Terms and
Conditions
Acceptance:
The Outdoor Fun Shop website is operated by Stump Jump Projects Pty Ltd, trading as The Outdoor Fun Shop (ABN: 80 169 090 055). Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (‘Terms and Conditions’). You should read them now. Your use of the website constitutes your agreement to the Terms and Conditions.
The Outdoor Fun Shop reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment constitutes an agreement by you to abide and be bound by the Terms and Conditions as so amended.
Capacity:
The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
Orders:
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. The Outdoor Fun Shop reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website or an error in your order. Your contract with The Outdoor Fun Shop only comes into existence when it forwards confirmation of receipt of your order and payment.
Prices:
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All prices displayed are exclusive of delivery & handling charges. These costs are additional to the listed product price.
Goods and Services (GST) and other Taxes:
Prices displayed on this website are inclusive of GST applied at the rate of 10%. If the delivery address is outside Australia, the GST component of each price will be deducted after we receive your order. We will send an email confirming the order amount after deduction of the GST component.
You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.
Delivery:
Please read the Delivery Information contained in this website. The delivery times are indicative only and The Outdoor Fun Shop will not be liable for any failure to observe these delivery times.
Risk and Title:
The Outdoor Fun Shop will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
Refunds:
The circumstance in which The Outdoor Fun Shop is obliged to make a refund, the guidelines for eligibility are detailed in its Refund Policy.
Limitation of Liability:
The Outdoor Fun Shop will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if The Outdoor Fun Shop has been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of The Outdoor Fun Shop for any breach of such term, condition or warranty shall be limited, at the option of The Outdoor Fun Shop, to any one or more of the following:
- If the breach relates to goods,
- The replacement of the goods or supply of equivalent goods
- The repair of such goods
- The payment of the cost of replacing the goods or of acquiring equivalent goods
- The payment of the cost of having the goods repaired; and
- If the breach relates to services
- The supplying of services again; or
- The payment of the cost of having the services supplied again.
Disclaimer:
While the information contained in the website is believed to be accurate and current, it is provided by The Outdoor Fun Shop in good faith on an “as is” basis. The Outdoor Fun Shop, its management, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website. To the extent (if any) that if the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
Links:
The website may contain links to websites not maintained, controlled or associated with The Outdoor Fun Shop and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. The Outdoor Fun Shop will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.
Copyright:
The Outdoor Fun Shop is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, displayed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying by any storage and information retrieval system) without the specific prior written content of The Outdoor Fun Shop.
Viruses:
The Outdoor Fun Shop does not represent that any information (including any file) obtained from and through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. The Outdoor Fun Shop will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on The Outdoor Fun Shop, it shall be limited to the cost of re-applying that information.
Applicable Law:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia. |