Terms and Conditions

About These Terms and Conditions

In these Terms and Conditions "we" and "us" mean Orca Corporation Pty Ltd ABN 70 624 401 092 of 11 Verrell St, Wetherill Park, NSW 2164 Australia, and "you" means you the customer.

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

Australian Sales Only

We only sell and ship Products within Australia. We will not make deliveries outside of Australia.

Legal Capacity to Transact

If you are under the age eighteen (18) years you cannot place orders with us.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.

Placing Your Order

You may place an Order by filling in the Order Form on our Web Site and clicking the "Place Order" button.

When you place your Order, we will issue you with an Order Number. We will do this by email.

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on our website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email. Orca Corporation Pty Ltd reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Payment Methods and Processing

We currently accepts payments via PayPal, Visa, MasterCard and Bank Deposit.

Payment processing will not begin until we receive all the information we need.

Business days are Monday through Friday, excluding NSW Public holidays.

We process credit card and PayPal payments after you click the "Confirm Order" button.

Where you pay by Bank Deposit you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation.

If a Bank Deposit payment is not received within 7 days from the date that you receive your Order Confirmation, we reserve the right to cancel the transaction.

For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Where you pay by Bank Depsoit a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase.

Please note we are unable to accept credit cards issued by banks outside of Australia.


All prices shown on our website include GST.


We always seek to list Products with the most competitive prices.

We reserves the right to change prices for Products displayed on our website at any time.

The price of products shown excludes shipping costs.

Shipping cost is shown separately on the product page and checkout page and is calculated based on how many and what items you place in your shopping cart.

Supply Of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.

When your Order items have been dispatched, we will email you to confirm shipment of each item.

Delivery Of Your Products

Delivery time takes up to 14 working days from the date your payment is received. Please note that Bank Deposit payments take 1-3 business days to process.

We make every effort to deliver your Product according to the estimated delivery times provided by us at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.

We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.

Title and risk of loss to all Products will pass to you on delivery.


Orca Corporation Pty Ltd in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers.

Coupons can only be used towards the (partial) payment of an Order on our website.

Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon. Orca Corporation Pty Ltd will determine the content of Terms and Conditions governing Coupons in its absolute discretion.

Where a Coupon is used towards the payment of an Order there may be an outstanding balance due on the Total Cost of your Order. You must thereafter pay any outstanding balance due on the Order by PayPal, Visa, MasterCard or Bank Deposit.

Returning a Product

If you change your mind about a purchase or make an incorrect choice, we will provide you with a store credit within 14 days of delivery for unopened products. This credit does not include delivery costs.

If the Product is damaged or 'Dead on Arrival' we have indicated below what you should do and how we will respond to the problem.

We will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.

For further assistance with product returns, please contact us.

Statutory Conditions and Warranties

Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.

For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.

Damaged Products / 'Dead On Arrival'

A Karly Floats Product is considered 'DoA' if it shows symptoms of a failure, or is discovered to be broken or defective when first taken from its packaging.

A Karly Floats Customer Service Representative will provisionally determine whether the Product is 'DoA'. A photo may be requested to assist with the assessment of your claim. Where a Product is provisionally determined as 'DoA' we will arrange to provide a full refund or a replacement product, depending on your choice.

Where we have provisionally determined that a Product is 'DoA', return shipping will be arranged at our expense.

If the Product is deemed by Customer Service NOT to be 'DoA', and is not covered by a warranty, Karly Floats may refuse to replace the Product or give you a refund for the Product.

When a Product is replaced, your replacement Product becomes your property and the returned 'DoA' Product becomes our property. Replacement Products are provided with the same warranty as the returned Product.

When a refund is given, the returned 'DoA' Product becomes our property.

Return Authorisation - A Must Have

A Return Authorisation (RA) number is required for replacement Products and refunds.

Where Customer Service has provisionally determined that a Product is DoA, we will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to us within 30 calendar days of the issuance of the RA. Where possible, all Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, only a partial refund will be applied.

Organising the Return of a 'DoA' Product

'DoA' Products must be returned whenever we agree to provide you with a refund or replace the Product.

Karly Floats will pay for returned 'DoA' Products automatically if you notify us of your claim within 30 days of delivery. Where you received a 'DoA' Product by Australia Post eParcel, we will email you a PDF voucher containing an RA which you must print and affix to the product. You must then leave the Product at any Australia Post Office.

Where you have received a 'DoA' Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you. Customer Service will email you a PDF voucher containing an RA which you must affix to the product.

When a Replacement Product is Arranged

* A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned 'DoA' Product.

* The delivery time for the replacement Product will be the same as stated for the original 'DoA' Product.

* Replacement Products are provided with the same warranty as the 'DoA' LD Product from the date the Replacement Product is dispatched.

Some Products - Manufacturers Warranty

Some Products sold by us are serviced and supported by the manufacturer or supplier in accordance with the warranty information provided on the listing or with the product. Items involving electronic parts require a high level of support therefore we would ask you to contact the manufacturer or supplier for trouble-shooting assistance. If the manufacturer or supplier is unable to assist, and the product is covered by a statutory warranty, we will replace the item, issue a refund or otherwise provide a remedy.

Our Liability

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Your Data - Use and Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Karly Floats Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Karly Floats Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.


You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Karly Floats. Any unauthorised assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

We reserve the right to change the Terms and Conditions of sale at any time.

No Karly Floats employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

Karly Floats shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Karly Floats, and Karly Floats shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

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