Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Tacklewarehouse.com.au’s relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Tacklewarehouse.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Tacklewarehouse.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Tacklewarehouse.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth),Tacklewarehouse.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
PLACING ORDERS
All orders placed are subject to confirmation and acceptance by The Tackle Warehouse. The prices of products, services and delivery and other charges displayed on the website are current at the time of issue, however, The Tackle Warehouse reserves the right to change prices at any time.
The Tackle Warehouse retains the right to reject your offer of purchase for any reason. These may include but will not be limited to the unavailability of any product, an error in your order, or an error in the product description or price posted on the website.
Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our web site.
OVERSEAS ORDERS
Currently The Tackle Warehouse does not process orders from overseas through its website. Please contact us via email to discuss your individual needs and the freight charges. All international enquiries and orders should be emailed to info@tacklewarehouse.com.au. Please include your delivery address so we can calculate shipping. Payment for all international orders is to be made through PayPal.
PAYMENT
For on-line orders, accepted payments include credit cards (Visa / Mastercard), PayPal / AfterPay / Zip / Direct Deposit ONLY. The title of the goods supplied does not pass to the customer from The Tackle Warehouse until the full amount is paid.
All products listed on Tacklewarehouse.com.au are in Australian dollars (AUD) and are subject to GST.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 3 and 14 days, depending on the delivery option. The method of delivery will be at the discretion of The Tackle Warehouse. Replacement of damaged or lost items is made at the discretion of Tacklewarehouse.com.au. Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
FREIGHT COSTS
Freight is free for all orders over $125.00 purchased through our online store excluding bulky items (see below). All orders purchased through our online store under $125.00 incur a freight charge of $10.00. The method of delivery will be at the discretion of The Tackle Warehouse. The abovementioned freight charges are not applicable to purchases made at our store located at 436 Old Cleveland Road, Camp Hill, Queensland.
Bulky items: All rods over 150cm and Items weighing 5kg actual or cubic weight are classified as a ‘bulky items’. A flat rate of $30 will be charged if an order contains any such items.
RETURNS AND REFUNDS
Tacklewarehouse.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Returns for refund will only be accepted within 14 days of you receiving the goods. Returned goods must be in its original condition and include all the original packaging. Any incorrect, missing or damaged items received must be reported to The Tackle Warehouse within 24 hours of you receiving the delivery. If the item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
Returns must be carefully packed, freight paid and insured, as we cannot freight receive freight collect shipments, nor can we be responsible for loss or damage to returned parcels. We cannot accept any item that has been used, tampered with or damaged. We will credit you with your original method of payment.
The Tackle Warehouse owns the title of any extra goods shipped with your order that have been despatched in error.
In the unlikely event that you are not completely satisfied with your online order, your order can be returned for either a refund or exchange. If your order received the “Free Shipping” option the refund will be less the original shipping charges incurred by The Tackle Warehouse to ship your order. If you paid for shipping on your order you will receive a refund on the goods purchased, but not on the shipping and handling cost. All return shipping charges are payable by the purchaser. All refunds will be made in Australian dollars (AUD) and are subject to GST.
If the product is faulty, please see the section Warranty Claims
WARRANTY CLAIM
All goods sold by The Tackle Warehouse come with a warranty to be free from any defects or faults. This warranty is not transferable.
Goods under warranty cover will be replaced or repaired by the manufacturer as a priority. Should the product be unreplaceable or unrepairable, a refund or exchange will occur.
Warranty only covers the item(s) sold by The Tackle Warehouse.
All warranties are voided if returned product is found in any way to be mishandled, misinstalled, modified, tampered, abused, physically damaged.
Please attach a copy of the original invoice or provide the original invoice number.
The Tackle Warehouse is not responsible for any parcel missing in transit, on its return back to The Tackle Warehouse.
If your order received the “Free Shipping” option the refund will be a full refund of the order price. If you paid for shipping on your order you will receive a refund on the goods purchased, plus the shipping and handling cost. If The Tackle Warehouse or the manufacturer deem the product to have a fault, all return shipping charges will be refunded to the purchaser. All refunds will be made in Australian dollars (AUD) and are subject to GST.
LINKS TO OTHER WEBSITES
Tacklewarehouse.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Tacklewarehouse.com.au and the owners of those websites. Tacklewarehouse.com.au takes no responsibility for any of the content found on the linked websites.
Tacklewarehouse.com.au’s website may contain information or advertisements provided by third parties for which Tacklewarehouse.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, Tacklewarehouse.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Tacklewarehouse.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Tacklewarehouse.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At Tacklewarehouse.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Tacklewarehouse.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Tacklewarehouse.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Tacklewarehouse.com.au collects is secured against unauthorized use or access.
Credit card information is not stored by us on our servers.
THIRD PARTIES
Tacklewarehouse.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Tacklewarehouse.com.au may be required, in certain circumstances, to disclose information in good faith and where Tacklewarehouse.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor ofT acklewarehouse.com.au. Tacklewarehouse.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Tacklewarehouse.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Tacklewarehouse.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Tacklewarehouse.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Tacklewarehouse.com.au concerning your use and access to Tacklewarehouse.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and Tacklewarehouse.com.au that results in litigation, then you must submit to the jurisdiction of the courts of QLD.