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 our 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 provide you with a store credit (excluding shipping) with no expiry date.
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.
‘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. Please note that many of the parts available for purchase in the Mercury Parts catalogue are special order parts and are subject to this section.
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) a store credit, 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 email@example.com 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 firstname.lastname@example.org); 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. In some cases a store credit, refund, replacement or repair may not be offered if you: (1) substantially modify the product: (2) misuse the product contrary to user instructions or packaging labels; or (3) simply change your mind.
Your rights under the Australian Consumer Law:
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.