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BRISBANE MARINE TERMS & CONDITIONS

This website www.brismarine.com.au (the “website”) is a mixed-use website where you can browse, select and order products advertised through the Online Store from Brisbane Marine Pty Ltd (ABN 73 164 274 131). Please take the time to read these terms and conditions, as browsing or purchasing on this website means that you have agreed to these terms, as well as all terms listed online in relation to our Privacy Policy, Shipping Policy and Returns Policy. By using this website, you guarantee that you have read, understood and agreed that: (1) you have the capacity to abide to this agreement and the authority to decide to this agreement; (2) you are bound to these terms and conditions; and (3) you agree to comply with all local rules and laws. Brisbane Marine reserves the right to change these terms and conditions at any time and without notice. Any such changes are effective immediately. It is your responsibility as the user to read and understand changes to the terms and conditions. The terms and conditions are relevant until terminated by Brisbane Marine. Brisbane Marine reserves the right to terminate these terms at any time without notice. Brisbane Marine reserves the right to terminate any part of the website, any users access, any products provided or the website as a whole. If you do not agree to be bound by these terms and conditions, you cannot use the Brisbane Marine website.

DISCLAIMER

The information contained on this website is provided in good faith on an “as is” basis. Brisbane Marine does not represent or warrant to the reliability, accuracy or completeness of the information contained on this website. To the extent permitted by law, Brisbane Marine is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information on this website. However, Brisbane Marine will endeavour to correct any inaccuracies on the website once Brisbane Marine becomes aware of them.

Illustrations and photos contained on this website are sample representations of the products advertised, and variations may occur from time to time.

LINKS

This website may contain links to external websites that are not operated by Brisbane Marine or our related corporate bodies. Brisbane Marine does not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that: (1) we make no representation or warranties, or have any responsibility or liability for those websites; (2) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites; and (3) you access and use the products and services made available at those sites solely at your own risk.

INTELLECTUAL PROPERTY

You acknowledge that the copyright on the website, the software, design, text and graphics comprised in the Site, the selection and layout of the website and the content and materials on the website (together, the “Materials”) are owned by or licensed to us. You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent. You must not frame or embed in another website any of the material appearing on this Site without our prior written consent. You may store a reproduction of the content on this website on your local computer for the sole purpose of viewing the content and Materials and print hard copies of the content and Materials for the sole purpose of viewing and purchasing products but not for any other use, including commercial use. This website contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the website or our name or the names of our related corporate bodies without our prior written consent. You must not use any of the other company, product and services marks on the website that are owned by other third parties (including our suppliers) without obtaining the relevant third-party owner’s consent.

VIRUSES

Brisbane Marine does not claim that any information (including any files) obtained from or through the website is free from viruses and other faults or defects. You are responsible for scanning any information for viruses. You agree that Brisbane Marine has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information. If Brisbane Marine is found to be liable this will be limited to the cost of supplying the information again.

ONLINE ORDERS

You may order products by selecting and submitting your order through the Online Store in accordance with these terms and conditions. Any order placed through this Online Store for a product is an offer by you to purchase the particular product for the price notified, plus any charges or taxes (i.e. GST & delivery). We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested product is not available or if there is an error in the price or product description posted on the website. Each order placed for products through the Online Store that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions. If we reject an order placed through the Online Store, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

CANCELLING ONLINE ORDERS

Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if: (1) the requested products in that order are not available; or (2) there is an error in the price or product description posted on the website in relation to the relevant product in that order; or (3) that order has been placed in breach of these terms and conditions. If we cancel all or any part of an order then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted but excluding special orders) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation. If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.

SPECIAL ORDERS

‘Availability: In Stock’ does not necessarily mean an item is in-stock at Brisbane Marine, it may be available at a supplier or warehouse. If your requested product has to be ordered from a supplier or warehouse, your order will be deemed a ‘special order’ and you will be notified. Prior to us ordering your requested product from the relevant supplier or warehouse, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation. If you do, then you must provide us notice (including reason) before we process your special order. You cannot cancel all or any part of an order after your requested products have been ordered by us.

PRICE

The prices of products and delivery and other charges displayed on Brisbane Marine’s website are current at the time of publication; however, Brisbane Marine reserves the right to changes prices at any time, without notice. If this should happen after you have ordered a product, we will contact you prior to processing your order. All prices shown on Brisbane Marine’s website are in Australian Dollars (AUD). We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable): (1) the purchase price of each product that is ordered; (2) the delivery fee for delivering the products to you; and (3) any other fees and charges set out in these terms and conditions. All fees and charges identified in these terms and conditions and all prices for the products as shown on Brisbane Marine’s website are inclusive of GST (unless otherwise indicated). You acknowledge that we are not required or obliged to match any prices for any products, including matching any prices for a product that is available through Brisbane Marine’s website at our store or vice versa. Any orders placed on items with incorrect prices due to data entry error can be cancelled, refunded or refused by Brisbane Marine.

GIFT CARDS

Gift cards can be only purchased online on the website. Gift cards are activated upon purchase. Gift cards are to be only redeemed online on the website, either as full or partial payment for merchandise or services available on our site. Gift cards are non-transferable, non-refundable and can not be redeemed for cash. Gift cards are valid for 12 months from the date of purchase. If purchases made with Gift cards are returned, any refund will be issued as a new Gift card. Gift cards cannot be used to buy another Gift cards. We are not responsible for lost, stolen, destroyed, or unauthorized use of Gift card, and no replacement will be provided in such cases. We reserve the right to refuse to honor Gift cards if it is believed that they have been obtained through fraudulent means.

PROMOTIONS & DISCOUNTS

Discounts apply to original prices for a limited time only. Not valid in conjunction with any other offer. No transfers. No rainchecks. No further discount codes allowed. Any order found using additional codes will be cancelled without notice. Discount/promotion cannot be applied after the order is confirmed, paid, or processing. Brisbane Marine reserves the right to change prices without notice, at our discretion. The sale price of the product will only be honoured at the time of the product being purchased at the sale price (i.e. if the item later goes on sale after a full price purchase, we are not required to offer the item at a cheaper price). We reserve the right to withdraw any product from sale without notice, for any reason. However, for various reasons, that product might still appear on our website for a period of time after that withdrawal. We make no undertaking that a product shown on this website will be available for purchase online or in store.

WARRANTY AND LIABILITY

All products are covered by a manufacturer’s warranty. The period of warranty varies from product to product, but many carry a One Year, Two Year, Five year, or other limited warranty. These items are identified and warranty periods detailed on supplier website. If any defect in materials or workmanship in a product sold by Brisbane Marine is identified and notified to us within the warranty period then we will, at our discretion repair or replace the product. Brisbane Marine does not accept any liability beyond this for consequential loss. Warranty is subject to us being satisfied that a defect was caused by defective workmanship or materials and was not caused by or was not substantially contributed to by other factors beyond our control, including (but not limited to): defective installation, maintenance, or repair; alterations or modifications of the product in a manner not recommended by the manufacturer; or any neglect, misuse or excessive use. The original Sales Invoice or cash receipt must accompany warranty claims to provide starting date of the warranty period (if you have lost your receipt we may have a copy in store but cannot guarantee this). Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Where freight expenses are incurred for the return of a faulty product, these expenses are not refundable (i.e. any rehandling charges incurred either to or from the service department will be at the customer expense).

RETURNS

Unless you notify Brisbane Marine to the contrary by email, telephone, or facsimile transmission within fourteen (14) days of delivery of any products and such notification is confirmed in writing within seven (7) days of its receipt by Brisbane Marine, the products shall be deemed to have been accepted by you. Brisbane Marine will accept product returns and provide you with (at Brisbane Marine’s discretion) a replacement product (subject to availability) an exchange voucher, refund or repair where: (1) the product delivered is faulty or is not of merchantable quality; or (2) the product delivered is not fit for its intended purpose; or (3) the product delivered does not match the description on the website. If the Product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the website or is covered under a warranty from the manufacturer, then please contact us on 3889 3033 or email partsonline@brismarine.com.au and one of our team will assist with your request. To enable us to evaluate your return request, please ensure you have the following information: (1) the order number or invoice number; (2) a detailed description of the problem or the reason for your request to return the product; (3) photograph(s) of product that is damaged during transportation (if applicable forward photographs to partsonline@brismarine.com.au); and (4) your name and contact details. We will evaluate your return request and if you are successful, we will send you full return instructions and the return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.

SHIPPING & DELIVERY

Please refer to our shipping policy for further information. Delivery time frames are subject to stock availability. This period may be extended by up to 30 days by us and we will endeavour to provide you with reasonable notice of such an extension.

PERSONAL INFORMATION

Please refer to our Privacy Policy for further information.

HAVE A QUESTION?

Our customers are important to us, so if you have any questions about the following (but not limited to) a product, our website, our store or our customer service, please don’t hesitate to contact us. We can be contacted during business hours on (07) 3889 3033 (extension 3) or by email: online@brismarine.com.au or mail: 306 Duffield Road, Clontarf, Queensland, 4019.