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ARCHERY ESSENTIALS - Terms and Conditions

 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (the "Products") listed on our website www.Archeryessentials.com.au to you. Please read these terms and conditions carefully before ordering any Products from the Sites. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Service availability:

 We do not accept orders from individuals outside Australia.

Your status:

By placing an order at www.Archeryessentials.com.au, you warrant that:

1.You are legally capable of entering into binding contracts; and

2.You are at least 18 years old; and

3.You are resident in Australia.

How the contract is formed between you and us:

After placing an order, you will receive an e-mail that confirms we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched. The contract between us (the "Contract") will only be formed when we send you the dispatch confirmation or deliver the Product to you, whichever occurs first.

Consumer Rights:

You may cancel a Contract at any time within 30 calender days, beginning on the day of your order payment. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refund Policy **LINK here...**. To cancel a Contract, you must inform us in writing including the relevant Order Invoice Number. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Availability and Delivery:

Your order will be fulfilled within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.

Risk and Title:

The products will be at your risk from the time of delivery. Ownership of the pProducts will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

Price and Payment:

The price of any products, except in cases of obvious error, will include GST. Delivery costs are calculated at checkout. Prices are liable to change at any time. www.Archeryessentials.com.au contains a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. We will normally verify prices as part of our order acceptance so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on the Sites, we will normally, at our discretion, either contact you for instructions before dispatching the product. We are under no obligation to provide the product to you at the incorrect (lower) price. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Our Liability:

We warrant to you that any products purchased from us are of satisfactory quality, free from material defects in design, material and workmanship; and comply with all applicable statutory and regulatory requirements for selling the products in Australia. This warranty is in addition to your legal rights in relation to products which are faulty or which otherwise do not conform with these terms and conditions. This warranty does not apply to any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the products in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. Our liability for any losses you suffer under or in relation to this agreement and/or a product is strictly limited to the purchase price of the product you purchased. Furthermore, we are not responsible for any losses for:

1. death or personal injury caused by our negligence; or

2. fraud or fraudulent misrepresentation; or

3. any matter for which it would be illegal for us to limit or exclude, or attempt to limit or exclude, our liability.

And we are not responsible for any losses that fall into the following categories:

1.loss of income or revenue; or

2.loss of business; or

3.loss of profits or contracts; or

4.loss of anticipated savings; or

5. waste of management or office time; or

6.indirect, special or consequential loss;

however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this "Our Liability" shall not prevent claims for foreseeable loss of or damage to your tangible property.

Written Communications:

Applicable laws require that some of the information or communications we send to you should be in writing. When using www.Archeryessentials.com.au, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Sites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Waiver:

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

Our right to vary these terms and conditions:

We have the right to revise and amend these terms and conditions from time to time at our absolute discretion. You will be subject to the policies and terms and conditions in force at the time that you order products from us.

Law and jurisdiction:

Contracts for the purchase of products through the website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Australian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Australia.


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