The Australian Competition and Consumer Act (2010) (the ACC Act) (including the Australian Consumer Law), as well as other Australian laws, guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of our Scoot Boots sold in Australia (the Warranty).
You are therefore entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have our Scoot Boots repaired or replaced if our Scoot Boots fail to be of acceptable quality and the failure does not amount to a major failure. What constitutes a major failure is set out in the Australian Consumer Law.
Nothing in this Warranty purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the ACC Act and other Australian laws. This Warranty gives you additional protection for your Scoot Boots and identifies a preferred approach to resolving warranty claims, which will be the quickest and simplest for all parties, subject to the exclusions, on terms and conditions below.
Coverage and Application
Scoot Boot Pty Ltd (Scoot Boot) warrants that our Scoot Boots:
- Are of acceptable quality
- Do not have any latent defects
The period during which this Warranty is in effect is 90 days from the date Scoot Boots are purchased (the Warranty Period) either from Scoot Boot or a Scoot Boot Stockist.
Making a Warranty Claim
If you consider that our Scoot Boots are not of acceptable quality, have a latent defect, or is otherwise not compliant with the conditions, warranties, undertakings, and legal rights given to you under Australian Law (for example, our Scoot Boots appear faulty or damaged) you can make a claim under this Warranty.
So that we may consider your claim and authorise the return of your Scoot Boots you will need to:
- Email us at firstname.lastname@example.org
- State the reason why you consider your Scoot Boots are faulty or damaged
- Provide proof of purchase
A claim under this Warranty is not formally made unless and until proof of purchase is provided. This does not detract from your statutory rights.
A claim must be made within the Warranty Period. You may have statutory rights, which cover defects that were not notified to us within the Warranty Period.
If following receipt of a claim under this Warranty, Scoot Boot or any of its agents determine that your claim is valid and if our Scoot Boots can be repaired and the failure to comply with the Warranty is not a major failure or a failure of a substantial nature, Scoot Boot will repair your Scoot Boots at no cost to you.
If our Scoot Boots cannot be repaired or the failure to comply with the Warranty is a major failure or a failure of a substantial nature, Scoot Boot will refund you the amount paid for your Scoot Boots (please see our Returns Policy as to the procedure to return your Scoot Boots).
If after receipt of a claim under this Warranty Scoot Boot determines that your claim in respect of its product is invalid, Scoot Boot reserves its right to charge you for labour, parts, freight costs and any other costs incurred by Scoot Boot in assessing your claim.
This Warranty is transferable to a subsequent owner of your Scoot Boots but only in the event that Scoot Boot is notified of the sale of your Scoot Boots in writing within a reasonable time of the sale, detailing:
- the subsequent owner’s name and contact details
- the previous owner’s name and contact and purchase details
The effective transfer of this Warranty does not otherwise alter the terms of this Warranty in any way.
This section identifies what is excluded under this Warranty.
For the avoidance of any doubt, any and all warranties or conditions which are not guaranteed under the ACC Act or the Australian Competition and Consumer Regulations 2010 and which are not expressly included in this Warranty as additional warranties or conditions are excluded.
This Warranty does not extend to loss or damage caused by:
- Normal wear and tear (refer to our ‘Frequently Asked Questions’ page as to the durability of our Scoot Boots)
- Misuse or abusive use of Scoot Boots
- Exposure to abnormally corrosive conditions
- Exposure to detergents or chemicals such as fly or mosquito spray
- Use of non standard, incompatible parts
- Repair or modification or other work carried out on your Scoot Boots
- Use of a heat gun to custom fit your Scoot Boots
- Scoot Boots used over metal shoes
- Incorrect sizing (please see our Returns Policy)
- Insertion of studs other than Scoot Boot recommended quick studs
This Warranty does not cover any defects not notified to us within the Warranty Period, however you may have statutory rights outside the Warranty Period.
Scoot Boot excludes all liability in respect of its Scoot Boots for any other loss, which is not reasonably foreseeable from a failure of our Scoot Boots, which may include liability for negligence.