TERMS AND CONDITIONS

The Website is operated by DUKE Warehouse Perth ABN 25 712 973 196 on behalf of www.offroadgear.com.au. Access to and use of the Website, or any of its associated Products or Services, is provided by Offroadgear.com.au. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms.

WEBSITE TERMS AND CONDITIONS OF USE

Welcome to www.offroadgear.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

The Website is operated by DUKE Warehouse Perth ABN 25 712 973 196 on behalf of www.offroadgear.com.au. Access to and use of the Website, or any of its associated Products or Services, is provided by Offroadgear.com.au. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. Offroadgear.com.au reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Offroadgear.com.au updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Offroadgear.com.au in the user interface.

In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including: Email address, Preferred username, Mailing address, Telephone number, Password, Date of Birth, Name. You warrant that any information you give to Offroadgear.com.au in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

You may not use the Purchase Services and may not accept the Terms if: you are not of legal age to form a binding contract with Offroadgear.com.au; or you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by: The Terms;
Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services; Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Offroadgear.com.au of any unauthorised use of your password or email address or any breach of security of which you have become aware; Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Offroadgear.com.au providing the Purchase Services; You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Offroadgear.com.au for any illegal or unauthorised use of the Website; and You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price). Payment of the Purchase Price may be made through PayPal. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. Following payment of the Purchase Price being confirmed by offroadgear.com.au, you will be issued with a receipt to confirm that the payment has been received and offroadgear.com.au may record your purchase details for future use.

You acknowledge that the Purchase Services offered by offroadgear.com.au integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers). In providing the Purchase Services, Offroadgear.com.au may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Offroadgear.com.au is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services. You authorise Offroadgear.com.au to provide the delivery service provide with your name, address and telephone number.

The Website, the Purchase Services and all of the related products of Offroadgear.com.au are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Offroadgear.com.au or its contributors. Offroadgear.com.au retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Offroadgear.com.au; or the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). You may not, without the prior written permission of Offroadgear.com.au and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Offroadgear.com.au total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Offroadgear.com.au is the resupply of information or Purchase Services to you. You expressly understand and agree that Offroadgear.com.au, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. Offroadgear.com.au is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Offroadgear.com.au, by third parties or by any of the Purchase Services offered by Offroadgear.com.au.

You agree to indemnify Offroadgear.com.au, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or any breach of the Terms.

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

WEBSITE PRIVACY POLICY

The Privacy Act 1988 (Cth) imposes obligations regarding the collection, use, disclosure and storage of personal information of individuals and we confirm we comply with the Australian Privacy Principles. This Privacy Policy applies to all personal information collected by www.offroadgear.com.au ( DUKE Warehouse Perth ABN 25 712 973 196 )(we, us or our) via the website located at www.offroadgear.com.au (Website).

Information we collect: 
The kind of Personal Information that we collect from you will depend on how you use the website. The Personal Information which we collect and hold about you may include: Personally identifiable information including, but is not limited to: name, phone number, e-mail address, billing address, shipping address, date of birth, payment details, account login credentials and, Personal data information including, but is not limited to: your device’s internet protocol address (e.g. ip address), browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access our website by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique id, the ip address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data. We may also collect information that your browser sends whenever you visit our website or when you access our website by or through a mobile device.

Types of information:
The Privacy Act 1998 (Cth) (Privacy Act) defines types of information, including Personal Information and Sensitive Information. Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable:
Whether the information or opinion is true or not; and
Whether the information or opinion is recorded in a material form or not.
If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “Personal Information” and will not be subject to this privacy policy. Sensitive Information is defined in the Privacy Act as including information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive Information will be used by us only:
For the primary purpose for which it was obtained;
For a secondary purpose that is directly related to the primary purpose; and With your consent or where required or authorised by law.

How we collect your Personal Information:
We may collect Personal Information from you whenever you input such information into the Website, related app or provide it to Us in any other way. We may also collect cookies from your computer which enable us to tell when you use the Website and also to help customise your Website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies. We generally don’t collect Sensitive Information, but when we do, we will comply with the preceding paragraph. Where reasonable and practicable we collect your Personal Information from you only. However, sometimes we may be given information from a third party, in cases like this we will take steps to make you aware of the information that was provided by a third party.

Purpose of collection:
We collect Personal Information to provide you with the best service experience possible on the Website and keep in touch with you about developments in our business. We customarily only disclose Personal Information to our service providers who assist us in operating the Website. Your Personal Information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties. By using our Website, you consent to the receipt of direct marketing material. We will only use your Personal Information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from use. We do not use sensitive Personal Information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature, such as an unsubscribe button link.

Security, Access and correction:
We store your Personal Information in a way that reasonably protects it from unauthorised access, misuse, modification or disclosure. When we no longer require your Personal Information for the purpose for which we obtained in, we will take reasonable steps to destroy and anonymise or de-identify it. Most of the Personal Information that is stored in our client files and records will be kept for a maximum of 7 years to fulfill our record keeping obligations.

The Australian Privacy Principles: permit you to obtain access to the Personal Information we hold about you in certain circumstances (Australian Privacy Principle 12); and allow you to correct inaccurate Personal Information subject to certain exceptions (Australian Privacy Principle 13). Where you would like to obtain such access, please contact us in writing on the contact details set out at the bottom of this privacy policy.

Complaint procedure:
If you have a complaint concerning the manner in which we maintain the privacy of your Personal Information, please contact us as on the contact details set out at the bottom of this policy. All complaints will be considered by Off Road Gear and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

Overseas transfer:
Your Personal Information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your Personal Information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.

How to contact us about privacy:
If you have any queries, or if you seek access to your Personal Information, or if you have a complaint about our privacy practices, you can contact us through: perth@offroadgear.com.au

WEBSITE DISCLAIMER

All care is taken in the preparation of the information and published materials on this site. www.offroadgear.com.au does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, offroadgear.com.au will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason. This site may contain hypertext links, frames or other references to other parties and their websites. Offroadgear.com.au cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. Offroadgear.com.au do not necessarily approve of, endorse, or sponsor any content or material on such sites. Offroadgear.com.au make no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world. Offroadgear.com.au are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites. If you have any concerns regarding the content of the Website, please contact us.

COOKIE POLICY

Our Cookie Policy explains what cookies are, how we use cookies, how third-party partners may use cookies on our Websites and your choices regarding cookies. General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from our Websites. The anonymous non-personal information that we collect and analyse is not personal information as described in the Privacy Act. Why do we use “cookies” and other web use tracking technologies? When you access our Website, small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us. We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.

We collect information using “cookies” and other tracking technologies for the following reasons: to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer; To provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user; To sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and When we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user. Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service. In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on.

What are your choices regarding cookies? If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.

RETURN AND REFUND POLICY OF offroadgear.com.au

This Return and Refund Policy (“Policy”) applies to Purchases through Our Website www.offroadgear.com.au
We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Policy.
Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.

Under the Australian Consumer Law: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the goods, you are entitled to cancel the purchase; and to a refund for the price of the goods; and compensation for any damage or loss (whether direct or consequential) that was, or reasonably ought to have been, foreseeable by us. If the failure with the service does not amount to a major failure, you are entitled to a re-supply of the goods within a reasonably time, or to cancel the purchase and be provided with a refund of any price paid.

We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law. The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services. If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail. Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure. If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

Cancellation and Change of Mind: offroadgear.com.au does not accept return of products for cancellation or change of mind.

Products Damaged During Delivery: In the event that the product you ordered has been damaged during delivery, we request you contact us as soon as possible. Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.

Exceptions: Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
You misused the said product in a way which caused the problem or You knew or were made aware of the problem(s) with the product or service before you purchased it or You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
Any other exceptions that apply under the Australian Consumer Law.

Shipping Costs for Returns:  You / The purchaser are responsible for any costs associated with returning products to offroadgear.com.au
Please contact us on +61 08 6249 0671 to confirm the postal address for returning of any products.

Response Time: We aim to process any requests for repairs, replacements or refunds within 10 days of receipt and we will notify you if we require extra time to process the request.

How to Return Products: You can contact us on +61 08 6249 0671 or via perth@offroadgear.com.au. Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase. To be eligible for a refund, repair or replacement, you must provide proof of purchase. You may be required to provide a government issued identification to qualify for a refund, repair or replacement.

WARRANTY TERMS AND CONDITIONS

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty). 

You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 12 months from the date of purchase (Warranty Period). In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to offroadgear.com.au showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to offroadgear.com.au by email at perth@offroadgear.com.au. Where the Warranty Claim is accepted then offroadgear.com.au  will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim. The Warranty shall be the sole and exclusive warranty granted by offroadgear.com.au and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

WARRANTY (SALE OF GOODS)

(a) offroadgear.com.au (Seller) warrants that Products purchased from www.offroadgear.com.au (Product) is free from defects in workmanship and materials for a period of 12 Months from the date of purchase. (b) Subject to clause (c), if the Product fails to operate for any reason within the warranty period and the Product is returned to the place of purchase at the Buyer’s expense, the Seller will repair or replace the unit free of charge. (c) The warranty referred to in clause 1(a) is subject to the following conditions: (i) The Product must be returned to the retailer with proof of purchase. (ii) The Product must not have had its serial number removed, defaced or changed, its casing open, its power cord altered, nor have been tampered with in any other way. (iii)  Failure of the product must not be due to misuse, improper installation, connection to the wrong voltage or other abuse or misuse. (iv) The Seller will not be responsible for damage or loss caused during shipping. (v) Apart from any consumer guarantees under chapter 3, part 3-2, division 1 of the Australian Consumer Law and any other statutory consumer guarantees that cannot be contracted out of, all other warranties express or implied and whether arising by virtue of statute or otherwise are excluded.