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terms
 Terms of Sale
1. DEFINITIONS AND INTERPRETATIONI
1.11 IN THESE CONDITIONS:
Contract means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions means the standard terms and conditions of sale set out herein, including any special terms and conditions agreed in writing by us and attached here to;
Goods means the goods and/or services which we shall supply in accordance with these Conditions, details of which are set out overleaf;
We means Willowizard Australia, and “us” and “our” shall be construed accordingly;
You means the customer whose details are set out overleaf, and “your” shall be construed accordingly.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
1.4 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.5 Unless expressly stated otherwise, where our prior written consent is required in these Conditions, then we shall be under no obligation not to unreasonably withhold or delay in giving that consent.
2. BASIS OF SALE
2.1 These Conditions shall apply to all Contracts for the sale of Goods by us to you by telephone or through our website to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, and no variation of these Conditions shall be binding unless agreed in writing by us and attached hereto. These Conditions set out the entire agreement to the exclusion of all other terms and conditions.
2.2 Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by us in writing. In entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.
2.3 Where the Goods are to be delivered by instalments, each instalment shall constitute a separate Contract. Failure by us to deliver any instalment shall not entitle you to treat the Contract as repudiated.
2.4 All specifications, drawings and particulars of prices, weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract.
3 ORDERS AND SPECIFICATIONS
3.1 No order submitted by you shall be deemed to have been accepted by us unless and until confirmed by us. All orders are subject to availability and on a first-come first-served basis. Goods cannot be reserved, and we reserve the right to refuse to accept an order.
3.2 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions
3.3 If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, you shall indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from our use of your specification. We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or Australian requirements.
4 PRICE OF THE GOODS
4.1 The price of the Goods shall be our quoted price. All prices and price information were correct at the time of publishing, and are subject to change without notice. The quoted prices are for online or telephone purchases only, and may not be the same as in our mail order catalogues.
4.2 We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to us which is due to any factor beyond our reasonable control, any change in delivery dates, quantities or specifications for the Goods which are requested by you, or any delay caused by your instructions or your failure to give us adequate information or instructions. You will be asked to re-confirm your order at the new price.
4.3 Except as otherwise agreed in writing by us, all prices are given by us on an ex works basis, and where we agree to deliver the Goods otherwise than at our premises, you will be liable to pay our charges for transport, packaging and insurance.
4.4 The price is inclusive of any applicable value added tax which you shall automatically be liable to pay to us. Any changes in the rate of value added tax will result in an automatic change in our quoted prices.
4.5 We reserve the right to alter the specification of products as necessary and offer an equivalent or better product in the event of stock anomalies.
5. TERMS OF PAYMENT
5.1 Please see our Payment Options for our terms of payment.
5.2 If you fail to make any payment on the due date then we reserve the right to:
(a) cancel the Contract or suspend further deliveries to you;
(b) appropriate any payment made by you to such of the Goods as we may think fit;
and
(c) charge you interest (as well after as before any judgment) on the amount unpaid, at the rate of 5% per annum above ANZ Bank plc base rate from time to time, until payment is made in full, accruing pro rata on a daily basis.
6 DELIVERY
6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to:
(a) store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
(b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
6.5 Please see our Delivery & Postage policy for postage charges.
7 RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when we have tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the legal and equitable property in the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
7.3 Until such time as the property in the Goods passes to you (and provided the Goods are still in existence and have not been resold) we shall be entitled at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith, to enter upon any premises where the Goods are stored and repossess the Goods.
8 WARRANTIES AND LIABILITY
8.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
8.2 Where the Goods are sold under a consumer transaction (as defined by the Trade Practices Act 1974 and governed by the ACCC) your statutory rights are not affected by these Conditions. Further information on statutory rights can be obtained from www.consumer.gov.au.
8.3 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or our employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
9 YOUR INSOLVENCY
9.1 If you make any voluntary arrangement, become bankrupt, insolvent or commit any other act of bankruptcy, we reserve the right to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
10 GENERAL
10.1 We will not liable to you or deemed to be in breach of contract by reason of delay or failure to perform any of the Company’s obligations if the delay or failure to due to act cause beyond our reasonable control.
10.2 These Conditions do not purport to confer a benefit on any third party.
10.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other’s principal place of business.
10.4 No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.5 If any provision of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder shall not be affected.
10.6 The Contract and these Conditions shall be governed by the laws of Australia, and you agree to submit to the exclusive jurisdiction of the Australian courts.
10.7 We reserve the right to monitor and record telephone calls our staff receive and make in order to monitor staff performance and ensure the highest service possible to our customers.
10.8 All photographs, images and descriptions on this website are the copyright of Willowizard Australia, and may not be reproduced without the express consent of Willowizard Australia.
11. YOUR RIGHT TO CANCEL
11.1 If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time within seven working days on the date of receiving the goods.
11.2 If you wish to cancel before the Goods are despatched, you are asked to contact us by email or phone as soon as reasonably possible.
11.3 If you wish to cancel after the Goods are despatched, please return the Goods to us indicating whether you require an exchange or refund. Please refer to our Returns policy
11.4 Please note that this right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.
Returns Policy
Willowizard Factory Shop offers a 'No Quibble Guarantee' on all purchases. This means anything bought can be returned as long as it has not been worn and returned in its original packaging.
Willowizard Factory Shop does not offer a free returns service unless the items are deemed faulty or incorrectly sent. In these cases we will refund the postage costs on receipt of your parcel.
If you are not happy with your unworn purchase for any reason, you may return it to us within 14 days of receipt for an immediate replacement or refund. This does not affect your statutory rights.
If you wish to exchange goods that we have sent correctly in accordance with your order we will gladly exchange the items subject to our Handling Charge of $12.00AUD.
Please use the following steps to return your parcel:
* Complete a Returns Note in full. Click this Returns Note Link to view and print off a Returns Note
* Pack your parcel securely making sure you include your Returns Note.
* Label you parcel and return to the address below:
Returns Department
Willowizard Australia
Willowizard Australia
778 Ferntree Gully Road
Wheelers Hill VIc 3150
Take the parcel to the Post Office or reputable national courier. We advise that you use the "Standard Parcel delivery service" if using the post office with the extra compensation option if the goods exceed the value of $60.00AUD (this option should only cost approximately $10.00AUD and will ensure you will be compensated in full should your parcel go missing). Please ensure your parcel is covered for the value of its contents.
Maintaining your Cricket Bat
Willowizard has been making bats for almost 5 years and we are proud of our quality and performance. Each bat is meticulously handcrafted to help give you the performance you need.
Important
In order for you to get the maximum performance out of your bat follow these simply instruction before use otherwise you may jeopardise your warranty.
Ready-Play Bats
If you have purchased a ready-play bat your bat will be knocked-in, fitted with a Toe Guard and either waxed or pro-faced. You can use this bat immediately. However, we do recommend that knocking-in is continued, which will further improve the bat’s performance & resilience.
Knocking In
Cricket bats are a ‘complex tool of trade’ and to get the best results you need to knock in a cricket bat whatever finish you buy. This helps prevent damage when hitting a fast moving cricket ball. Patiently knocking-in the bat with an old ball in a sock, ball mallet or rounded wooden mallet on the face, edges and toe of the blade.
Pay particular emphases to the edges and toe as these are the most vulnerable areas having the least surface area when striking the ball in use, but do not strike the edges and toe full on, strike them as you would hit them with the ball on the front edges only. Striking the edges and toe full on will result in damage.
We recommend that a minimum of 10 working hours over a 2 week period before use including light nets with old balls, before use with a new ball. It should also be stressed you cannot over knock in a cricket bat so the more you do it the better the performance and the more resilient your bat will become.
Finally as bats are made from a natural material everyone is different in characteristics meaning some will need more, and some less knocking in to get the best results.
Supreme Finish
A Supreme finish is a waxed polish finish or a natural blade. This finish needs oiling with Linseed Oil. Apply 2 to 3 light coats with the palm of your hand or a rag to the face, edges and toe areas of the cricket bat never going above the splice area of the blade. This would result in the weakening of the handle. The back of the blade only needs one initial coat avoiding the splice. All this should be done over a period of 2 weeks leaving it horizontal in-between coats. It must be noted that you should never stand a bat in oil and over oiling will damage the performance of your cricket bat.
The Pro-face/Fibre-face finish
The Pro-face/Fibre-face finish has a specialider">Pro-face/Fibre-face Fsed tape over the blade making it a sealed unit. It is designed to stretch both ways to help protect the edges and face of the blade. It should not be removed and only needs oiling in the exposed toe area as per the Supreme finish to help prevent dampness getting into the toe.
Helpful Hints to preserve the life of your cricket bat
Do not use cheap hard cricket balls, as it will only result in unwanted damage. Be sure to use best quality leather cricket balls at all times.
Constant edging will result in damage to your bat. The more you do it the more damage you are likely to occur. Bats are designed to be hit in the 6 to 9 inches from the toe in the centre.
Forcing ‘Yorkers’ out will eventually result in the toe splitting beyond use. Try to block ‘Yorkers’ to prevent serious damage especially on hard artificial or indoor surfaces.
Do not misuse your bat in any way, e.g. knocking stumps in with the blade, hitting net posts, etc.
Do not constantly tap the bat in the crease in wet conditions otherwise the toe will swell and may cause splitting if dried too quickly. Use Linseed Oil to prevent water penetration.
Do not over oil a bat, as it will effect the bat’s performance.
Do not continue to use your bat if damaged as you could aggravate the damage to an unplayable state that could have been simply repaired if it had been inspected in the first instance. We are only at the end of a phone so if you are unsure give us a call or your local stockist. A simple repair can rectify most cases and play can be continued as soon as it is returned giving complete satisfaction.
Repairing your Bat
Cricket bats that are in need of repair, servicing or inspection should be sent to the address below carriage paid with a covering letter of the what needs to be inspected and/or done to the bat along with full contact details:
Bat Repair Dept
Willowizard Australia
778 Ferntree Gully Road
Wheelers Hill Vic 3150
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