These are the terms and conditions under which we agree to sell your selected item(s) to you, and you agree to purchase those item(s) from us. These terms and conditions are not negotiable, and no sale through this site is accepted other than on terms and conditions expressed here. If you do not agree with all these Terms and Conditions, do not proceed with the purchase.

1. References in these Terms and Conditions to “you” or “your” are a reference to you as the purchaser – being the individual who clicks on the relevant button on this site to approve the purchase of the selected Item(s).
2. You freely and voluntarily accept these Terms and Conditions in your personal capacity, notwithstanding that you may be acting on the belief or basis that you are completing the purchase for, or on behalf of, another individual or entity.
3. In making a purchase from this site, you are making a purchase from Conrad Canterford, the owner and operator of this site, trading under the business name “Water Sprite” in the Australian Capital Territory, Australia (“the ACT”). References in these Terms and Conditions to “we”, “us” or “our” are a reference to Conrad Canterford, his agents, contractors, and employees, operating in this business capacity.
4. By proceeding with this sale, you expressly and unequivocally accept these Terms and Conditions in their entirety as binding and governing the rights and responsibilities of both parties to this sale, to the exclusion of all other rights, contracts or agreements.

Location of Sale

5. All sales through this site are deemed to take place as though we (Water Sprite) and you (the purchaser) are both physically located in the ACT at the time of the sale. This is the case notwithstanding that the sale is occurring over the internet, and regardless of the actual physical locations of any of the parties to it at the time of the sale.
6. The relevant law that applies to this sale is the law as it applies in the ACT at the relevant time. This will be the case notwithstanding any physical, residential, corporate or other connection with any other jurisdiction any of the parties, their agents, contractors or employees, may have at any time. This is also the case despite any law to the contrary in your or any other legal jurisdiction and despite any Conflict of Laws processes that may exist in any other jurisdiction.

Prices are final

7. Prices as displayed on this site are final. On clicking “Submit” on the Checkout screen, or any other button on the site that indicates that you are completing your purchase and paying for the item(s) selected, you have committed to the purchase and have agreed to pay the price for that item(s), and any freight charges as indicated on that page.
8. In making this purchase, you undertake to make prompt payment in full for the item(s) selected plus any freight charges, at the price displayed (or at such price as is determined through our payment system as being the equivalent at that point in time in your currency to the amount displayed).

Not to charge back or dispute a charge

9. You agree that you have been accorded all due time to consider your purchase and you have entered into this purchase having duly considered whether the item(s) being purchased are suitable for your needs, taking account of the description of the item(s) available on this site.
10. You agree that you will not dispute the charge or cause a charge-back against the payment to be made for any reason. This applies notwithstanding any dispute you have or think you may have with any person (including us) for any reason. This includes any dispute regarding their liability to pay for some or all of the item(s), or for their actions (or failure to take actions) that has or may have resulted in loss or damage to your property or injury to persons.
11. Any disputes are to be resolved directly with the person concerned, and if that person is us, we agree to make prompt payment of any agreed amount payable, or any amount found by a competent court, or other agreed arbitrator, to be liable by us to you. This includes any refund payable where the goods are agreed to have been subject to a manufacturing fault or damaged during transit prior to delivery to you.

No liability for additional expenses

12. You warrant that you are legally permitted to import any item(s) purchased from us into your nominated country of delivery and will pay any duties, fees, taxes, charges or other expenses necessary to effect that importation, and that any dispute that arises over that importation is a matter for you to resolve. Specifically, you agree to indemnify us from any expenses that may be incurred by us or our contractors in defending or settling such a dispute where we or our contractors are included in the dispute process. You accept that the decision whether to defend or settle the matter with respect to us our our contractors is solely a matter us or our contractors to decide, and you have no right to be consulted in the making of that decision.
13. We are not liable for any expense, however it is imposed or characterised, that is incurred through you failing to accept your items for delivery or redirecting the delivery of your item(s) to another location. This includes costs or expenses incurred should a carrier elect to return your item(s) to us or our contractors because they were unable to effect delivery to your nominated address within their normal terms of service.
14. We are not liable for any fees or charges you incur in conducting your transaction with us. This includes any fees or charges imposed by your bank for conducting cross-border transactions, for currency conversion, and similar.

Warranties

15. Water Sprite warrant that the item(s) you purchase will be in accordance with the description of those items on this site, and suitable for use in the normal manner for items of that type.
16. Water Sprite explicitly exclude any other warranty, with the exception of those warranties that cannot be excluded under ACT law.

Termination of agreement

17. Notwithstanding anything else in these Terms and Conditions, we may, at our sole discretion, elect to refund the full purchase price (and freight charge, if applicable) paid by you, excluding any service fees charged to you in your use of a payment service to make payment to us, in lieu of making delivery of the item(s). In doing so, all rights and obligations under these Terms and Conditions are extinguished.

Other policies included by reference

18. Our Refund and Returns Policy is included by reference and also forms part of these Terms and Conditions.
19. Our Incorrect address on order Policy and Delivery Times and Costs policy further explain and expand on these Terms and Conditions, but do not replace them. To the extent there is any inconsistency, these Terms and Conditions prevail.