Table of contents:
4.0. Conditions of Sale
5.0. Title and risk
7.0. Price and Payment
9.0. Product Registration
11.4. Warranty Claims
11.5. Australian Consumer Law
12.0. Missing parts
13.0. Order cancellations
14.0. Order Returns
15.1. Product portrayals
15.2. Product pricing
15.4. Intellectual Property
16.0. Territories serviced
The following is essential information about the rights and responsibilities of both the seller and the customer. It also includes a list of Terms & Conditions to which all parties must agree prior to the commencement of business with Vuly.
‘Vuly’, when used in these Terms & Conditions, refers to all organisations under the control of Vuly Trampolines Pty. Ltd. Vuly reserves the right to amend or delete the following Terms & Conditions at any time.
While Vuly strives to provide up-to-date information via www.vulyplay.us, it cannot guarantee that this information is current. Please contact Vuly on 877-775-3478, if you believe that you do not have access to the most recent Terms & Conditions.
Your interaction with Vuly USA Operations Corporation ( EIN: 35-2505752) 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.
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 1988 (Cth) ("Privacy Act"), which sets out several principles concerning the protection of your personal information.
The following Conditions of Sale will apply to, and bind the purchaser of, any Vuly USA Operations Corporation ( EIN: 35-2505752) product.
All transactions are processed in US Dollars (USD).
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 Corporation ( EIN: 35-2505752) (“Vuly”), as supplier of outdoor play products and accessories, sells all Products subject to the following conditions:
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.
Title to, and ownership of, any product ordered from Vuly passes to the customer only when:
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 Vuly warehouse, or from the location specified in that notice.
Products may be delivered through the general (non-express) service of an independent delivery company to all residential and business addresses within Australia. Therefore, after dispatch from the Vuly depot, delivery is covered under the Terms & Conditions of the independent provider and not the Terms & Conditions of Vuly.
The following are approximate delivery times throughout Australia. 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 through the delivery provider.
|State||Estimated delivery time|
|Queensland||1 - 5 days|
|New South Wales||1 - 6 days|
|Canberra||2 - 5 days|
|Victoria||2 - 7 days|
|South Australia||4 - 7 days|
|Tasmania||7 - 8 days|
|Western Australia||4 - 12 days|
|Northern Territory||4 - 12 days|
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.
Prices are always displayed in AUD 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, direct deposit, zipPay, Afterpay and for in store orders cash may be accepted. 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.
Services to assemble the customer’s product are available from $199, through third-party providers. Usage of these installers may incur an additional fee. Vuly does not guarantee that installation services will be available in the required area.
Authorised Vuly installers are:
Customers must not use unauthorised installers; damage due to incorrect assembly by an unauthorised installer is not covered by the Vuly warranty.
Contact Vuly on 877-775-3478 before placing your order for referral to a certified installer in their area.
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, at its Brisbane showroom 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.
All Vuly products are sold with a manufacturing warranty, which assures that the item is free of defects in workmanship and materials (“warranty”).
Warranty periods always commence from the date the items are sent to the customer.
Warranty periods on Vuly trampolines and swing sets 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 trampoline or swing set do not change the original warranty period of that product.
This warranty is for use under normal conditions, and it applies for:
Trampolines (Vuly/Lift series and Thunder series)
Trampolines (Ultra series)
Trampolines (Flare series)
Play Sets and Swing Sets
Basketball Systems (portable and in-ground)
Accessories for products
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].
The aforementioned Vuly warranty applies to Vuly trampolines and Trampolines Australia trampolines sold after 1st December 2008. These are the trampolines with Square T-sections.
If a customer purchased an earlier model trampoline – with a rounded T-section – the warranty, for use under normal conditions, applies for:
Any previous generation products that are no longer in production (Classic, Vuly2, Thunder 1.0, Thunder Summer) that Vuly has marked as in 'clearance' from 1st November 2017 are sold with the following warranty, rather than the standard Vuly warranty:
Vuly warranties apply only for the original purchaser, to a product purchased from Vuly Play or an Authorised Reseller. On-selling a Vuly product voids any and all warranties.
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.
This warranty does not extend to normal wear and tear of the product. This may include, but is not limited to:
As outdoor products that are actively used, these products and their accessories will experience wear and tear over time.
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.
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.
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.
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.
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.
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.
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.
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.
If it is determined that installation has commenced and the customer is missing or does not have the correct parts, Vuly will cover the cost for the installer to return and complete the installation once the correct parts have been received.
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.
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:
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
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. Vuly will also cover any costs associated with shipping the replacement part.
Vuly will cover only the value of the freight cost to deliver to the customer's original shipping address, or any address within Australia. If the customer has subsequently moved outside of Australia, they must cover freight charges – regardless of warranty fault.
If a customer wishes to make a Warranty Claim while on the Vuly premises, they must first submit an online Warranty Claim at www.vulyplay.us/support – providing all required details of the purchase, batch number and photographic evidence of the manufacturing fault or defect – or meet all such requirements while in-store.
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.
Products sold alongside Vuly that are not Vuly-branded are subject to the warranties provided by the companies that supply them. The customer must contact these external companies to make a warranty claim; Vuly itself will not assess claims made against non-Vuly products.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
If a customer believes that a Vuly product does not include all necessary parts, they must contact us immediately on 877-775-3478.
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.
Vuly products are delivered to Vuly HQ prepackaged; we are unable to check the boxes prior to delivery to ensure that they contain all the required parts. While the missing part rate during packing is very low, some parts may also fall out in transit due to small, unintentional tears in their boxes.
13.1. Orders that have not been prepared for dispatch from the Vuly Warehouse
If the customer has made payment, and their order has not been prepared for dispatch, they may cancel their order for any reason and are entitled to a refund on the order amount to their nominated bank account (excluding credit card surcharges), subject to incurring a non-refundable cancellation fee.
Cancellation fees are:
13.2. Orders that have been prepared for dispatch by our warehouse or that have already been dispatched from the Vuly Warehouse
If the customer has made payment, and their order has been prepared for dispatch by our warehouse or has already been dispatched but not yet delivered by the designated courier - the customer may cancel their order for any reason and are entitled to a refund on the order amount to their nominated bank account (excluding credit card surcharges), subject to incurring a non-refundable restocking fee and covering any return freight fees.
Return freight is calculated upon the items being returned to Vuly HQ and the associated fees will be deducted from the customers refund along with Restocking Fees. By requesting to return an order, the customer accepts responsibility for paying all fees associated with returning the order to Vuly HQ.
In the event of a government imposed lockdown due to COVID-19 resulting in the suspension of freight companies:
The customer may return their received order, if they have changed their mind on the purchase, and are entitled to a refund on the order amount to their nominated bank account (excluding credit card surcharges) within 14 days of receiving their order and only if the product packaging is unopened, subject to incurring a non-refundable restocking fee and covering any return freight fees.
Restocking fees are:
Faulty or defective products are covered by the Vuly Warranty policy (9.0. Warranty), not this Order Returns policy.
Vuly attempts to provide the most accurate and updated information in the content of its website, catalogues and other promotional material.
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.
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.
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.
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 Australian and 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 Trampolines Pty. Ltd. 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.
From 1 May 2017, Vuly no longer offers direct sale of new trampolines or play sets to international customers. Vuly's sales team services Australia and New Zealand only.
International customers must purchase new Vuly products from retailers in their country.
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 first 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.
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.