Terms & Conditions
In these terms and conditions of sale, unless contrary intention appears:
1.1. associated entities has the meaning given to that expression in section 50AAA, Corporations Act 2001;
1.2. Australian Consumer Law means the Competition and Consumer Act 2011;
1.3. business day means a day of the week other than a Saturday, Sunday or public holiday at the delivery address;
1.4. delivery address means the address nominated by you in a product order as the place for delivery of the product;
1.5. intellectual property means:
1.5.1. our website, the information it contains and source and other codes applicable to it;
1.5.2. all identifying marks (including our trade mark) that are contained on the product;
1.6. payment card means a valid credit card or debit card issued by a banking institution or other body, accepted by us (in our absolute discretion);
1.7. product means the product we sell and supply from time to time as set forth on our website;
1.8. product order means an order for product made by you in the form and communicated to us as we prescribe from time to time;
1.9. we, us or our means the Australian Armour and Artillery Museum;
1.10. website means the website we maintain at www.ausarmour.com.
2. Product order and sale price
2.1. By using our website or purchasing a product, you agree to these terms and conditions.
2.2. If you wish to purchase product from us, you must:
2.2.1. complete and submit a product order to us in the manner we prescribe from time to
2.2.2. pay the sale price by credit card, debit card or any other such method as we may introduce (in our absolute discretion), before we will cause product, being the subject of a product order, to be dispatched to you at the delivery address.
2.3. Product will not be supplied to you unless you comply with clause 2.1.
2.4. You warrant that the information contained in each product order will be true and correct in every particular.
2.5. The sale price for our product is:
2.5.1. as displayed on our website from time to time;
2.5.2. a GST inclusive amount and if GST applies in connection with the sale of our product (or any part of it), we will issue you with a tax invoice following payment of the sale price in accordance with our obligations at law; and
2.5.3. expressed in Australian dollars.
2.6. We do not guarantee that a particular product will always be available.
2.7. Prices are subject to change without notice, however you will only liable to pay the price that is advertised for the item at the time you place your order. Product information is subject to change without notice.
2.8. The cost of freight of the product to the delivery address will be in addition to the sale price for the product. The freight cost will be clearly displayed prior to payment.
2.9. All products are sent via Australia Post. We are not liable for any missing products and are unable to refund items lost in the post.
2.10. Our shipping policy can be found here, www.ausarmour.com/shipping-policy .
3.1. Subject to clauses 2.3 and 3.2, we will take all reasonable steps to cause the dispatch for delivery of our product, as identified in the product order, to the delivery address as soon as practicable following receipt of the product order.
3.2. We will be under no obligation to dispatch for delivery any item of product to you if:
3.2.1. we no longer supply that item of product; or
3.2.2. we are unable to provide the product to you within 90 days of receipt of your product order. However, where this clause applies, we will refund the sale price (to the extent that it has been paid for any product referred to in clauses 3.2.1 or 3.2.2) to you.
3.3. Our refund and return policy can be found here, www.ausarmour.com/refund-policy .
4.1. We use a contracted service provider (SecurePay) to securely process your online payment card payments.
4.2. When you purchase product from us your payment card details are only processed by our contracted service provider and we do not record or store this information.
4.3. While we contract with the service provider to provide a secure system, we do not and cannot take responsibility for the security of information during transit over the internet.
5.1. Title in and to the product will pass to you at the time the product leaves our museum for delivery to the delivery address.
6.1. The risk of loss or damage to the product once it leaves our museum is solely yours.
6.2. We warrant and assure you that at the time the product leaves our museum on transit to the delivery address, it will be of acceptable quality and not defective.
7.1. Subject to Australian Consumer Law and only to the extent permitted by law, you release and discharge us and our associated entities from all direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that each of us may have reasonably contemplated at the time of making a product order) arising out of or in any way connected with:
7.1.1. the product;
7.1.2. the use of our website when making a product order or in any other way; and/or
7.1.3. these terms and conditions of sale.
7.2. Subject to the Australian Consumer Law, our liability on account of:
7.2.1. a breach on our part of these terms and conditions of sale;
7.2.2. the product (and the sale of the product to you), will be limited to:
7.2.3. the cost of the product (to you); or
7.2.4. the replacement of the product with the same or a like product that we supply (“replacement product”) and the cost of delivery of the replacement product to the delivery address, at our option.
7.3. Our website may contain links to other third party websites which are not operated by us. We have no control over these sites and accept no responsibility for any loss or damage that may arise from your use of them.
8. Advice or information
8.1. Any advice or information that we provide (whether through our website or otherwise) in relation to the product is given in good faith and, as far as we aware, appropriate and reliable.
8.2. However, we give no warranty as to the accuracy of that advice or information and it is given and received without any liability on our part as to the suitability of the product for any purpose.
9.1. We will observe the Privacy Act 1988 and the Australian Privacy Principles concerning information you disclose to us when making purchasing products from us. We expect that any information you disclose to us will be used solely for the purpose of transacting business with you and arranging for the delivery of the product to the delivery address and for direct marketing services.
10. Intellectual property
You acknowledge that we are the proprietor of the intellectual property and you must not modify, copy, reproduce or otherwise deal with the intellectual property in any way without our prior written consent.
11. Personal Use
You acknowledge that all products purchased under these terms and conditions are intended for personal non-commercial use only and will not be re-sold.
12. Restrictions and Obligations
You warrant that you have the legal capacity to enter and be bound by these terms and conditions.
We may, at our discretion, change or vary these terms and conditions from time to time and, upon any change taking effect, the change to vary these terms and conditions will apply to all of our future dealings in connection with the sale of the product to you.
These terms and conditions of sale and all of our dealings will be governed by the law of Queensland.
15. Comments or Concerns
15.1. We welcome feedback and will promptly attend to any concerns or complaints.
15.2. You may contact us on 07 4038 1665 or via email email@example.com.