TERMS AND CONDITIONS

Overview

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.

We are: S&L – Carousel Trust ABN 32 699 070 982 trading as Binoculars & Spotting Scopes OZ

Our address is: PO Box 3671, Success W.A

You are: a visitor to Our Website / our customer

  1. Definitions

In this agreement:

“Carrier”

means any person or business contracted by us to carry Goods from us to you.

“Consumer”

means any individual who, in connection with this agreement, is acting for a purpose which is outside their business.

“Content”

means any content in any form published on Our Website by us or any third party with our consent.

“Goods”

means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“Our Website”

means any website of ours, and includes all web pages controlled by us.

“Post”

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” will be interpreted accordingly.

  1. Interpretations

In this agreement unless the context otherwise requires:

2.1.         a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2.         these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

2.3.         any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.4.         any obligation of any person arising from this agreement may be performed by any other person.

2.5.         in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6.         the headings to the paragraphs of this agreement do not affect the interpretation.

2.7.         a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

2.8.         in any indemnity, a reference to costs or expenses will be construed as including the estimated cost of management time of the indemnified party, such cost calculated $50 per hour.

2.9.         these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

2.10.     this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version will prevail.

  1. Our Contract With You

3.1.         You acknowledge that the Goods pose an obvious risk of harm and their use is a dangerous recreational activity. You must read and follow the manufacturer’s operating instructions and take steps to minimise risk of harm to yourself and others.

3.2.         Property and title in the Goods does not pass to you until we receive payment in full, you present a current firearms licence and have met all requirements under the Firearms Act 1973 (WA).

3.3.         This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.4.         Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.5.         If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.6.         Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

3.7.         The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

3.8.         If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

3.9.         We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

  1. Acceptance of Your Order

4.1.         Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.

4.2.         If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

4.2.1         accept the alternatives we offer;

4.2.2         cancel all or part of your order.

  1. Price and Payment

5.1.         The price payable for the Goods that you order is clearly set out on Our Website.

5.2.         It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

5.3.         Prices include goods and services tax (“GST”). If you show by your delivery address that you reside outside the Commonwealth of Australia we will refund to you the amount charged as GST.

5.4.         If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.

5.5.         Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollars will be borne by you.

5.6.         The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

5.7.         If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

5.8.         If you cannot complete the purchase for any reason including that you cannot present a current firearms licence and have met all requirements under the Firearms Act 1973 (WA) we will refund to you the price of the Goods less 20% of the price to cover our administration and storage costs.

5.9.         If we agree to sell to you by lay-by:

5.9.1         you must pay a deposit instalment of 50% of the price;

5.9.2         you must repay the balance of the price by equal fortnightly instalments over eight weeks;

5.9.3         if all instalments are not paid by the due date shown on the invoice any discount will not be allowed and the standard list price must be paid;

5.9.4         if we cannot deliver the Goods we will refund all instalments paid by you;

5.9.5         if you cancel the lay-by agreement we will refund all instalments paid by you less a termination fee of 20% of the price to cover our administration and storage costs;

  1. Security of Your Credit Card

We take care to make Our Website safe for you to use.

6.1.         Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

6.2.         If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

  1. Delivery and Pick Up

1.1.         Goods are despatched within 7 days from the day we receive the Goods from our supplier or the day you place an order to purchase the Goods if held by us in stock.

1.2.         Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.

1.3.         If we are not able to deliver your Goods within 30 days of the date of your order, we will notify you by email to arrange another date for delivery.

1.4.         We may deliver the Goods in instalments if they are not all available at the same time for delivery.

1.5.         Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.

1.6.         All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may despatch a replacement quickly and minimise your inconvenience.

1.7.         Signing “Unchecked”, “Not Checked” or similar is not acceptable.

1.8.         Goods are sent by post or by courier at your cost. We will send you a message by email to tell you when we have despatched your order.

1.9.         If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

1.10.     Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.

1.11.     Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.

1.12.     Time for delivery specified on the order, if any, is an estimate only and time will not be of the essence.

1.13.     We are happy for you to pick up Goods from our store provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.

1.14.     If you pick up Goods from our premises then:

1.14.1      we will not be able to assist you in loading heavy items;

1.14.2      Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;

1.14.3      you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

  1. Foreign Taxes and Duties

8.1.         If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country.

8.2.         You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

  1. Liability for Subsequent Defects

9.1.         We will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which show a defect. If you claim that the item is defective, the following conditions apply:

9.1.1         the defect must be reported to us within 14 days of becoming apparent;

9.1.2         the defect results only from faulty design or manufacture;

9.1.3         you have returned the defective Goods or parts to us if we have so requested.

9.2.         If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.

9.3.         If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

  1. Goods Returned

These provisions apply in the event that you return any Goods to us for any reason:

10.1.         We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.

10.2.         Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to loading and cleaning.

10.3.         The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.

10.4.         So far as possible, Goods should be returned:

10.4.1         with both Goods and all packaging as far as possible in their original condition;

10.4.2         securely wrapped;

10.4.3         including our delivery slip;

10.4.4         at your risk and cost.

10.5.         You must tell us by email message to returns@www.rsoz.com.au that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. You must give to us the sales voucher or tax invoice for the Goods. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to the return.

10.6.         In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.

10.7.         Most of the Goods are covered by the manufacturer’s guarantee for a minimum of 12 months. Any Goods purchased as used are covered by our guarantee for three months.  Please first check the manufacturer’s operating instructions.

10.8.         If delivery was made to Australian address, you are also protected by the Competition and Consumer Act 2010.

10.9.         If we agree that the Goods are faulty, we will:

10.9.1         refund the cost of return carriage;

10.9.2         repair or replace the Goods as we choose.