Agreement of Sale
Please read them carefully
The use of this site is governed by the TERMS AND CONDITIONS AGREEMENT OF SALE set forth below. Your use of this site or purchase from FishingTrends indicates your acceptance of these terms and conditions.
FishingTrends reserves the right to make changes to this web site and these terms and conditions at any time without any prior notice.
FishingTrends is the service provider; it is also referred to as "FishingTrends", "us" and "we".
Customer is the person or organisation who purchases or seeks services from FishingTrends; it is also referred to as "you".
All orders placed are subject to confirmation and acceptance by FishingTrends.
FishingTrends may vary prices for received orders in the event of price changes. We will advise you if this is the case.
To minimize errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible. Other forms of ordering are accepted only if our on-line ordering system is malfunctioning or you have difficulty using it. Other ordering methods include E-mailing our sales email or submitting order by fax or phone. For some organizations where a purchase order is necessary, we still encourage the orders to be placed on-line and followed by a summarized purchase order.
Quantity in stock does not take into account the orders already placed which is yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our web site.
Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the dispatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.
Cancellations may be communicated by email or fax.
FishingTrends ships to Australia and New Zealand. For all other countries, please contact us prior to ordering. FishingTrends will take no responsibility for goods once those goods leave Australia.
For on-line orders, accepted payments include credit cards (Visa/Master card ONLY), PayPal & Direct Deposit.
FishingTrends reserves the right to perform checks for orders paid using credit card, and we may request photo identification to be supplied for large value orders.
For security reasons, FishingTrends recommends that any orders greater than $500 are paid using PayPal. 'First time customers' with high order values (e.g. - $1000+), must pay via direct bank deposit or PayPal. Credit card payments for these orders will not be accepted without prior arrangement.
The title of the goods supplied does not pass to the customer from FishingTrends until the full amount is paid.
We do not ship to third party addresses unless that address is known and can be verified by FishingTrends.
Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods. FishingTrends will make every effort to deliver on time.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts may be passed to the customers if the delivery address is unattended at the time of delivery.
Shipping occurs from our warehouse(s) based in China keeping the costs down so we can pass on savings to you. Items are required to pass through customs and this can delay delivery. Please allow and average of 5 -27 days for goods to be delivered. If you have not recieved your goods by 30 days please contact us by email and we will follow up. we also provide a tracking service on 90% of our goods. please check the link in your order fulfilment email.
Return and Refund
Returns for refund will only be accepted within 7 days of you receiving the goods. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable. This return for refund policy is applicable for change of mind, and lack of expertise for use of product.
Any incorrect, missing or damaged items received must be reported to FishingTrends within 24 hours of you receiving the delivery.
If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
FishingTrends owns the title of any extra goods shipped with your order that have been dispatched in error.
All goods sold by FishingTrends come with a warranty to be free from any defects or faults. This warranty is not transferable.
Goods under warranty cover will be replaced or repaired by the manufacturer. No refund can be provided under any circumstances.
Warranty only covers the item(s) sold by FishingTrends.
A large percentage of returned goods are found to be, not faulty. If the returned goods are determined by FishingTrends to not be faulty, then all returning shipping fees will be worn by the customer. We will seek the permission from the customer to charge this cost to the customer's credit card where possible. Failing this, the goods will be sent back by Australia Post COD freight collected. FishingTrends also reserves the right to charge the labour cost for examining these goods where no fault was found.
All warrantees are voided if returned product is found in any way to be mishandled, misinstalled, modified, tampered, abused, and physically damaged.
Please attach a copy of the original invoice or provide the original invoice number. A detailed fault description sheet must be sent together with all the returning warranty goods.
Customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to FishingTrends.
FishingTrends is not responsible for any parcel missing in transit, on its return back to FishingTrends.
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing.
There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
Terms and Conditions: PUT IT ON LAY-BUY
Layby Terms, agreements and contract
Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY powered by PayPal checkout payment option to be fair and reasonable per the Fair Trading Act 1999.
The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:
Record of Payment
A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
Storage and Identification of Lay-Buy Products
Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
Cancellation of Lay-Buy by Buyer
The buyer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally.If a buyer cancels a Lay-Buy, seller will, if so requested by the seller, give the buyer a “cancellation statement” which sets out-
a) The purchase price of the products; and
b) Advise customer of the cancellation fee payable to seller under all Lay-By terms and conditions; and
c) The total amount paid under the Lay-Buy; and
d) Any amount owing to either the buyer or seller under the layby terms on the cancellation of the Lay-Buy.If seller does not accept the buyer’s oral cancellation it is obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately.
Cancellation of Lay-Buy by Seller
The seller under a Lay-Buy must not cancel it unless –
a) The buyer breaches a term of the Lay-Buy; or
b) The seller stops trading; or
c) The products are no longer available
Cancellation on breach by Buyer
If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must –
a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
b) Allow the buyer at least 14 days within which to rectify the breach; and
c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
III) must state the time within which the buyer must rectify the breach;
IV) must state the matters listed per below:* the purchase price of the products;
* all cancellation charges payable under the agreement; and
* the total amount paid under the Lay-Buy;
* any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
Cancellation where business closes
If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
(a) allow the buyer 7 days within which to complete the agreement; and
(b) cancel the Lay-Buy
Cancellation where products not available
If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
Effect of Cancellation
Subject to the above, when a Lay-Buy is cancelled by either party, Seller must refund all money paid within 14 days less a AUD $25 cancellation fee. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Lay-Buy statement.
Seller shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
Banking Charges back Fees
The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 0.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
Seller shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
The seller will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals.
14.1 This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
14.2 This Agreement may be amended only by a written instrument duly executed by all parties hereto.
14.3 The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
14.4 This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
14.5 Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.