1.INTERPRETATION

1.1 In these terms and conditions, unless the context otherwise requires, the following terms have the following meanings:

1.1.1 “Products” means ION360 and accessories supplied for sale by us to you;

1.1.2 “us” or “we” means Tortuga Lab, a business name  registered in Australia with ABN # 71 716 475 233 

1.1.3 “Website” means the website through which we sell the Products or the Services: www.tortugalab.com .au and

1.1.4 “you” means the customer purchasing Products or the Services, and “your” shall be interpreted accordingly.

2. APPLICATION OF THESE TERMS

2.1 These terms and conditions (the “Conditions“) apply to the sale Products and (where available) Services by us, whether through our Websites or by other means.

2.2 These Conditions together with an order or order confirmation accepted in accordance with clause 3 below (the “Contract“) constitutes the entire agreement between the parties relating to the purchase of Products and/or Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in the Contract.

2.3 Your privacy is also very important to us and these Conditions must be read in conjunction with our Privacy Policy which can be found at tortugalab.com.au/pages/privacy-policy

3. PLACING AN ORDER

3.1 We only supply Products for purchase by adults and we do not sell to children. If you are under 18, you may use our Website only with the involvement of a parent or guardian.

3.2 For Products purchased on our Websites, the following provisions apply:

3.2.1 The places we deliver to vary depending on the Product and will be displayed on the appropriate webpage.

3.2.2 The Products and the prices on the Websites are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Products.

3.2.3 When you click the “Place Order” button on one of our Websites, the placing of such order will constitute an offer by you to purchase the Products subject to these Conditions. You should review the order and correct any incorrect details before pressing the “Confirm Order” button.

3.2.4 We may reject your order for any reasonable reason, for example, but not limited to, incorrect or incomplete information, a declined credit or debit card, or lack of availability. If we are unable to accept your order, we will notify you by email.

3.2.5 An online order shall only be accepted by us when you receive a confirmation email from us which, subject to the provisions of Condition 3.2.6, shall create a Contract. The date of the Contract shall be the date on which we issue the confirmation email.

3.2.6 Acceptance of your order is not a guarantee by us of the availability of the Products and all acceptances are conditional on availability of the Products. If the Products which you have ordered are not available, we shall inform you of this as soon as possible.

3.2.7 If you receive a confirmation email for an order which you did not place, or if the details in the confirmation email do not match the order which you placed or intended to place, you must contact our customer services department by sending an email to hello@tortugalab.com.au  or by calling us on +449659465  to cancel the order or correct the details.

3.3 Where you order in person, over the phone, by email, fax or post, the following Conditions apply:

3.3.1 Unless you have requested a quotation, your order constitutes an offer to purchase the Products and/or Services in accordance with these Conditions. You are responsible for ensuring that the terms of your order and any applicable specification submitted by you are complete and accurate. Your order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the Contract shall come into existence.

3.3.2 If you have asked for a quotation for your order, the Contract will come into existence when you accept our quotation. Quotations are subject to availability at the time the quotation is accepted, and quotations shall only be valid for 1 month from the date of issue.

4. APPEARANCE OF PRODUCTS

4.1 The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

4.2 Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.

5. PRICE AND PAYMENT

5.1 The following terms are applicable to purchases of Products on our Website and all sales to consumers:

5.1.1 Unless otherwise stated, prices are inclusive of GST or the equivalent local sales tax in the country of purchase, but they do not include delivery charges which will be added to the total amount at the point of order completion.

5.1.2 If you are located outside any of Australia, US, Canada, UK or EU, the prices are exclusive of any applicable sales tax and import duties applicable in your country as well as delivery charges which will be added to the price

5.1.3 We will require payment at the time of placing the order.

5.2 If you purchased the Product(s) from a Dealer or Retailer, these Terms and Conditions will be superseded by the terms they supply you. 

5.3 The following terms apply to all sales.

5.3.1 If you fail to make any payment due to us under the Contract by the due date for payment, then we reserve the right to charge interest on the overdue amount at the rate of 4% per annum above Lloyds Bank Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.

5.3.2 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.

5.3.3 If the rate of GST changes between the date of the order and the date of delivery, we will adjust the rate of GST that you pay, unless you have already paid for the Products in full before the change in the rate of GST takes effect.

5.3.4 Whilst we make every effort to ensure prices and information accessible via the Websites and are brochures or price lists are accurate, complete and up to date, we cannot guarantee this. We do reserve the right to correct any mistakes without liability to you. We will email you if the Contract is affected by a mistake and you will have the right to cancel the Contract. If you cancel you will receive a full refund of the price paid by you.

6. RISK AND OWNERSHIP

6.1 Ownership of the Products will pass to you on the date on which you pay for the Products.

6.2 Risk of damage to or loss of the Products shall pass to you at the following times:

6.2.1 If you purchase Products on our Website, risk will pass upon delivery to your address.

6.2.2 In all other cases, risk will pass when the Products leave our warehouse.

7. CANCELLATION AND RETURNS

7.1 You may cancel the contract under Condition 7.1 by contacting our customer services department by email to hello@tortugalab.com.au  or by telephone on +4490659465

7.2 We are unable to accept returns only directly purchased through Gozney via phone or our website. 

7.3 Under our goodwill guarantee returns policy for consumers, we will extend the returns period for Products to 30 days from the date of receipt of the Products provided the Products are in their original, unused condition and returned in their original packaging and that the Products have not been specifically tailored to your specifications, or personalised, or the Products by their very nature cannot be returned or are liable to deteriorate.

7.4 We will also refund to you the cost of returning Products to us provided:

8. DELIVERY

8.1 Delivery of the Products shall be made to the address that you provide in the order, or such other address that we may agree with you in writing.

8.1.1 Changes to the shipping address must happen within 24 hours so that we can ensure our third party warehouses have time to make the change, otherwise this change could incur a surcharge. Whilst every effort will be made to accommodate the address change request, we cannot guarantee that we will be able to make this change before the Product(s) ship. As a result, address change fees may apply.

8.2 If you fail to take delivery of the Products:

8.2.1 delivery will be deemed to have taken place on the date for delivery;

8.2.2 risk in the Products will pass to you; or

8.2.3 we may (without prejudice to any of our other rights) dispose of the Products.

8.3 A recipient is required to be present at the address to sign and confirm receipt of goods in satisfactory condition.

8.4 Failure to provide us with the correct delivery address may result in a re-direction charge of full price.

8.5 The time it takes for us to ship the Products depends on stock levels and will be specified to you at the time you place your order, or failing that, by email following our receipt of your order.

8.6 The time it takes to deliver the Products once they have been shipped depends on the delivery service we use, which depends on the type of Product and your location. For current dispatch and/or delivery timings, please review the Product pages for more information.

8.7 Since we use a third party delivery service, late delivery of Products is out of our control and will not be eligible for a refund on the ground of late delivery after they have left our warehouse.

9. PREPARING TO ACCEPT PALLET DELIVERIES

9.1 Once the Product(s) have been loaded onto the truck, we do not control the delivery of the Products. Product dispatch is via standard national courier services. We cannot guarantee delivery times as they are provided by third parties outside of our control.

9.2 We ask all of our consumer customers NOT to book any installer or other related trade persons until the Products have arrived safely with you and have been checked as correct and in good condition. We also ask that you do NOT plan any social events (involving the Product(s)) until the Product(s) have arrived safely and checked as correct in good condition.

9.3 Palletways Delivery is a KERBSIDE delivery, meaning the driver will remove the pallet off the vehicle with a tail lift and move the pallet by pallet truck only on hard standing, level ground. It is NOT the driver’s responsibility to move or assemble your oven beyond the kerb as they are not insured to do so.

9.4 If, for any reason, the delivery cannot be completed due to absence of recipient at address, unsuitable delivery conditions or otherwise, the goods will be returned to depot and a re-delivery charge may apply at full price.

9.5 To track/follow up your delivery, refer to your tracking email sent on the morning of delivery for or contact us for delivery details including consignment numbers and courier contact details.

9.6 For Roccbox and Dome Products, if there is any present or visible damage to the Products, contact us on +441425 204999 or email us at enquiries@gozney.com within the same day, to report damages and ensure fast replacement of your Product(s).

10. WARRANTIES

10.1 For more information on our warranty, please see the warranty information page here.

10.2 PROCEDURE FOR WARRANTY CLAIMS

For more information on making a warranty claim, please see the warranty information page here

11. LIMIT ON LIABILITY

11.1 If you are a consumer:

11.1.1 We will be responsible for any losses you suffer as a result of us breaching these Conditions if the losses were reasonably foreseeable to both you and us at the time the Contract for the relevant Products is made.

11.1.2 Save as stated in Conditions 13.3 and 13.4

11.1.2.1  We will not be liable for any indirect or consequential loss that is not reasonably foreseeable to both you and us when the Contract was made.

11.1.2.2 Our liability to you and your liability to us for breach of these Conditions will not exceed an amount equal to five times the price paid or payable by you for the Products ordered.

11.2 If you purchase from us for business purposes, then

11.2.1Subject to clause, we will not be liable to you, whether in tort (including negligence), for breach of contract, breach of statutory duty or otherwise for:

11.2.1.1 any indirect or consequential loss; or for

11.2.1.2 any business loss (including loss of profits, contracts, income or revenue), anticipated savings, data, goodwill or wasted expenditure, whether direct or indirect.

11.2.2 Subject to clause 13.c, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products or the Services to which the claim relates.

11.2.3 If any items are missing from your order, or there are any other irregularities such as faulty or incorrect items, you must notify us as soon as possible in writing, and by no later than within 7 days of Product delivery in order for us to rectify the problem. Failure to notify us within this time frame may result in the inability to rectify this problem.

11.3 Whether you are a business or a consumer, nothing in these Conditions shall exclude or limit either party’s liability to the other for

11.3.1 death or personal injury caused by negligence

11.3.2 fraud

11.3.3 breach of the terms implied by the section 12 of the Sale of Goods Act 1979;

11.3.4 defective products under the Consumer Protection Act 1987; or for

11.3.5 any other liability that cannot be lawfully excluded or restricted.

11.4 Nothing in these Conditions affects your statutory rights as a consumer.

12. EVENTS OUTSIDE OUR CONTROL

12.1 We may cancel the Contract if an event outside our reasonable control makes it difficult to provide the Products in accordance with the Contract, and we shall not be in breach of these Conditions if we do cancel due to such an event. As soon as we become aware of the need to cancel the Contract we will contact you by email setting out our reasons for cancellation. You will receive a full refund of the price paid by you.

13 DATA PROTECTION

13.1 Any information that you provide to us pursuant to the Contract shall be processed in accordance with our Privacy Policy and applicable data protection legislation.

13.2 We also use cookies on our Website. For more information, please see our Cookies Policy.

14 PROMOTIONAL OFFERS

14.1 From time to time we may offer promotional offers in respect of certain Products on our Website. These promotional offers will be subject to availability of the relevant Products and are not an indication of availability

14.2 All promotional offers offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules and instructions these Conditions shall apply.

15 GENERAL

15.1 We may transfer the Contract to any person or ask any person to fulfil any aspect of it as long as the performance of the Contract is not affected.

15.2 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.

15.3 If any of the numbered terms in these Conditions is found to be void or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Conditions.

15.4 We reserve the right to make changes to these Conditions at any time.  Your Contract will be governed by the version of these Conditions in force at the time that you placed your Order.

15.5 These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and any court proceedings must take place in the English courts.