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Terms and Conditions
1 Parties
1.1 These terms and conditions of sale, as amended from time to time by the Seller, apply to all sales of Product(s) by the Seller to the Customer.
2 Quotations and Orders
2.1 Any quotation given by the Seller to the Customer is not an offer or obligation to sell but an invitation to treat only. The Seller reserves the right to accept or reject any order it receives.
2.2 Until the Seller accepts an order submitted by the Customer, the Seller is not obliged to supply the Product so ordered to the Customer. The Seller reserves the right to refuse any order based on a quotation within 7 days after receiving the order.
2.3 If the Customer defaults under these terms and conditions, the Seller may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by the Seller without notice to the Customer and without being liable to the Customer.
2.4 The Seller is not responsible to the Customer for a breach of its obligation to supply the Product pursuant to an order the Seller has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of the Seller (including, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).
2.5 Under no circumstances is the Seller liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and the Seller’s liability is limited to the order price of the Product or such amount of the order price as has been paid as at the date of the alleged breach (subject to clause 8).
2.6 The seller may substitute a product of the same specifications if the listed product is not available or has been superseded at the time of order. In these cases the Customer will be contacted for agreement to proceed.
2.7 Orders may be cancelled any time prior to processing (usually within the first 24 hours after an order is placed).
2.8 Backordered items may be cancelled as long as the item is still in "backorder status" and is not being processed.  All cancellations must be submitted via email and will be responded to accordingly.
2.9 Any item purchased incorrectly by the customer and returned will incur a 15% restocking fee. Orders received incorrectly through the fault of allthingsshooting.com.au will be replaced or exchanged at no additional charge to the customer. Authorization from All Things Shooting is required on all returns. Incorrect orders by the customer must be returned to allthingsshooting.com.au and delivery costs will be incurred by the customer.
3 Prices
3.1 All Prices are in Australian Dollars ($AUD) and exclusive of GST (Goods and Services Tax)
3.2 Prices quoted in any order apply to that order only and do not apply in any other circumstances.
3.3 All prices published on this web site are correct at the time of publication but the Seller reserves the right to vary these prices.
3.4 Prices may also vary from those listed on the web site, due to increase cost from the Sellers Suppliers; in this case the Customer will be advised of any and all price increases before the order is processed.
3.5 Orders shipped out of Australia are not subject to any sales tax
4 Payment
41 Payment is required at time of order unless laybye arrangements have been made for the importation of a barrel.
5 Risk in the Product
5.1 The risk of loss or damage to the Product passes to the Customer on the date and at the time that the Product is delivered to the Customer by either registered post or courier.
5. The risk of loss or damage to the Product passes to the Customer on the date and at the time that the Product is lodged with Australia Post for standard delivery.
6 Delivery
6.1 Any delivery times notified to the Customer are estimates only and the Seller is not responsible for late or non-delivery.
6.2 If the Customer requests the Seller to postpone delivery of the Product beyond the delivery date or dates specified in the order, the Seller may agree to do so if the Customer pays an additional fee for such postponement and for storage charges.
6.3 All Products supplied by All Things Shooting are on a delivery only basis & compulsory postage and handling charges apply
6.4 Postage & handling charges apply ‘per order’ unless the customer has requested partial delivery of an order, then each transaction will incur postage & handling charges.
7 Claims and Liabilities
7.1 Any claim by the Customer as to incorrect performance or breach of these terms and conditions must be made to the Seller in writing within 7 days of the date recorded on the order receipt, for which time is of the essence.
7.2 Where a claim relates to the warranties under Clause 8, the limitations and exclusions in that clause apply.
7.3 The total liability of the Seller, its employees, servants and agents is limited to replacement of the Product supplied or supply of equivalent Product;
8 Warranties
8.1 The Customer will only have the benefit of the warranty (if any) of the manufacturer as per the contract between the Seller and the manufacturer. This warranty does not apply where in the Seller’s opinion a defect has been caused by careless or improper handling, by non-adherence to operating instructions or by fair wear and tear.
8.2 allthingsshooting.com.au does not offer any warranty over and above that of the manufacturers. Any misuse of any products will void the manufacturer's warranty.
8.3 The Seller will not be liable under this warranty where in the Seller’s reasonable opinion a defect is caused by fair wear and tear by careless or improper handling, non-adherence to operating instructions, improper installation or by other abuse or misuse caused by the Customer or a third party;
9 What the Seller will do
9.1 The Seller will, in its absolute discretion, if the terms and conditions of clause 8 are satisfied.:
  • repair the Product or pay for the cost of having the Product repaired; or
  • replace the Product a maximum of two (2) times at the Customer’s request; or
  • supply an equivalent Product; or
  • pay for the cost of replacing the Product or acquiring an equivalent Product; or
  • refund the cost of the Product in accordance with clause.
9.2 The Seller reserves the right to charge the Customer, at the Seller’s current hourly rate, for the cost of examining the Product if such examination by the Seller reveals that the Product:
  • is not defective; or
  • is defective as a result of any of the events specified in these Terms and Conditions.
10 What the Customer must do
10.1 For the purpose of making any claim under this warranty the Customer must:
  • immediately upon the Customer becoming aware of circumstances giving rise to a claim pursuant to clause 8.1 return the Product, at the Customer’s expense, to the Seller;
  • return the Product in its original condition and packaging with all original accessories and contents;
11 Returns or Replacements
11.1 Products for return should be sent by registered mail at the Customer’s expense. The Seller does not accept liability for Products which are lost or damaged in the mail.
11.2 The Seller reserves the right to refuse to accept and to return to the Customer any Products returned by post marked “Cash or Cheque on Delivery” or “More to Pay”.
12 Notices
12.1 Any notice required under this agreement must be in writing and given by email, post, facsimile or hand to the Seller or the Customer at the address set out in the schedule or at such other address, email or facsimile number as is notified in writing by one party to the other.
13 Governing Law
This contract is governed by the laws of New South Wales notwithstanding the place in which the Product or any of them are to be delivered.
14 Whole Agreement
These terms and conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in any written order and written acceptance thereof (which will only apply to that particular order), all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in these terms and conditions and otherwise are hereby excluded and cancelled. The Customer acknowledges that he/she has not been induced to enter into this agreement by any representation, advice or information given or made by or on behalf of the Seller.

 

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