Australian Victorian Biathlon Association

Trading Terms and Conditions

 

These terms and conditions regulate the business relationship between 'You' the customer and 'Us' the supplier. 

By using or website www.biathlon.asn.au in any way, or by buying from us, you agree to be bound by them and to protect the rights and integrity of both parties.

No person under the age of 18 years may purchase Goods.  If you are under 18, please confer with an adult to make your purchase.

 

We are: The Australian / Victorian Biathlon Association

Our mailing address is:

21 Selby Aura Road
Menzie's Creek VIC

Our contact phone number for website related issues is: +61 (03) 59 683 880

 

You are: a visitor to Our Website / Our Customer

 

The terms and conditions

 

1                Definitions

 

In this agreement:

 

“Carrier” - means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

 

“Consumer” - means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.

 

“Our Website” - means the entire computing hardware and software installation that is or supports Our Website.

 

“Goods” - means any of the Goods we offer for sale on Our Website

 

“Content” - means any material in any form published on Our Website by us or any third party with our consent.

 

“Material” - means Content of any sort posted by you on Our Website

 

 

2                 Our contract with you

These terms and conditions apply:

 

2.1               So far as the context allows, to you as a visitor to Our Website; and

 

2.2               In any event to you as a buyer or prospective buyer of our Goods.

 

2.3               We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall dispatch your order or if in the event a product is considered non-tangible, we will confirm receipt of payment – EG: club membership payment.

 

2.4               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.

 

2.5               Unfortunately, we cannot guarantee that Goods advertised on our website are always available.

 

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

2.6.1          Accept the alternatives we offer;

2.6.2          Cancel all or part of your order;

 

2.7               If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.

 

2.8               If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.

 

3                   Your account with us

3.1               You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.  We need this information to provide you with the Goods.

 

3.2               If you use the website, you are responsible for maintaining the confidentiality of your account and password (if applicable) and for preventing any unauthorised person from using your computer.

 

 

3.3               You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

 

3.4               We reserve the right to refuse you access to Our Website.

 

 

4                 Price and Payment

4.1              We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

 

4.2              Banking 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.

 

4.3              Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

 

4.4             Prices include Australian Goods and Services Tax where stated.

 

 

5                Delivery

5.1             Deliveries will be made by Australia Post by us to the address stipulated in your order. You must ensure that someone is present to accept delivery or that the place of leaving the postal delivery item is secure. If you do not approve of our delivery methods please contact us by email to seek an alternative and we will be happy to assist. Any difference in pricing will be notified to you and added or subtracted in relation to your order.

 

5.2              It may not always be possible to keep all items in stock at all times. If the goods in question are not able to be supplied by ourselves within 20 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and give you further options including cancelling your order with a full refund. 

 

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

 

5.4               Goods are sent within Australia by Australia Post.  We will send you a message by email to tell you when we have dispatched your order and the reference number thereof. If in the event of lost or late deliveries, you will be required in the first instance to investigate with Australia Post on your behalf. In the second instance, the owners or operators of Just Pilot Watches will investigate up until the point of delivery to the last post office depot nearest the address given to Us, or as far as Australia Post agree to maintain due diligence in relation to the delivery.

 

 

6                 Cancellation of order

6.1               You may cancel your order at any time before we dispatch your order up until the day of dispatch. This must be done by email to us, clearly stating your intentions including all contact details and invoice reference numbers.

 

6.2               Details of our after-sales service and guarantees are given on the Legal pages of web site.

 

6.3               If you cancel after we have dispatched the Goods, please use the Returns policy to obtain a refund.

 

6.4               If you cancel your order after we have dispatched the Goods, you must use the Returns policy procedure and return the goods to us within the timeframe specified under the Returns policy, in the same condition in which you received them. We cannot refund your money if the Goods have been used, are worn or have been damaged.

 

6.5               You are responsible for the cost of returning the goods.

 

6.6               To assist us in identifying your Goods on receipt by us, we ask you to include all invoice information and your contact details.

 

6.7               If you fail to return the goods within the timeframe specified under the Returns policy page, we are entitled to cancel the action and not refund your money.

 

6.8               All refund monies owing, where approved by Just Pilot Watches, will be paid by cheque or transferred directly to your bank account within 30 days. We prefer to refund monies by direct deposit, we cannot guarantee lost or stolen cheques. You must supply us with all details relating to your preferred method of refund.

 

6.9               This paragraph does not affect your rights in the event that the Goods are faulty.

 

7                Foreign taxes, duties and import/export restrictions

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

 

7.2               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 and we may, at Our discretion, agree to sell goods excluding GST.

 

8                 Return of Goods

8.1             The procedure for return of Goods is set out on our website under Returns and Warranty pages.  If you do not follow this procedure, we may be unable to correctly identify you as the original purchaser and the sender of the goods.

 

 

9                 Disclaimers
9.1              We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

9.2         We will make every attempt but cannot guarantee the compatibility of Our Website with your equipment, software or telecommunications connection.

 

9.4              Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

 

9.5              We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

 

9.6             In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

 

10                 Content and Intellectual Property Rights

10.1            We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in:   text, graphics, logos, icons,

 

10.2            We also claim copyright in the designs and compilation of all Products offered for sale and Content of Our Website. Title, ownership rights, and shall remain the sole property of Australian / Victorian Biathlon Association.  We will strongly protect those rights in all countries.

 

10.3            Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

 

10.4            You may not use our name or logos or Trade Marks or any other Content on any website of yours or that of any other person.

 

11                 Your email address

11.1            You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

 

11.2            You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

 

11.3            You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

  

12                 System Security

12.1            We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

 

12.2            You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

 

12.3            You may not use any software tool for the purpose of extracting data from our website.

 

12.4            You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

 

13                Indemnity

13.1            You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

 

14                 Miscellaneous provisions – including Email correspondence. 

14.1            When we communicate with you by email - You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

 

14.2            Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual, nor other obligation upon us in respect of those goods or service.

 

14.3            Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

 

14.4            If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

 

14.5            No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

 

14.6            In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

 

14.7            We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

 

14.8            This Agreement shall be governed by and construed in accordance with the laws of Victorian Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 

15 Warranty

15.1 The total warranty period shall be 12 months from the date of purchase as indicated on the customer invoice and includes repair or replacement of an item if found to be defective in materials or workmanship under normal use.
Any freight charges to and from the place of manufacture for the purposes of repair, or from the customer’s dispatch address to our published address will be at the customer’s discretion and expense.
15.2 The Australian / Victorian Biathlon Association cannot be held liable for any loss or theft of goods in transit, or loss of profit, or damage arising or any such result or action tangible or otherwise.
15.3 The Australian / Victorian Biathlon Association can not be held liable for any loss or theft of goods in transit, or loss of profit, or damage arising or any such result or action tangible or otherwise and customers take up this offer solely at their own risk. The Australian / Victorian Biathlon Association may, at their discretion, refuse or reject any such return claim if it is found that the returned goods are no longer in “as-new” condition or not suitable for repair or replacement.

 

16 Pricing

16.1 All prices listed on the www.biathlon.asn.au online store are in Australian Dollars (AUD) and include GST where stated.
16.2 Pricing and product details may vary from time to time depending on many factors including but not limited to: - currency fluctuations, stock unavailability, errors and omissions, freight and/or customs duties. Every effort will be taken to provide accurate and up-to-date information and to correct any omissions and errors as soon as the owners of Just Pilot Watches are made aware of such information.
 

17 Freight

17.1 The Australian / Victorian Biathlon Association advertises the details and choices of freight at the time of check-out by the customer. Unless prior arrangement has been made all freight methods and costs will be at Our sole discretion and may be amended or altered from to time. Shipping outside of Australia may be provided by quote if required by the customer.

 

18 Privacy & changes
18.1 The Australian / Victorian Biathlon Association adheres to the Australian privacy legislation in the way it collects, uses, secures and discloses personal information. The Commonwealth Privacy Act 1988 requires companies to comply with the National Privacy Principles. Personal details of all or any customers of this site are not collected or distributed for any other use other than any consented purpose listed within this site. We lawfully collect personal information that is necessary for us to perform intended business functions listed. The information we collect will only be information you have offered us when you purchase goods or services. This information will include your name, address and contact details. All Information will be derived from communications between us and you. Under no circumstances will this information be offered to anyone for sale or otherwise.