Delivery, title & risk
(a) You acknowledge and agree that:
(1) the delivery of products is subject to the processes and procedures of our third party delivery service (Delivery Service);
(2) you must comply with any instructions or requirements of our Delivery Service; and
(3) despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Delivery Service.
(b) If possible our Delivery Service will deliver the products to the delivery address you provide when making your order. Deliveries to Australia and New Zealand are included in the Price. Worldwide delivery will incur higher delivery costs as set out on the Site or otherwise agreed. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
(c) Our Delivery Service will normally dispatch products within 7 Business Days of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the Delivery Service.
(d) Business Day means a day on which banks are open for general banking business in the Northern Territory and Queensland, excluding Saturdays, Sundays and public holidays.
(e) You are encouraged to use your workplace address for delivery and not your residential address, to provide for additional security of delivering your products and your personal information. If you need to change the delivery date or delivery address, please notify us immediately in writing.
(f) Our Delivery Service may deliver the products using a range of delivery methods. If neither you nor your authorised representative is at the delivery address to accept delivery, the Delivery Service will generally deliver the products to your nearest post office.
(g) Title to the products will remain with us or our Delivery Service until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(h) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.
(a) If, within 14 days after the delivery of the products, you notify us in writing of any fault, defect or error in the products, which is caused by a breach of these Terms by us (Defect), along with a photo and description of the relevant Defect, we will, at our own cost:
(1) repair or remedy the Defect; or
(2) if we are unable to repair or remedy the Defect, offer you a choice of a credit or a refund with respect to that part of the Price applicable to the Defect.
(b) If requested by us, you must make available or return to us the products the subject of a notice under clause 9(a), together with all packaging, documentation and proof of purchase which were handed over by us with the products. You must adequately package any products you are returning to us to ensure they are not damaged during return delivery to us.
(c) For the return of Defect products we will organise and cover the costs of delivery or re-delivery.
(d) Despite anything to the contrary, to the maximum extent permitted by law, our aggregate liability for any fault, defect, error, omission or lack of functionality or suitability with respect to the products will be limited to, and must not exceed, the costs we incur in complying with clause 9(a)(1) or 9(a)(2) (as applicable).
(a) If, within 30 days after the delivery of the product you notify us in writing of an error in size or otherwise for change of mind we offer exchanges (subject to stock availability) or store credit of products where we determine (at our absolute discretion):
(1) you have provided the proof of purchase and you purchased the products within 30 days prior to the request for an exchange or credit;
(2) the products are in their original condition and have not been used, worn, damaged, tampered with, washed, altered, connected, installed or attempted to be connected or installed;
(3) the products are in their original undamaged packaging with all product tags still intact;
(4) the products are not sale items, custom-made, special buy products or gift vouchers; and
(5) you have notified us using any returns forms required, if applicable, on our Site.
(b) We will not cover the costs of delivery or re-delivery for an incorrect sizing return or a change of mind return and you must cover these yourself.