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.
We do not accept orders from individuals outside Australia.
By placing an order at
www.Archeryessentials.com.au, you warrant that:
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
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.
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:
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.
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.