Terms and Conditions
TERMS AND CONDITIONS
ACCEPTANCE OF SITE TERMS AND CONDITIONS
By accessing, using, making a purchase or browsing this Site you agree to be lawfully bound by the Terms and Conditions governing this Site. Tommy Gun’s may amend or modify the Terms and Conditions without notice by posting the amended Terms and Conditions on this Site.
USE OF THE SITE
RESTRICTIONS ON USE OF THIS SITE
Information provided on this Site is for personal non-commercial use. You must have parental or guardian approval to access and use this Site if you are not 18 years of age or over. When using this Site you must not, and you must not attempt to, interfere with any security related features of this Site, any functions of this Site, modify the content of this Site, disrupt or otherwise interfere with this Site or the equipment supporting and hosting this Site, including servers and the network, or use the Site for data gathering, including by use of robots, screen scraping or other data mining tools or data extraction tools.
INFORMATION ON THE SITE
We endeavour to be as accurate as possible in the information provided on this Site. While care has been taken in providing information on this Site, including information about products and product descriptions, to the extent permissible by law Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators do not warrant the accuracy or completeness of the information provided and do not accept liability, including for any loss or damage, that results from reliance on information provided on this Site.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, including logos and brand names, photographs, video, text, information, look and feel, images, music, sounds, audio, designs, data compilations and software, and other materials used on this Site are protected by trademark, copyright and intellectual property law in Australia.
Unless otherwise indicated reproduction of any part of this Site is unlawful. Unless otherwise indicated Tommy Gun’s trademarks, copyright material and other material protected by copyright may only be reproduced with the written consent of Tommy Gun’s. Where reproduction is permitted that reproduction may only be used for personal non-commercial purposes.
HYPERLINKS, THIRD PARTY CONTENT AND ADVERTISING
This Site may contain hyperlinks to third party content and websites, third party content, paid advertising and other material derived from third parties (“Third Party Content”). The presence of Third Party Content on the Site or hyperlinks to Third Part Content is not to be taken as a recommendation, endorsement or approval of the Third Party Content by Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators. Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators do not warrant the accuracy or completeness of any Third Party Content and does not warrant a third party website is free of viruses or malware. Any complaint relating to Third Party Content accessed through a hyperlink on this Site should be directed to the third party website containing the Third Party Content.
In relation to this Site you consent to us using and gathering data using cookies, which you may be able to disable through your browser.
PURCHASE OF PRODUCTS
Prices for products on the Site are in Australian Dollars and include GST. Unless otherwise indicated all charges are in Australian Dollars.
If you have an account on the Site you are responsible for the confidentiality of your account information and password, and for securing your computer. You are also responsible for ensuring the information is current and correct.
If you are using an account on the Site that is not your account you represent and warrant to us that you have authority to use that account and to legally bind the account holder to these Terms and Conditions and, to the extent you do not have authority to use the account, you assume all liability under these Terms and Conditions.
PLACING AN ORDER
Products may only be purchased for non-commercial use.
When placing an order you agree to follow the instructions and read any terms attaching to the placing of that order.
Orders may only be placed on the Site by persons who are 18 years of age or over. If you are not 18 years of age or over must have parental or guardian approval to place an order on the Site and parents and guardians must read and consent to these Terms and Conditions.
We reserve the right to decline fulfilling an order for any reason. In the event your order is declined any amount paid by you in respect of that order will be refunded to you.
By placing an order with us you consent to us conducting credit checks and to receive or convey information about you from and to third parties, including credit reporting bodies.
Gifts cards may not be used to place an order on this Site.
USE OF PRODUCT
When you place an order for a product on this Site you agree to use the product only for the purpose intended and in accordance with the instructions provided by the manufacturer.
If orders are placed separately they cannot be consolidated into a single order and you will be liable to pay the delivery amount attached to each separate order.
If products are to be delivered to a person other than you, you undertake to obtain consent to give their personal details to us.
If any details provided by you to us are incomplete, incorrect or not current, to the full extent permitted by law, we will not be liable to you or a third party for a failure or delay in processing an order.
We use various freight companies (Delivery Company) to deliver the order.
We do not ship to PO Boxes. All parcels must be delivered to an address other than a PO Box.
You acknowledge and agree that, to the fullest extent permitted by law, we are not liable for any delays in delivery or damage to the products during transit, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity.
You acknowledge and agree that it is your responsibility to take delivery of the order promptly during the delivery time of the Delivery Company. If you are not available to take delivery the Delivery Company may leave instructions on where to pick up the order or attempt to re-deliver the order at their sole discretion. You acknowledge and agree that the order may be returned to us if you do not take delivery or collect your order as instructed by the Delivery Company and that you may be charged an additional delivery fee for re-delivery of the order.
In the event an order is returned to us undelivered we may charge a fee for re-delivery.
In the event we are unable to deliver the order to the address instructed we will inform you, cancel the order and refund the cost of the order to you.
In the event that we genuinely provide you with the incorrect product please contact us within 48 hours of receiving the product at firstname.lastname@example.org or call us on 07 3215 6050. We will provide you with information on the process for the supply of incorrect goods and you will be provided with the correct product without further charge.
You acknowledge and agree that, the fullest extent permitted by law, on delivery of the order risk in the product transfers to you.
If your product is not available we will contact you, cancel the order and return to you any money paid in respect of that product.
Once an order is placed the order cannot be cancelled.
We do not offer an exchange or refund for change of mind.
If a product is faulty or defective please contact us as soon as practicable at email@example.com and we will provide you with information about our return process, which may involve sending photos, other information and the product to us. If we determine the product is faulty or has a defect we will either provide you with a new product or refund price of product. If we determine that the product is not faulty or does not have a defect we will return the product to you. For the purpose of clarity a product is not faulty or defective due to fair wear and tear.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the fullest extent permitted by law, Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators exclude liability, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity, incurred that may arise from the use of the Site, including through the use of content and information, inaccuracies or incompleteness in the content, Third Party Content, any interruption to your business, computer viruses, corruption of data, delays in delivery, system malfunctions and failures, or other events beyond our control.
To remove doubt nothing in these Terms and Conditions seeks to limit or exclude any consumer guarantees or other statutory rights except to the extent permitted under the Competition and Consumer Act 2010 (Cth), or to limit any or exclude any liability except to the extent permitted by law.
You agree to indemnify and keep us indemnified against any damage, loss or costs incurred by us in connection with your use of the Site, a breach of these terms, any inaccurate or false information provided by you, or the contravention of any law in connection with your use of this Site.
No waiver of a breach these Terms and Conditions by will be construed as a waiver by us of any other past or future breach of these Terms and Conditions.
Where a provision of these Terms and Conditions is held to be unlawful, void, invalid or otherwise unenforceable, that part or provision will be severed to extent necessary and the remainder of the Terms and Conditions will remain in full force and effect.
We may immediately, without issuing notice, suspend or permanently prevent you from accessing the Site in part or in whole if, in our reasonable opinion, you breach a provision of these Terms and Conditions.
Notices must be in writing and may be given by email unless otherwise stated in the Terms and Conditions or subsequently stated in writing by us.
We are not liable for our a breach of our obligations under these Terms and Conditions if we are unable to fulfil our obligations due to an event beyond our reasonable control, including severe weather, fire, flood lightning, natural disaster, strikes, malicious damage, telecommunication or power or computer network failure, violent or disruptive events and events associated with any of these events.
These Terms and Conditions are governed by the laws in force in the State of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any claim arising out of these Terms and Conditions.