Terms of service

Effective date: 01 Jul 2026

These Terms and Conditions apply to your use of the H2O Audio Australia website and purchases made through our online store. H2O Audio Australia is operated in Australia by B & K Holdings (QLD) Pty Ltd (ABN 47 092 133 858) ("H2O Audio Australia", "we", "our", "us").

By using our website or placing an order, you agree to these Terms and Conditions. Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law. Consumer guarantees under the Australian Consumer Law apply automatically and cannot be excluded by a business's terms.

1. Use of Our Website
   

   You may use our website for lawful purposes and in accordance with these Terms and Conditions.
   You must not:

   • use the website for unlawful or fraudulent purposes;
   • attempt to gain unauthorised access to the website, systems or customer information;
   • interfere with the operation, security or functionality of the website;
   • introduce malicious software, automated attacks or harmful code;
   • use automated tools to extract website content or data in a manner that places an unreasonable burden on our systems; or
   • use the website in a way that infringes the rights of another person.

   We may take reasonable steps to protect the website, our systems and our customers where we identify suspected misuse, fraud or security threats.

2. Product Information and Specifications
   

   We aim to ensure that product descriptions, specifications, images and other information published on our website are accurate and current.
   Product images are provided for illustrative purposes. Minor differences in appearance, colour or packaging may occur due to screen settings, manufacturing changes or updated product presentation.

   Product specifications, functions, waterproof ratings and compatibility may differ between models. You should review the information and published specifications for the particular product before purchasing or using it.

   Where a product is described as waterproof, water-resistant, suitable for swimming or suitable for another aquatic activity, that description applies only within the published specifications and intended operating conditions for that product.

   Waterproof or water-resistant products must be used within any stated depth limitation, operating condition and product-care requirement. Use outside those specifications may result in damage or product failure.

   A waterproof or water-resistant rating does not mean that a product is suitable for every aquatic environment, depth or activity. Unless expressly stated in the product specifications, you should not assume that a product is suitable for diving, high-pressure water exposure, extreme temperatures or other conditions beyond its stated intended use.

   Nothing in this section limits any right you may have where goods do not correspond with their description, are not of acceptable quality or are not fit for a purpose covered by the Australian Consumer Law.

3. Product Use, Care and Compatibility
   

   Products must be used, charged, maintained and cared for in accordance with the manufacturer's published instructions, specifications and intended operating conditions.
   Depending on the product, these requirements may include:

   • observing published waterproof ratings and maximum depth limitations;
   • using the product only for stated or intended aquatic activities;
   • complying with any closure, sealing or connection requirements;
   • rinsing, cleaning, drying or storing the product as instructed after use;
   • complying with charging and power requirements;
   • using compatible devices, systems or file formats;
   • observing Bluetooth and wireless operating limitations; and
   • correctly fitting or positioning the product.

   The description of a product as waterproof or suitable for swimming does not remove the need to comply with its stated operating limits and care requirements.

   Damage caused by use outside published specifications, depth limits or operating conditions may not constitute a product fault or failure to comply with a consumer guarantee.

   You are responsible for considering whether a product is suitable for your particular requirements before purchasing. However, where you make a particular purpose known to us and rely on our skill or judgement, your rights under the Australian Consumer Law may apply.

4. Prices
   

   All prices displayed on the H2O Audio Australia website are in Australian dollars unless otherwise stated.

   Prices include Goods and Services Tax (GST) where applicable.

   We may change advertised prices from time to time.

   A price change will not alter the price of an order that we have already accepted, except where permitted or required by law.

   Shipping charges, where applicable, are displayed at checkout and are addressed in our Shipping Policy.

5. Placing an Order
   

   When you place an order through our website, you are making an offer to purchase the products shown in your order.

   Submitting an order does not necessarily mean that we have accepted your order.

   After placing an order, you may receive an automated order confirmation. This confirms that we have received the order but does not necessarily constitute acceptance of the order.

   We may review an order before accepting it.

   An order is accepted when we confirm acceptance, commence fulfilment or despatch the products, whichever occurs first.

6. Availability and Order Acceptance
   

   All orders are subject to product availability.
   We may decline or cancel an order where reasonably necessary, including where:

   • a product is unavailable;
   • an obvious pricing or product-information error has occurred;
   • payment cannot be authorised or processed;
   • we reasonably suspect fraud, misuse or unauthorised activity;
   • the delivery information provided is incomplete or cannot reasonably be serviced; or
   • accepting the order would breach a legal or regulatory requirement.

   Where we cancel an order after payment has been received, we will provide an appropriate refund of amounts paid for the cancelled products.

   We will not cancel an order arbitrarily or for a purpose inconsistent with applicable law.

7. Errors in Pricing or Product Information
   

   Despite reasonable care, errors may occasionally occur in product descriptions, availability information or pricing.

   Where we identify an obvious error before an order is accepted, we may correct the information and give you the opportunity to place an order based on the corrected information.

   Where an error is identified after an order has been placed, we may contact you to explain the issue and discuss an appropriate resolution.

   Nothing in this section permits us to avoid obligations arising under the Australian Consumer Law or other applicable law.

8. Payment
   

   Payment must be made using a payment method available through our checkout.

   Available payment methods may change from time to time and will be displayed during checkout.

   Payments may be processed by Shopify Payments or another payment service provider made available through our website.

   Your use of a payment service may also be subject to the terms and privacy practices of the relevant provider.

   We may take reasonable steps to verify a transaction or order where fraud, unauthorised payment or other misuse is suspected.

9. Shipping and Delivery
   

   Shipping charges, delivery areas, estimated delivery times and related delivery information are set out in our Shipping Policy.

   Delivery estimates are not guaranteed delivery dates unless expressly confirmed otherwise.

   You are responsible for providing complete and accurate delivery information.

   Nothing in our Shipping Policy or these Terms and Conditions limits any rights you may have under the Australian Consumer Law.

10. Returns, Faulty Products and Warranties
    

    Returns, change-of-mind requests, faulty products and warranty claims are addressed in our Returns and Warranties Policy.

    Our goods come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

    Any manufacturer or voluntary warranty provided in relation to a product is additional to your rights under the Australian Consumer Law and does not replace or limit those rights.

11. Cancellations and Changes to Orders
    

    If you wish to cancel or change an order, please contact us as soon as possible.

    We will make reasonable efforts to assist where an order has not yet entered fulfilment or been despatched.

    We cannot guarantee that an order can be cancelled or changed once processing or fulfilment has commenced.

    Where we agree to a cancellation, any refund will be processed using an appropriate method.

    Nothing in this section limits any cancellation or refund right available under Australian law.

12. Website Availability
    

    We aim to keep our website available and operating correctly.

    The website may occasionally be unavailable due to maintenance, technical issues, security measures, service-provider outages or circumstances outside our reasonable control.

    We do not guarantee that the website will be continuously available or free from interruption.

    Where reasonably practicable, we may provide information about significant known disruptions affecting the operation of the website or our ability to provide services.

13. Third-Party Services and Links
    

    Our website may use or link to services operated by third parties, including payment, delivery, communication and technology providers.

    A link to a third-party website does not necessarily constitute our endorsement of all information, products or services provided by that third party.

    Third-party websites and services may be subject to their own terms and privacy practices.

    We are not responsible for the independent operation or content of third-party websites that we do not control.

14. Intellectual Property
    

    The content of this website, including text, product information, graphics, logos, images, video, website design and other materials, may be owned by H2O Audio, B & K Holdings (QLD) Pty Ltd or their respective licensors.

    H2O Audio names, logos, product names and other brand elements may be trademarks or other protected intellectual property of their respective owners.

    You may access and use website content for your personal, non-commercial use in connection with browsing or purchasing from our website.

    You must not reproduce, distribute, modify, publish, commercially exploit or otherwise use website content without the permission of the relevant rights holder, except where permitted by law.

15. Reviews, Feedback and Other Content
    

    Where our website allows you to submit a review, feedback or other content, you are responsible for the content you provide.
    You must not knowingly submit content that is:

    • false or misleading;
    • unlawful;
    • defamatory;
    • threatening or abusive;
    • discriminatory;
    • obscene;
    • an infringement of another person's intellectual property or privacy rights; or
    • unrelated to the product, service or subject concerned.
    
    

    By submitting content for publication, you grant us a non-exclusive, royalty-free licence to use, reproduce and display that content for the purposes of operating, promoting and improving our business and services.
    We may decline to publish or may remove content where we reasonably believe it breaches this section or applicable law.

    We will not remove or suppress a genuine review merely because it is critical or unfavourable.

16. Limitation of Liability
    

    Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.

    Products must be used within their published specifications, intended operating conditions and product-care requirements.

    To the maximum extent permitted by law, we are not liable for loss or damage arising from or caused by:

    • Use of a product outside its published waterproof or water-resistant rating, maximum depth limitation or intended aquatic use;
    • exposure to an aquatic environment, water pressure, temperature or other condition for which the product is not expressly specified as suitable;
    • failure to comply with published closure, sealing, fitting, rinsing, cleaning, drying, charging, storage or other care requirements;
    • use contrary to the manufacturer's published instructions or operating specifications;
    • use with incompatible devices, systems, accessories, power sources or file formats;
    • unauthorised modification, alteration, repair or disassembly of a product;
    • accidental damage, impact or other external events unrelated to a defect in the product; or
    • continued use of a product after damage or abnormal operation becomes apparent, where that continued use causes or contributes to further loss or damage.

    A product described as waterproof, water-resistant or suitable for swimming is represented as suitable only for use within the published specifications and intended operating conditions applicable to that product. Such a description does not represent that the product is impervious to damage in all aquatic environments or under all forms of water exposure.

    This section does not apply to the extent that the loss or damage was caused or contributed to by our breach of law, negligence, misleading representation, or failure to comply with an applicable consumer guarantee.

    Where a product does not comply with an applicable consumer guarantee, your rights and available remedies are determined in accordance with the Australian Consumer Law. Depending on the failure, those remedies can include repair, replacement, refund and compensation for reasonably foreseeable loss or damage.

17. Privacy
    

    We handle personal information in accordance with our Privacy Policy.

    Our online store is operated using Shopify and personal information may be processed through Shopify and related services as described in our Privacy Policy.

18. Changes to These Terms and Conditions
    

    We may update these Terms and Conditions from time to time to reflect changes to our website, products, business practices or legal obligations.

    Changes will apply from the effective date of the updated Terms and Conditions published on our website.

    Changes will not retrospectively alter the terms applicable to an order already accepted, unless required by law or agreed with you.

    This qualification is deliberate. Broad terms allowing one party to unilaterally vary a standard-form contract are specifically identified in the ACL as potentially unfair, depending on their operation and context.

19. Governing Law
    

    These Terms and Conditions are governed by the laws applicable in Queensland, Australia.

    You and H2O Audio Australia submit to the jurisdiction of the courts and tribunals having jurisdiction in Queensland, subject to any rights or protections available to you under applicable law.

20. Contact Us
    

    For questions about an order, product or these Terms and Conditions, please contact:

    H2O Audio Australia
    Operated by B & K Holdings (QLD) Pty Ltd
    PO Box 3488
    Mt Ommaney
    QLD 4074
    
    Email: info@fesports.com.au
    Phone: 07 3118 9000