Terms & Conditions

1.0. Overview

The Website is operated by Vuly USA Operations Corp. Access to and use of the Website, or any of its associated Products or Services, is provided by ‘Vuly USA Operations Corp’. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

The following is essential information about the rights and responsibilities of both the seller and the customer. All parties agree to these terms in business with Vuly.

‘Vuly’, when used in these Terms & Conditions, refers to all organisations under the control of Vuly USA Operations Corp. Vuly reserves the right to amend or delete the following Terms & Conditions at any time.

Vuly reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Vuly updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.0. Agreement

Your interaction with Vuly USA Operations Corp (3666901) constitutes your agreement to follow these Terms & Use of our services constitutes acceptance of the Terms and Conditions, you indicate that you will comply with its regulations.

If you do not agree to comply with the regulations, please refrain from purchasing products from the company. Vuly will take appropriate and considered action to uphold the Terms & Conditions.

3.0. Privacy Policy

Vuly is committed to providing you with superior customer service, which includes the highest protection of your privacy. Vuly is bound by The Privacy Act of 1974, as amended to present, including Statutory Notes (5 U.S.C. 552a) ("Privacy Act"), which sets out several principles concerning the protection of your personal information.

You acknowledge by inputting your personal information into our system that you may receive marketing material, calls and emails from our Company in relation to our products and services. Our Privacy Policy document outlines the types of personal information that Vuly collects via this website and how it is used. You can find our policy by clicking on this link: https://www.vulyplay.com/en-US/privacy

4.0. Conditions of sale

The following Conditions of Sale will apply to, and bind the purchaser of, any Vuly USA Operations Corp (3666901) product.

All transactions are processed in US Dollars (USD). By using the website to purchase the Product, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).

Payment of the Purchase Price may be made through (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

NOTICE TO USER:

Please read this agreement carefully before purchase or assembly. By placing an order, you acknowledge that you have read this agreement, understand it and agree to be bound by its conditions. If you are making a purchase on behalf of another person, you agree that you are making the purchase as their agent.

LEGAL RIGHTS – PLEASE READ:

EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS.

Vuly USA Operations Corp (3666901) (“Vuly”), as supplier of outdoor play products and accessories, sells all Products subject to the following conditions:

1. To the maximum extent permitted by the law, Vuly, its employees, directors and agents will not be liable to the customer, their dependents or legal representatives for damage to property, personal injury or death suffered by the customer because the Product was not manufactured or supplied with due care and skill, the Product is not reasonably fit for its purpose or because of negligence, breach of contract, breach of statute or breach of statutory duty by Vuly.
   
2. Vuly, its employees, directors and agents are not liable to the customer, their dependents or legal representatives for personal injury or death suffered by the customer because the Product was not:
   1. installed in accordance with the Vuly instruction manual. It is the customer’s responsibility to check all boxes to confirm that all components are included and in the correct condition before assembly.
   2. installed with due care and skill, by a the customer or a third party assembly service; and
   3. in the same condition as when the Product was supplied, due to wear and tear – including, but not limited to, weather damage, deterioration of the net, spring stretch, UV deterioration or rust.
      
3. The customer acknowledges that using the Product can be dangerous, with inherent risks and hazards. As a consequence, personal injury or death may occur. The customer assumes and accepts all such risks, and hereby – to the full extent permitted by law – waives the right of action against, and fully releases Vuly for, loss, damages, personal injury or death in any way caused by, or relating to, the customer’s participation in such activities.
   
   This includes – without limitation – liability for any negligent or tortuous acts or omission, breach of duty, breach of contract or breach of statutory duty on the part of Vuly, its office bearers, directors, employees or agents.

RISK WARNING:

Intrinsic to their nature, products in the category of outdoor play equipment come with a significant risk of injury to the user; including the possibility of serious injuries, permanent disability or death. All participants who engage in activities with the Product do so at their own risk.

Adult supervision is always required whilst play equipment is in use. Adult assembly of all products is required. Careful adherence to the installation instructions is required to ensure safety for the user. Products are strictly for outdoor and domestic use only. Instruct children not to use the equipment in a manner other than intended.

WEATHER WARNING:

Our products are susceptible to environmental conditions and bad weather. Ensure you do not use your product in inclement weather and take proper precautions. Products can move or lift in strong wind conditions and inclement weather. Ensure that the trampoline is sufficiently stable, sandbags or pegs may be suitable anchorage devices. If your product will be unused for any extended period, disassemble it, return it to its original packaging and store it in a dry place. See your product manual for further information.

5.0. Title and risk

Title to, and ownership of, any product ordered from Vuly passes to the customer only when:

• - The customer pays all amounts due for the product – Including delivery and other charges; and
• - Vuly receives these payments in full; and
• - When the customer takes final delivery of the items.

Risk in any product passes to the customer when the product is dispatched from the Vuly warehouse (or otherwise leaves the possession or control of Vuly) in accordance with the customer’s instructions, regardless of the method of delivery. Alternatively, in the absence of delivery instructions from the customer, Vuly notifies the customer – in writing – that the product is available for collection from the location specified in that notice.

6.0. Delivery

Products may be delivered through the general (non-express) service of an independent delivery carrier to all residential and business addresses within the mainland of the United States. Our independent delivery carriers do not deliver orders to Alaska, Hawaii and other states/territories that are off the mainland of the United States including all other offshore insular areas, such as the U.S. territories of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.After dispatch from the depot, delivery is covered under the Terms & Conditions of the independent carrier and not the Terms & Conditions of Vuly.

Vuly will endeavour to provide timely delivery of ordered products within these timeframes; however, estimated delivery times cannot be guaranteed and are a guide only. Vuly will also not ship ‘express’, as this service is unavailable for our products.

All times given are estimates only. Vuly bears no responsibility if these times are inaccurate for specific deliveries. Delivery times are calculated from the date that the order leaves the depot to the date the order arrives at the customer’s delivery address.

By placing your order with Vuly you consent to having the courier leave your order at your address if you are not at home at the time of delivery. This is required due to the complexities with re-delivering goods. To request that your order is not left unattended if you are not home, please call us on to make an exception.

6.1. Delivery delays

If a customer's order has been delayed in transit, Vuly requires up to 2 weeks to allow for both Vuly and the freight company to investigate the issue and report back to the customer. If the investigation reveals that the customer's order has been lost in transit by the courier, Vuly will dispatch the customer's order a second time at no cost to the customer.

7.0. Price and Payment

Prices are always displayed in USD currency and you must pay in the currency in which the Product price is quoted. Payment is required in full before the Product is shipped. Payment may be made by credit card, debit card, or any other payment method provided at checkout. Vuly may introduce any such payment method at their discretion. Vuly reserve the right to accept or refuse any payment made in any form.

Vuly will endeavour to not charge customers for any Order which cannot be fulfilled and where appropriate will issue refunds. Vuly cannot guarantee that a particular product will always be available.

8.0. Product registration

To lodge a Warranty Claim, customers must ensure that their Vuly product is registered with Vuly.

If the customer purchases their Vuly product directly through Vuly (its website or over the phone to one of its sales representatives), their product will be registered automatically.

If the customer purchases through an authorised reseller, they must register their product by visiting www.vulyplay.us/support and completing the form – with a proof of purchase.

9.0. Warranty

All Vuly products are sold with a manufacturing warranty, which assures that the item is free of defects in workmanship and materials (“warranty”).

9.1. Warranty periods

Warranty periods always commence from the date the items are sent to the customer.

Warranty periods on Vuly products do not reset for any reason, unless the customer purchases an entirely new product. In this case, that particular product will be covered by its own warranty period. It does not affect – nor will it increase – warranty periods for other purchased items.

Replacing any parts that constitute a product do not change the original warranty period of that product.

9.1.1 Models from 01/12/2008 - Present

This warranty is for use under normal conditions, and it applies for:

Trampolines (Vuly/Lift series and Thunder series)

• 120 months [10 years] to the Frame Tubes and Joiner Poles.
• 60 months [5 years] to the Springs (excluding Leaf Springs), and discrete Jump Mat (excluding the print).
• 24 months [2 years] to the Trampoline Shade Cover.
• 12 months [1 year] to all other parts of a purchased trampoline – e.g. Safety Padding, Safety Net (including the Jump Mat in models that combine the Jump Mat and Safety Net - e.g. Thunder 1.0 and Thunder Summer), Net Poles and Leaf Springs.

Trampolines (Ultra series)

• 60 months [5 years] to the Frame Tubes, Joiner Poles, Springs, and Jump Mat (excluding the print).
• 24 months [2 years] to the Trampoline Shade Cover.
• 12 months [1 year] to all other parts of a purchased trampoline – e.g. Safety Padding, Safety Net and Net Poles.

Trampolines (Flare series)

• 36 months [3 years] to the Frame Tubes, Joiner Poles, Springs, and Jump Mat (excluding the print).
• 12 months [1 year] to the Trampoline Shade Cover.
• 12 months [1 year] to all other parts of a purchased trampoline – e.g. Safety Padding, Safety Net and Net Poles.

Play Sets and Swing Sets

• 120 months [10 years] to all Frame components.
• 24 months [2 years] to all Swing components.
• 24 months [2 years] to all Cubby House Shade Covers.
• 12 months [1 year] to all Swing Set Shade Covers.

Monkey Bars

• 84 months [7 years] to all Frame components.
• 24 months [2 years] to all Swing components.
• 12 months [1 year] to all Shade Covers.
• 12 months [1 year] to all accessories.

Basketball Systems (portable and in-ground)

• 84 months [7 years] to all steel components.
• 36 months [3 years] to all plastic and material components.

Accessories for products

• 24 months [2 years] for all swings included with, or purchased separately to, swing sets or play sets.
• 12 months [1 year] to purchased accessories – e.g. Mister, Deck, Soccer Goal.

The customer may extend the standard 12-month [1 year] warranty to 36 months [3 years], if they purchase an extended warranty within 7 days of their delivery date. No extended warranty is available on standard warranties that are over or under 12 months [1 year].

9.2. Inclusions

This warranty covers manufacturing faults and defects only.

If a product is damaged or rendered unsafe as a result of a departure from its design specifications during production, this constitutes a manufacturing fault or defect.

This may occur if – for example – use of incorrect textiles during manufacturing causes a Safety Net to disintegrate, or if improper welding produces an unstable Frame.

9.3. Exclusions

9.3.1. Damage through wear and tear

This warranty does not extend to normal wear and tear of the product. This may include, but is not limited to:

• Rusting of steel components,
• UV deterioration of textile components,
• Stretching of springs.

As outdoor products that are actively used, these products and their accessories will experience wear and tear over time.

9.3.2. Damage through weather conditions

Damage to the product that results from weather events – such as rain or wind – are not covered under the warranty. Vuly suggests that you contact your home and contents insurer if your product is damaged by such events.

In certain climates during the winter period, the snow load and the very low temperature can damage the product. It is strongly recommended to disassemble your trampoline mat, net enclosure and product shade cover and store indoors; checking that the mat, padding and enclosure and shade cover are without defects. Ensure to remove any snow from the products and the shade cover. Note: Sunlight, rain, snow and extreme temperatures reduce the strength of components over time.

9.3.3. Damage through improper installation

This warranty does not extend to any failure of the product caused by installation not in accordance with the Vuly Manual. Customers must assemble their Vuly product by following carefully the Installation section of their Vuly Manual.

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 that all components are included in the correct condition before installing.

9.3.4. Damage through insufficient care or maintenance

This warranty does not extend to accelerated decay of the product caused by poor care or maintenance. It is essential that customers regularly check, and follow the advice of, the Care and Maintenance sections of their Vuly Manual to ensure that their product lasts as long as possible.

9.3.5. Damage through inappropriate use

This warranty will be void if the product is used for any other activity besides those for which it was intended. Vuly products constitute products and accessories for such products. They are not intended for use as professional, gymnastics trampolines, springboards, etc.

The warranty will also be void if any non-Vuly components or accessories are used with the product – such as third-party swings or Shade Covers.

Any evidence that inappropriate actions that have led to product failure will not be covered by the warranty. Similarly, replacement parts or repairs needed to mend such damage will not be covered under the warranty.

9.3.6. Damage through salt water body proximity

This warranty (on steel components, specifically) will be reduced by 50% where the Vuly product is assembled within 1.6 km of a salt water environment or where it is subject to ocean spray as determined by the presence of salt crystallised on the product.

9.3.7. Damage through commercial use

Vuly products are intended for domestic or personal use only. Use of any Vuly product for commercial purposes - including, but not limited to, use in play centres, community organisations, schools and amusement parks - will void the product's listed warranty period. Vuly reserves the right to reject a Warranty Claim on the basis of suspected overuse in a commercial setting.

9.3.8. Personal injury

This warranty does not cover personal injury or losses due to any of the above: wear and tear, weather conditions, inappropriate installation, insufficient care or maintenance or inappropriate use, nor does it cover damage due to negligence or accidents.

9.3.9. Installation

This warranty does not cover any installation service. If a customer pays for installation of their trampoline or swing set at the time of purchase, this is a one-time service only. The customer may not claim installation costs for any replacement parts under any circumstances.

9.4. Warranty Claims

If a customer believes that a Vuly product is faulty or defective, they must discontinue use and submit a Warranty Claim.

A customer must not attempt to use a product if any part is faulty or defective. Any damage that the user causes as a result of using faulty or defective products will lead to voiding of the warranty.

9.4.1. Making a Warranty Claim

To fulfil a warranty claim, a customer must submit an online Warranty Claim at www.vulyplay.us/support.

Submitting the online Warranty Claim form requires the customer to provide:

• Details of their purchase – including date,
• Batch number,
• Clear photographic evidence of the manufacturing fault or defect.

If the customer does not provide all details that the form requires, their Warranty Claim will not be assessed.

Vuly endeavours to resolve all warranty claims as quickly as possible, however, we cannot be held responsible for any delays in the processing of your warranty claim

9.4.2.Successful Warranty Claims

If Vuly accepts a customer’s Warranty Claim, Vuly will replace the faulty or defective parts, not offer refunds.

Successful Warranty Claims:
Vuly will replace the damaged parts free of charge. Shipping Cost will apply to all approved warranty claims that are 60 days past the purchase date.

9.4.3. Refunds

In all instances of successful warranty claims, Vuly offers replacements parts only. Vuly provides refunds only at their discretion.

Refunds will typically be processed within 7 days after the refund has been improved. Vuly provide this timeframe in good faith, we shall not be held accountable should this timeframe not be met.

9.5. Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Uniform Commercial Code (“UCC”).

. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

10.0. Missing parts

If a customer believes that a Vuly product does not include all necessary parts or they are missing a part of the delivery, they must contact us immediately. It is the customer's duty to check they have all the relevant parts when the item is delivered.

If our couriers tracking states all parts are delivered and you do not contact us within 3 months from delivery date, Vuly will not approve a miss delivery claim.

A customer must not attempt to use a product if any part is incomplete. Any damage that the user causes as a result of using incomplete products will lead to voiding of the warranty.

11.0. Order cancellations

11.1. If a customer wishes to cancel their order - cancellation fees may apply in the following cases -

• If an order has not been dispatched, a cancellation fee of $10 for orders of accessories or replacement parts; or $20 for orders of a full product may apply at the discretion of Vuly
• If an order has been prepared for dispatch/and or dispatched the customer may incur a non-refundable restocking fee and be responsible for covering any return freight fees.
• In any other circumstances Vuly see fit.

11.2. Restocking fees:

• $25 for orders of accessories or replacement parts;
• $75 for orders of a full trampoline, cubby house, swing set, play set or basketball system.

12.0. Order returns

The customer may return their received order for a refund for ‘change of mind’ within 30 days of their order date. Returns for change of mind orders will only be accepted if the return products are in unopened boxes. Cutting the encasing plastic constitutes opening the box. Once a box is opened, or the encasing plastic has been cut, Vuly cannot verify if all parts are present. Vuly

13.0. Media

Vuly attempts to provide the most accurate and updated information in the content of its website, catalogues and other promotional material.

13.1. Product portrayals

The appearance of the product that the customer receives may differ from those portrayed in promotional material due to subtle product updates or the colour settings of the customer’s computer.

13.2. Product pricing

Prices displayed on the Vuly website, in promotional material or provided by Vuly staff are subject to change at any time and subject to the discretion of the appropriate parties.

While Vuly will attempt to raise attention to future price changes, prices may change between inquiries and point of sale. Furthermore, prices depicted on invoices or quotes, provided either digitally or in print, are valid for 7 days – except prices marked as arising from a “sale” or “discount” for a specified period. These quotes or invoices are valid only for the day that they are provided.

13.3. Promotions

Promotions are subject to change at any time, due to stock availability. Promotions provided on the website or in print material do not constitute a binding agreement. Only promotions valid at the point of purchase can be considered binding.

Vuly reserves the right to deem a promotion as invalid at any time without providing notice to customers. Clerical errors in computation, typing or otherwise of any catalogue, quotation, offer or invoice of Vuly will be subject to correction without requiring customers be provided notice. If an error has occurred with a invalid promotion, all orders made under that promotion are deemed null and void. In the event that a promotion is deemed invalid, the promotion will be updated and customers shall no longer be able to purchase under the previously advertised price.

13.4. Intellectual Property

The Vuly website, products and all other contents, features, and functionality (including but not limited to text, images, videos, software and the design arrangement thereof) are owned by Vuly and it’s related entities and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws.

These terms and conditions grant you a personal, non-exclusive, non -transferable, revocable licence to access and use the Vuly website and products. You must not reproduce, distribute, modify, create derivative works of, publicly display/perform, store or transmit any material from our website or physical products, except as incidentals as part of general software, social media, linking and other platform expressly enabled.

All logos, images and text regarding Vuly products, print material and website are copyright Vuly USA Operations Corp 2008+. All trademarks are ® trademarks. Unless specific written permission is obtained from the appropriate parties, these trademarks or logos should not be appropriated by third parties in any way.

14.0. Affiliates

Affiliates may share their unique affiliate tracking link on their website, emails, blogs and social media platforms. Anyone who clicks on the affiliate's unique link and thereafter places an order on Vuly's website within 60 days of clicking the link, will be attributed to that affiliate as a "potential sale". This is tracked using both session data and cookies stored on the user's browser.

A "potential sale" is viewed as a "converted sale" when the order is both a) paid in full, and b) dispatched or picked up by the customer. "Converted sales" will earn the affiliate a commission on the total value of the sale.

Commission is paid on the third monday of each month for the commission earned on "converted sales" during the prior month. Commission will be paid by Vuly via Electronic Funds Transfer, Paypal or alternative method via custom arrangement with Vuly.

If Vuly deems that the affiliate is abusing/misusing their link, Vuly will provide written notification by email with 7 days for the affiliate to rectify. If rectified, no further action will be taken. If left unrectified after 7 days, Vuly will suspend the affiliate's account, at which time further commission is not liable to be paid. Unless an affiliate's link is suspended in this scenario, affiliate links do not expire naturally.

Affiliates are provided a username and password with which they can track their commission in real time via Vuly's affiliate portal.

Commission Exclusions:

• - Orders placed by the affiliate themselves do not earn affiliate commission.
• - Commissions exclude the value of any taxes applied to a given order.
• - Warranty claims, spare parts replacements, and installation services do not earn affiliate commission.
• - Orders from resellers/wholesalers do not earn affiliates commission.

Vuly reserve the right to change these terms for affiliates at any time by providing 30 days prior notice.

If an affiliate has not generated a sale within a 12 month period, Vuly reserve the right to deactivate their affiliate status. Vuly will provide written notice 7 days prior of such deactivation to the affiliate.

15.0 Third Party Websites

This website may contain hyperlinks to websites operated by third parties. You accept that Vuly has no control over, and is not responsible, for any material contained on any third-party websites. Links to third-party websites are provided for your convenience and do not constitute an endorsement of that third party, or any products or services referred to on their site unless expressly stated otherwise.

16.0 Governing Law

The Terms are governed by the laws of the United States of America. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of USA, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.