Terms and Conditions

This is an agreement between You, the Customer, (“Customer” or “You”) and ABD. ABD operates this website and these terms and conditions apply to its use and to any purchase made by You on this website. You should read these terms and conditions carefully because if you remain on our website or purchase goods from our website, these terms shall apply.

THE PARTIES AGREE:
1. DEFINITIONS
In this Agreement unless inconsistent with the context or subject matter: 1.1 “ABD” means Armaments by Design Pty Ltd A.C.N 644 324 194.
1.2 “ABD Website” means this website and any other websites associated with ABD’s business;
1.3 “Australian Consumer Laws” means The Australian Consumer Law contained in Schedule 2 of Competition and Consumer Act 2010 as amended from time to time;
1.4 “Product” means items listed for sale on this website.

2. WEBSITE USE
2.1 Use of this website allows you to browse and purchase Products. In doing so, you are confirming that:-
(a) You are of legal age to form a binding contract.
(b) You have read these terms and conditions.
(c) You will comply with all applicable laws in respect of use of the Product and this website.
(d) You agree that you are responsible for the security of your passwords whilst online.
(e) Any information You provide to ABD is true, correct, accurate and up to date.
2.2 ABD reserves the right, in its absolute discretion, to refuse, decline or deny access to this website and purchase of Products to any user without the obligation to provide any explanation of any such refusal, declination or denial.
2.3 It shall be the sole responsibility of the Customer to keep their details up to date and ABD takes no responsibility for loss occasioned by You failing to check the accuracy of the information you provide.
2.4 You may not use the content of this website in any manner that would threaten or infringe the intellectual property rights of ABD.

3. PAYMENT AND DELIVERY
3.1 You may use this website to purchase Products.
3.2 All prices quoted on this website are in AUD and are inclusive of GST. GST shall not apply to international orders.
3.3 Delivery on the Product you purchase shall not be arranged until payment has been received in full. Payment methods are as set out on the website from time to time but include payment by credit card through our provider. The terms and conditions, privacy policy and other documents of our provider shall also apply to You, and You should familiarise yourself with those terms.
3.4 ABD reserves its right to decline any transaction in its absolute discretion.
3.5 Credit card details are not stored by ABD.  During checkout, credit card information is sent directly from a visitor’s browser to our payment provider bypassing ABD systems.  Where possible our website uses modern TLS encryption to increase the security and privacy of transactions.

4. WARRANTIES
4.1 If You have purchased a Product and change your mind You are not entitled to a refund.
4.2 You will be entitled to:-
(a) a replacement or refund for a major failure of the Product; and/or
(b) to replacement or repair where a Product is not of acceptable quality but does not amount to a major failure.
4.3 Any claim made under clause 4.2 must be made within thirty (30) days from the date of purchase (Warranty Period) and should be made by sending an email to sales@armamentsbydesign.com.au with proof of purchase and a description of the issue with the Product and ABD shall assess the warranty claim and respond to you within a reasonable timeframe.
4.4 Where any warranty claim is accepted, then ABD shall, in its discretion, either repair or replace the faulty Product (or part thereof) at no further cost to you.
4.5 Any implied warranty in respect of merchantability and fitness for purpose are also subject to the Warranty Period.
4.6 Any warranty provided does not apply where a Product has been dismantled, damaged or defaced, subject to misuse or abnormal handling and which has been altered or modified.
4.7 Where permitted at law, ABD limits its liability for breach of any warranty or condition to the value of the Product.
4.8 Nothing in these terms limits or excludes any guarantee, warranty, representation or condition implied or imposed by the Australian Consumer Laws where such law may not be excluded.
4.9 ABD is not liable for any consequential loss or damage (unless reasonably foreseeable as a result of a failure to meet an applicable consumer guarantee) arising out of this website or the purchase or use of a Product.

5. LIMITATION OF LIABILITY
5.1 To the extent permitted at law, ABD accepts no liability for any loss suffered by You other than to the extent that ABD cannot limit its liability at law. Where ABD cannot exclude liability, then ABD’s total liability arising out of your purchase of the Product or this website is limited, under contract, tort (including negligence), in equity, under statute and otherwise, to the purchase price of your most recent purchase of a Product.
5.2 You indemnify and hold ABD harmless from any claims, demands, actions, damages, costs and expenses (including legal fees) which arise from or in connection with your inappropriate use of this website and/or the purchase or inappropriate use of any Product.

6. WEBSITE
6.1 Where this website contains advertising or links to other websites, ABD takes no responsibility for and excludes any liability resulting from the content of those websites. A link or advertisement on the ABD website is in no way an endorsement of that business or provider.
6.2 Any content, trademarks, copyrights, graphics, images, text, layout, logos or similar which are used on this website (excluding the advertisements and links referred to above) are owned by or licensed to ABD and may not be used, downloaded, recreated, copied or in any way exploited without the express written consent of ABD.
6.3 ABD may suspend this website in its absolute discretion and shall not be liable to any person in the event of the suspension of the website.
6.4 ABD will take all due care to ensure that this website is free from virus, Trojan horse software and/or malware but accepts no responsibility or liability which arises from the use of this website and any advertisement or linked website.
6.5 You must not, without express written permission of ABD, broadcast, republish, upload, transmit, post, adapt or change any content of this website.

7. NO LIABILITY
7.1 In addition to the limitations set out in these terms, ABD shall not be responsible for any loss or damage caused:-
(a) Any misuse of this website.
(b) Any inappropriate or improper use or misuse of the Product.
(c) By the failure or faults with this website (and any associated software/platform) (although ABD shall take all reasonable steps to rectify such failure or fault as soon as possible).
7.2 You agree to indemnity ABD and its associates or third party providers for any action, suit, demand, liability, cost, expense, loss or damage arising out of or in connection with any misuse by You of the website or breach of these usage terms.

8. PRIVACY
8.1 The ABD privacy policy is available on the website. ABD may decline to provide any information or take any action if to do so would breach its Privacy Policy.

9. GENERAL
9.1 The parties agree that:-
(a) This Agreement contains the entire understanding and agreement between the parties as to the subject matter of this Agreement;
(b) All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this Agreement are merged in this Agreement and are of no further effect.
(c) No oral explanation or information provided by a party to another affects the meaning or interpretation of this Agreement or constitutes any collateral agreement, warranty or understanding.
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9.2 No waiver by a party of a provision of this Agreement is binding unless made in writing.
9.3 ABD may vary the terms of the Agreement from time to time and you must check the latest version available on the website.
9.4 If a provision of this Agreement is void or unenforceable it must be severed from this Agreement and the provisions that are not void or unenforceable are unaffected by the severance.
9.5 The rights and remedies of a party to this Agreement are in addition to the rights or remedies conferred on the party at law or in equity.

10. GOVERNING LAW
10.1 This Agreement is governed by the laws of Queensland and the Commonwealth of Australia which are in force in Queensland.
10.2 The parties submit to the jurisdiction of the Courts of Queensland, relevant Federal Courts and Courts competent to hear appeals from them.