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Terms & Conditions

 

Terms & Conditions

 

Aussie Outdoor Gear Website Terms & Conditions of Use

 

This website is owned and operated by Aussie Outdoor Gear ABN 39982846694. The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use ('Terms'). References to 'us' mean Aussie Outdoor Gear and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to 'you' mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.

 

Copyright in website material

 

All of the material on and in relation to the website is and remains the property of Aussie Outdoor Gear at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of Aussie Outdoor Gear's copyright and other proprietary rights. You may copy and email our webpage URL's to your family and friends for private and non-commercial purposes.

 

Intellectual Property

 

Aussie Outdoor Gear is the owner or authorised user of all intellectual property in and associated with the website. Aussie Outdoor Gear is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.

 

You have no rights in or license to any of the intellectual property, trade marks, logos, content, names or designs, whether registered or unregistered, associated with the website.

 

Advertising

 

This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Aussie Outdoor Gear. Aussie Outdoor Gear does not control the content of and is not responsible for the advertisements. Aussie Outdoor Gear will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.

 

Third party sites

 

This website may contain links to third party websites. These links are not recommendations or endorsements by Aussie Outdoor Gear and Aussie Outdoor Gear does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.

 

Usernames and Passwords

 

If Aussie Outdoor Gear authorises you to register for or otherwise use online shopping, then you must keep your username and password (if any) confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).

 

Online Shopping

 

Once registered you will be entitled to shop online and purchase products securely with your valid credit card or pay pal account. By submitting an order you represent and warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order (including taxes and freight charges) to that card or payment method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

 

Product disclaimers

 

Reproduction of colours is as accurate as photographic processes allow, however please note that product colours in-store may vary slightly from what is displayed on your computer monitor and may vary from monitor to monitor.

 

Although listed on the website, some items, sizes, colours and styles might not be immediately available or temporarily or permanently out of stock. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.

 

Some products might require self-assembly or you may be required to obtain the assistance of a professional assembler at your own cost and expense.

 

Delivery

 

Please allow up to ten (10) working days for delivery of online orders subject to location. Delivery time is subject to stock availability from the fulfilment locations and this period may be extended up to thirty (30) days.

 

Prices

 

All references to $ and dollars on the website are to Australian currency. All prices were current* at the time of publication on the website and are inclusive of GST.
* While we make every endeavour to ensure the accuracy of our website pricing, in the event of system based pricing errors if you acquire a product at the incorrect price we will advise you as soon as possible and we reserve the right to cancel the transaction/ your order and refund the mistaken purchase price to you.

 

Freight

 

Freight charges are payable in addition to the product price. A number of different delivery methods may be used depending on the type of order.

 

If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. Therefore, we recommend a work address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest Courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery. Freight includes insurance and packaging.

 

Returns

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are 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 the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.

If you have purchased an item from Aussie Outdoor Gear and it is not of acceptable quality or does not match the description, you can return it to us. Upon assessment, Aussie Outdoor Gear can offer a full refund, repair or replacement on most items whether purchased online and in store. You must provide us with your Aussie Outdoor Gear receipt, Online invoice or other proof of purchase. Any refund will be provided via the same method of payment as the original purchase.

Products for return must not have been used or damaged in any way and must be in the original packaging. Manuals, packaging and accessories must accompany all Electrical and Electronic products. Aussie Outdoor Gear will only accept the return if the goods are in original condition. If you wish to return an item because you have changed your mind about your purchase, Aussie Outdoor Gear will offer you an exchange or refund provided that:

• You return the item within 14 days of purchase;

• You produce your original Aussie Outdoor Gear online invoice or other adequate proof of purchase at the time you return the item;

• The item must not have been used or damaged in any way including that; - It is in its original packaging, including instruction manuals and all accessories - It is unworn, unopened, unused and in its original new condition

• The product is not one on which a change of mind return is not available (see below).

Aussie Outdoor Gear will not accept the return of items from the following categories under the change of mind returns policy under any circumstance:

• Products on sale and/or clearance.

• Gift Cards.

 

 

RETURNS PROCESS

To return an item:

1.) Use our contact page to send us a return request. Include your order details, the product for return and the reason for return.

2.) Once we evaluated the request we will send you the details for return postage.

3.) Pack your item in secure packaging

4.) Send the package including the return number to the provided address via a traceable method to ensure safe and documented delivery.

5.) Upon receiving the return, we will evaluate the item and contact you for a refund, exchange, etc.

 

Content

 "Content" means avatars, blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, testimonials, text, videos.

 "Disseminate" means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.

 

From time to time you might be entitled to create and upload Content to be stored on the Aussie Outdoor Gear website provided that:

 

    a.    The Content will be your original work;

 

    b.    You will not copy, plagiarise, reproduce or otherwise Disseminate the work of any other person;

 

    c.    The Content will not infringe the intellectual property rights of any third party;

 

    d.    The Content is uploaded or connected in accordance with our instructions from time to time, including via the use of other services and technologies, including YouTube; and

 

    e.    You adhere to these Terms.

 

You grant Aussie Outdoor Gear the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the Aussie Outdoor Gear website or via such other medium or channel as determined by Aussie Outdoor Gear from time to time.

 

You consent to other Aussie Outdoor Gear website users accessing, using and viewing the Content.

 

You will at all relevant times remain the exclusive owner of the Content that you create and upload to the Aussie Outdoor Gear website.

 

Aussie Outdoor Gear has the unfettered right at any time to temporarily or permanently remove your Content, in part or full.

 

You waive the following Moral Right's in respect of the Content that you create and upload:

 

    a.    The right to attribution of authorship as defined in the Copyright Act 1968, and

 

    b.    The right of integrity of authorship as defined in the Copyright Act 1968, and

 

    c.    The right not to have the work subjected to derogatory treatment as defined in the Copyright Act 1968.

 

This section headed "Content" survives the termination of these Terms.

 

Restrictions on use

 

You must not use the Aussie Outdoor Gear website for any unlawful, immoral or unethical purpose, as we determine in our sole and absolute discretion, including:

 

    a.    the Dissemination of unsolicited or unauthorised commercial electronic messages, SPAM, advertising or promotional material;

 

    b.    the impersonation or theft of another persons identity or falsely state or otherwise misrepresent your affiliation with a person, including Aussie Outdoor Gear;

 

    c.    the creation or Dissemination of false or alias identities;

 

    d.    to harass, threaten, stalk or otherwise communicate with any person against their will;

 

    e.    to vilify others, including, without limitation based on race, ethnicity, sex, sexual preferences, religion or politics;

 

    f.    the Dissemination of pornography, including child pornography involving a person under the age of 18 years or such age as provided by the laws and/or regulations of the countries or jurisdictions in which you use the Aussie Outdoor Gear website, whichever is younger;

 

    g.    to defame, slander or libel any person;

 

    h.    for the purpose of money laundering, terrorist activities, causing civil unrest and other criminal activities;

 

    i.    for the purpose of phishing;

 

    j.    for the purposes of industrial espionage or Dissemination of inside information gained or propagated by unlawful means;

 

    k.    to Disseminate or otherwise infringe upon the private and/or confidential information or intellectual property rights of any person or infringe the publicity rights any person;

 

    l.    to Disseminate material that is abusive, vulgar, obscene, hateful, tortious or otherwise objectionable.

 

You must not:

 

    a.    copy, or allow to be copied, all or part of the Content or underlying website code, other than as expressly permitted under these Terms. You must not Disseminate Content that has been created and uploaded to the Aussie Outdoor Gear website by other people.

 

    b.    commercialise all or part of the Aussie Outdoor Gear website;

 

    c.    use the Aussie Outdoor Gear website or upload Content to promote, market, distribute or sell any goods or services;

 

    d.    make any adaptation, modification or derivative work of the other people's Content;

 

    e.    sell, rent, lease, sub-license, assign or transfer all or part of your rights under these Terms;

 

    f.    use any type of spider, virus, worm, trojan horse, time bomb, adware, bot, hack, malware, phishing or other malicious codes, computer activity, application, executable, program, software or instructions that are designed to:

 

    i.    disable, damage, disrupt or disassemble all or part of the Aussie Outdoor Gear website; or

 

    ii.    communicate or seek to communicate with persons using the Aussie Outdoor Gear website;

 

Limitation of liability

 

To the fullest extent permitted by law, Aussie Outdoor Gear excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:

 

    a.    your use or misuse of the website or any material on the website;

 

    b.    your inability to access or use the website or any material on the website;

 

    c.    the loss or modification of information or material transmitted to or from the website;

 

    d.    the loss of confidentiality in any information or material transmitted to or from the website;

 

    e.    any defect, technical problem or virus attached to or arising from the website or the server;

 

    f.    the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;

 

    g.    any injury or illness you or any other person sustains as a result of the use of the website; and

 

    h.    the products displayed on the website being unavailable at any time.

 

If Aussie Outdoor Gear breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Aussie Outdoor Gear for a breach of the applicable term, condition or warranty is limited to, at the election of Aussie Outdoor Gear:

 

    1.    the resupply of the relevant product, advice, service, recommendation or information; or

 

    2.    the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.

 

You are entitled to statutory consumer guarantees under the Australian Consumer Law.  Aussie Outdoor Gear does not exclude or limit those consumer guarantees.

 

Indemnity

 

You indemnify Aussie Outdoor Gear, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.

 

Privacy

 

Any personally identifiable information that you submit through or in relation to the website is collected and used by Aussie Outdoor Gear in accordance with its Privacy Policy. You can review the Privacy Policy here http://www.Aussie Outdoor Gear.com.au/Privacy.asp

 

Returns Policy

 

Our returns policy is in addition to your rights under the Australian Consumer Law because we want you to be happy with your purchase. You can review the Returns Policy from our 'Returns' page: http://aussieoutdoorgear.com.au/openc/index.php?route=account/return/insert  

 

Changes to the website and your access

 

Without prior notice to you and in its absolute discretion, Aussie Outdoor Gear reserves the right to:

 

    a.    vary or discontinue the website or any page of the website at any time; and

 

    b.    suspend or terminate your access to part or all of the website at any time,

 

and Aussie Outdoor Gear is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

 

Changes to the Terms

 

Aussie Outdoor Gear reserves the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the Terms.

 

Severance of clauses

 

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

 

Governing law

 

This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of NSW, Australia. You submit to the non-exclusive jurisdiction of the courts of NSW, Australia.