Terms & Conditions
The following page contains essential information about the rights and responsibilities of both the seller and consumer. This page also includes a list of terms and conditions that should be agreed to by all parties prior to commencement of business with Vuly Trampolines.
The name Vuly, when used in these terms and conditions, refers to all organisations under the control of Vuly Trampolines Pty. Ltd.
Your interaction with Vuly Trampolines Pty. Ltd. (ABN: 91 160 793 706) constitutes your agreement to follow the terms and conditions as outlined on this page and any amendment hereof. By accepting this agreement you indicate that you will comply with the following regulations.
If you do not agree to comply with the following regulations, please refrain from purchasing products from the company. Vuly will take appropriate and considered action to uphold these terms and conditions.
Vuly accepts payment via direct deposit (bank transfer), credit card (MasterCard, Visa; fees apply), cash or EFTPOS on pickup, and cheque.
Please make payments out to the following:
- Account Name: Vuly USA Operations Corp
- Account Number: 125 489 3744
- Routing Number: 121 042 882
- Bank: Wells Fargo
- Reference: your invoice number (e.g. 2001011)
- Amount: your amount
We accept major credit cards:A 1.9% credit card surcharge will be incurred.
Taxes applicable to the transfer of products will be charged and collected as required by law in addition to the price for the product.
Title and risk
Title to, and ownership of, any product ordered from Vuly passes to you when payment of all amounts due in respect of the product (including delivery or other charges) is received in full by Vuly and not before. Vuly is not required, and will not make arrangements for delivery of any product until payment in full is received. Risk in any Product passes to you when the Product is dispatched from Vuly's warehouse (or otherwise leaves Vuly's possession or control), in accordance with your instructions (regardless of the method of delivery) or, in the absence of delivery instructions from you, Vuly notifies you in writing that the product is available for collection from the Vuly warehouse, or from the location specified in that notice.
Delivery of products is available to all residential and business addresses within Australia. Delivery and installation is available through Vuly within the Brisbane metropolitan area only. For installation outside of Brisbane, Vuly may refer you to third party assembly service providers, which may incur an additional fee. Please contact customer service to determine the proximity of your address in relation to this zone. The customer will be contacted within three days to organise the delivery day and time.
Products must be paid for in full before being delivered. Delivery and installation refunds are not available through Vuly. Delivery refunds may be sought through the independent delivery provider.
Incorrect Order Delivery
If the customer receives an incorrect order (i.e. model, size, number of products), they are not entitled to a refund. However, Vuly will endeavour to correct the delivery mistake as soon as possible and at no extra cost to the customer. Non-express return delivery and replacement will be arranged and provided by Vuly.
Within the first seven (7) days from the delivery date, a product that is not being claimed under warranty may be returned for a refund. This is considered Vuly's 'cooling off period'. However, please note that a $25.00 restocking fee will be charged to the customer to cover the costs associated with the reintegration of the product into the Vuly system. Customers will need to organise and pay for return delivery of the product to Vuly.
While our parts (i.e. springs, pads and nets) will fit Vuly's products, we do not guarantee that these will fit other brands, even if they are marketed as being the same size. Please check specifications with customer service staff on 1 866 608 8664 or via email at firstname.lastname@example.org prior to ordering. A refund form will need to be filled out (available from customer service) to provide a reason for the requested refund.
Customers should note that a refund is only acceptable if the product is returned in a condition fit for resale. Once Vuly has received the product, it may take up to seven (7) days for a refund to be processed and accepted. It may take a further seven (7) days for the refund to be processed by the relevant financial institutions.
Any undercharging or overcharging issues are to be addressed by submitting a refund request to Vuly. It may take up to seven (7) days to approve the refund, and a further seven (7) days for the refund to be processed by the relevant financial institutions.
When ordering a product before it has arrived in stock, please note that the times provided for the stock arrival at Vuly is only an estimate and is therefore not guaranteed. Because of this, no refunds are available on pre-ordered products due to time delays. Refunds are at the discretion of Vuly.
All products sold by Vuly come with manufacturing warranties that warrant products to be free of defects in workmanship and materials ( " the warranty " ). The warranty applies to the frame for 120 months (10 years), the springs (excluding leaf springs) and mat (excluding print) for 60 months (5 years), any promotional items (e.g. a free tent or basketball set) for three (3) months, and to all other parts of the purchased product (e.g. safety padding, safety nets, basketball sets and tents not purchased during a promotional period) for a 12 month (1 year) period from the date of purchase when used under normal conditions.
Products that are sold through Vuly and are not of the Vuly brand are subject to the warranty provided by that company. Vuly will do everything possible to provide details of the third party that is liable to warrant goods sold by Vuly that are not of the Vuly brand. Proof of purchase is required when applying for a warranty (i.e. a copy of your invoice).
Please be aware: the 10-year frame warranty only applies to Vuly Trampolines and Trampolines Australia trampolines sold after 1st December 2008 (the trampolines with a Square T-section). All trampolines purchased with a rounded T-section carry a three-year warranty for the frame, jumping mat and springs. Everything else bought with the purchase of the trampoline will have a 12-month warranty policy.
Damage Through Use
The warranty does not extend to normal wear and tear of the product (i.e. spring stretch) or UV deterioration. Additionally, the warranty is void if the product is used for any other activity besides those for which it was intended.
Any evidence of such actions leading to product failure will not be covered by the warranty. Similarly, replacement parts or repairs needed to mend the damage will not be covered under the warranty if evidence of misuse is detected.
Damage caused to the trampoline as a result of a weather event such as storm surge, flood etc. are not covered under this warranty. Vuly suggests you contact your home and contents insurer if your trampoline is damaged by weather events.
The warranty does not cover personal injury or losses due to improper assembly or maintenance, nor to damage due to neglect, misuse or accidents. To limit damage caused to the trampoline by improper assembly, carefully follow all instructions and ensure your trampoline remains on level ground while in use.
Furthermore, the warranty does not cover installation provided by a third party assembly service. It is the customer's responsibility to check all boxes and confirm all components are included and in the correct condition before installation takes place.
What to do if you have a problem
If the product is faulty or does not include all necessary parts, please contact our customer service department immediately on 1 866 608 8664 or via email at email@example.com. Do not attempt to use this product if any part is faulty or missing. Any incomplete or faulty products can potentially be dangerous, and any damage caused by the user will lead to a void of the warranty. The product must be returned in original condition as received by the customer.
Our trampolines are delivered to Vuly HQ pre-packaged, so we unable to check boxes prior to delivery to ensure they contain all required parts. Some parts may also fall out in transit due to small, unintentional tears in boxes. Despite this, our missing part rate is very low, and we will do the best we can to deliver parts as soon as possible if missing from your initial delivery (usually overnight, depending on your location).
Making a claim
Any claim for warranty must be lodged via the methods outlined on our support page. If the warranty claim is lodged within the first seven (7) days after the delivery date and is accepted by Vuly, return delivery of the damaged part will be paid for by Vuly and the part replaced free of charge to the customer. After seven (7) days from the delivery date, the customer must pay for return delivery of the part claimed under warranty to Vuly. Vuly will assist the customer in this action. If the warranty claim is accepted, Vuly will provide the replacement part free of charge to the customer.
Warranty claims may take up to seven (7) days to be processed by Vuly. Replacement parts will be dispatched as soon as possible upon receiving the damaged or faulty part. Please note that it may take up to seven (7) days to reach the customer. Warranty claims will lead to replacement of the faulty parts - not a refund.
Website and Catalogue Information
Vuly has attempted to provide the most accurate and updated information in the content of the website and its catalogues.
We strive to provide accurate images and appropriate colours for our current stock range. However, the colours and models displayed may differ from the stock that you receive due to new stock lines and the colour settings of customers' computers.
The colour provided on the website and catalogues is a guide only and should not be used to make decisions about the products. Please contact customer service to make an enquiry regarding the information on our current stock range.
Prices on the website and in catalogues are subject to change at any time due to fluctuations within domestic and international markets. Price changes are subject to the discretion of the appropriate parties. Consequently, while the website, catalogues and customer service staff will attempt to raise attention to future price changes, prices may change between inquiries and point of sale.
Promotions are also subject to change at any time due to stock levels. While every attempt will be made to provide accurate information, promotions provided on the website or in catalogues do not constitute a binding agreement. All information should be sought from customer service before purchase. Only promotions that are valid at point of purchase can be considered as binding.
Vuly agrees that all communications on our behalf will be undertaken in a manner of maturity and respect for all customers and staff members. All parties have the right to protection from harassment and abuse, and Vuly will not tolerate such action against its employees. While we will deal with all reasonable claims and concerns promptly, Vuly reserves the right to cancel any transactions with full refund to any abusive party or pass the matter onto appropriate authorities.
Access and Use of Website
You cannot access or use this website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content.
You must not modify, adapt, or hack into Vuly or modify another website so as to falsely imply that it is associated with Vuly.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not violate any laws in your jurisdiction (including but not limited to copyright laws).
Ownership, Proprietary Information, and Intellectual Property
Except for content linked to or from an external source, all other information and materials that appear as part of this website (including text on Vuly's products, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively, ("Intellectual Property") are the property of Vuly Trampolines Pty. Ltd. 2008+.
The website as a whole and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. All trademarks are ® trademarks. Except for that information which is in the public domain or for which you have been given written permission to use by Vuly, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this website, in whole or in part.
Third party content that is linked to or from external source belongs to such third parties or users, as applicable.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows: Vuly Trampolines Pty. Ltd., c/o Squire Sanders (US) LLP, 275 Battery Street 26th Floor, San Francisco, CA 94111 attn. Thomas E. Gaymor, Esq.
Limited License; Personal, Business, and Non-Commercial Use Limitation
You are hereby granted a non-exclusive license to view the content on the website, but only while accessing the website. Except to the extent required for the limited purpose of reviewing material on the website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited.
You agree that you are only authorized to visit, view, and retain a copy of pages of the website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the website for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the website for any purpose, unless specifically authorized by Vuly.
Unauthorized Use of the Website
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website.
You shall not use this website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. Illegal and/or unauthorized uses of the website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Third Party Services
From time to time, Vuly may use services provided by persons or entities other than us ("Third-Parties"). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third-Parties site, you do so at your own risk. Any link from our website to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party websites to which you might link from our website, or which may download or connect with through our website. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.
Linking Sources to Our Website
If Vuly authorizes you to deep-link your website or a service offered by your website to Vuly in additon to and notwithstanding anything to the contrary, you understand and agree that (1) Vuly has no obligation to continue to provide or make the service available; (2) all conditions, disclaimers and limitations on use set forth in this Agreement remain in effect; (3) all intellectual property rights relating to Vuly and its technology and products, including all ownership rights, remain the exclusive property of Vuly; (4) you will be solely responsible for the data and content that you will publish on your website; and (5) Vuly may terminate at any time in its sole discretion your access.
Vuly reserves the right, but not the obligation, to remove any linked source if it contains or features any of the following unacceptable content:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech);
- References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., food poisoning, foreign objects in food, etc.);
- Messages commenting on other users;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Content that are advertising or are commercial in nature, or that are inappropriate based on the applicable subject matter;
- Language that violates the standards of good taste or the standards of this website, as determined by Vuly in its sole discretion.
- Content determined by Vuly to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
- Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
- Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or personal information.
If you see objectionable content or have any questions about this Agreement, please contact Vuly at firstname.lastname@example.org.
Although Vuly cannot monitor the conduct of its users off the website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to Vuly for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
DISCLAIMERS AND LIMITATIONS
a. Disclaimer. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
b. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE PURCHASE PRICE OF THE TRAMPOLINE.
You agree to indemnify, defend, and hold harmless Vuly its agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the website. Vuly reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Vuly in asserting any available defenses.
Modification to this Agreement
Vuly reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement and the website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you.
Please review this Agreement periodically for changes. While Vuly makes every effort to provide up-to-date information via the website (www.trampolinesamerica.com), Vuly cannot guarantee that this information is current. Please contact customer service on 1 866 608 8664 to ensure that you have access to the most recent version.
Your continued use of this website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue access to the website.
Termination of Website
In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Vuly shall not be liable to you or any third-party for any termination of your access.
General Legal Provisions
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in California, in all disputes arising out of or relating to this website. Access to our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys' fees and costs.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our website. If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final agreement regarding access to our website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective Date: May 25, 2014
Last Update: November 9, 2014