreeing to these Terms of Service you agree to our Refund Policy (“Refund Policy”).

Aerial Supplies PTY LTD does not accept refunds if you change your mind, ensure you choose your product with thought and care.

Aerial Supplies PTY LTD thoroughly check each order before shipping to ensure quality standards. We accept and process refunds only if your product is defective on arrival, on our end, or you have received the wrong product by accident. We CANNOT and DO NOT accept, Failure to pickup, Change of mind due to Health & Product Safety Procedures, We are NOT liable if the postal service or another courier has damaged or lost your parcel – at this point it is out of our hands and you must follow through with the postage company for a refund. Please notify us within 14 days of paying for the product if any of the above is applicable and you wish to return your product due to the defective or wrongly shipped product to us within 14 days of receiving the product and notification.

You will need to provide the following information before we can consider a refund or replacement:

• Invoice number
• Name of customer
• Date of receiving the product
• Reason for return

If the Returned products will be thoroughly assessed for reason of return. If you return a product due to defects on arrival but we find that the product is in full working condition or any defects or damage were during transit or caused after you received the product, no refund will be offered and it will be returned to you at your own cost. Be knowledgeable that we can see if your product has been used and it is not an honest return. In this case, no refund will be offered and the product will be sent back to you at your own cost.

If the product is genuinely defective or you received the wrong product, we will offer you to choose either a replacement product or store credit to the purchase value.

You are responsible for all the costs associated with the return of the product 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.

For all refunds, we deduct a 50% restocking fee to cover all expenses and fees additional for this product & proceedings. Wrong Products at our fault will be covered 100% by www.aerialsusa.com.

SECTION 10 – 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 judgment, 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.

For more detail, please review our Return Policy.

SECTION 11 – USE OF CONTENT

www.aerialsusa.com authorizes the use or download of a single copy of the content and materials on the www.aerialsusa.com website solely for personal, non-commercial use, if the following copyright notice, or substantially similar notice, is placed at the end of the content or material: “© 2018 Aerial Supplies PTY LTD”.

The content and material contained on www.aerialsusa.com is protected by copyright under Australian and International laws. Title to such content and material remains with aerialsaustralia.com.au or their legal owners. Any use of the content and material not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark, and other laws. All content and material is subject to change or termination without notice in www.aerialsusa.com sole discretion.

SECTION 12 – CARE OF EQUIPMENT POLICY

For all our products, You must:

• Avoid using in direct sunlight. This may fade or weaken the fabric or colour or weaken joins. We recommend indoors or in shade.
• For fabrics: Wash only delicately by hand in a cold wash. Avoid detergents. Do not put in a dryer or dry in sunlight – shade only
• We STRONGLY advise to never wear jewellery, zips, hair clips, or any item that may tear or nick the fabric. If this occurs, discontinue use immediately. We are not liable for any damages made after your product is rigged up and used.
• Check ALL your equipment before every use for damages and correct rigging and 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 to ensure the hardware and rigging is secure – do not leave hung up or set up as this may alter the security of items such as screw carabiners and maillons, rigs/stands, fabric strength and security
• If you ever experience nicks, rust, breakage, seized hardware or anything that perks concern, immediately discontinue use.

We advise replacing silks, hammocks, and hardware after 12 months to ensure safety regardless of their condition or immediately when damage occurs and advise to get your lyras and rigs/stands professionally checked in their entirety by a fabrication engineer, every 6 months to ensure safety and no cracks or damage, and recommend replacing lyras and rigs/stands every 24 months regardless to ensure safety.

Our silks fabric comes unhemmed and are for training purposes.

SECTION 13 – Safe use & product policy

Our products are load/strength/grab tested by us and our suppliers and various products are certified by either”AIR AND LIFT GEAR MAROOCHYDORE”, and “NTEK”, they confirm and determine equipment is rated to breaking load as follows –

• Silks/Hammocks – 900kgs
• Lyra – 500kgs
• Figure 8 – 30KN
• Swivel – 30KN
• Carabiner – 25KN
• Daisy Chains – 12KN

Our swivels, carabiner and figure 8 are all CE Certified with documentation as the company legally has determined. www.aerialsusa.com has documentation for ratings. If you are using our products commercially and need documents in your name, you will need to purchase your own products and complete your own load testing and certification, or alternatively, we can get the products tested with on your behalf and at your cost. Please understand that load ratings are to the best of our ability and are given in good faith.

We follow the rule of 11/1 for breaking load to max human weight for product. Ensure you know your weight and the products breaking load before any use and recieve professional advise regarding this. Your safety is of utmost importance.

We do not recommend using any product for doubles aerial arts unless specifically specified. Please ensure you understand what these ratings mean and determine how you use your products. When we pair hardware, we always ensure it’s paired correctly for max weight and safety.

Rigs should only be used for aerial yoga, or static silks or lyra tricks, or conditioning. They are not suitable for drops, dynamic tricks or impact pressure.

Always use an aerial approved crash mat with any products purchased from this site.

Our lyras(hoops) are produced with exact sizes of the inside diameter in mind, however please allow 1-3cm in variation due to the nature of the weld. Lyra’s are made with stainless steel through the hoop, and the steel welded tab may be sealed with paint to avoid surface rust. Whilst it is only aesthetic, you may need to re-coat your tab depending on location (ie salt air), use,storage etc.

Our longer silks fabrics may have up to 1 metre excess as they are measured by hand. We will never measure less, but please keep this in mind when ordering as occasionally there could be minor human error in length. Our fabric for both silks and hammocks are a low stretch length, mid stretch width 40Denier Nylon Tricot.

SECTION 14 – 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.

SECTION 15 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 16 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS

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.

SECTION 18 – 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, provincial or state 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.

SECTION 19 – 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. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall www.aerialsusa.com, 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.

SECTION 20 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless aerialsaustralia.com.au 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 reasonable 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.

SECTION 21 – SEVERABILITY

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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 – TERMINATION

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 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).

SECTION 23 – ENTIRE AGREEMENT

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.

SECTION 24 – 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 the Province of Ontario, 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 Ontario, Canada.

SECTION 25 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 – PRIVACY AND DATA

We do not collect personal information when you visit the www.aerialsusa.com website unless you 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. 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. Ie, the shipping carrier for delivery of 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 solely to respond to your enquiries.

For credit card transactions, your information is secured by using 2048 bit Secure Sockets Layer (SSL) technology, which encrypts information you input.

SECTION 27 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]