Where the seller accepts the buyer’s order these conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
• Any condition contained in the buyer’s order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
• Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
• Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the discretion of the seller.
Shortages, Damages or Loss in Transit
• If ordering large parcels above 20kg, they must be delivered using couriers as Australia Post has a limit of 20kg.. For this reason we recommend that you where possible do the following:
1) Arrange delivery to your work, or 2) If not possible, delivery can be made to a residential address on the basis that “Authority to leave” is provided. The courier is then able to leave the goods at the front door or a secure place if no one is home to sign. Authority to Leave means you’re accepting the risk of your parcel being lost, damaged or stolen, and there is no recourse or claim for these items if the courier has delivered the goods. There is no insurance cover provided in this situation.
- Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim.
• Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
(a) Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received.
(b) Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
(c) Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
• No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.
Description of Products
Modifications and improvements to the seller’s products are constantly being made. Descriptions, illustrations and literature are therefore not binding on the seller. Prices may be updated by the seller at any time without notice. The seller has the right to correct any errors or omissions made. Images displaying accessories to the primary product are for display purposes only, and are not included in the sale of the goods unless explicitly expressed in writing in the offer.
The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour disrepute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, epidemic or pandemic virus outbreak causing disruption to services, interruptions of, or delay in transportation or any other cause beyond the seller’s control.
In the event the transaction the subject of these conditions of sale is subject to the Australian Consumer Guarantees (“the Act”) then;• Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.• In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall any way limit or purport to limit the purchaser’s rights under the Act.
Membership Terms & Conditions
By joining the Diamantina Outdoors website as a member you agree to receive from time to time special offers and or newsletters from us. Diamantina Outdoors reserves the right to withdraw or amend any discount or special offers to members without notice at anytime. Members may ask to be removed from our members list by contacting us via email and asking to be removed. No personal information will be released to a third party by Diamantina Outdoors.
Refunds & Returns
Diamantina Outdoors has a 7 day return policy on all non-sale items sold via this website. The 7 day period begins from the date the buyer receives the purchase. Items to be returned must be received within 14 days of the buyer receiving the purchase. These items must be returned unused in their original packaging, and once approved by Diamantina Outdoors can either be exchanged or credited. Proof of original purchase is required and no goods can be returned without the written approval of Diamantina Outdoors with a RAN number issued. The cost of returning unwanted items under this policy are to be paid by the buyer. Purchased items can be exchanged for any product of the same value or used as a credit towards an item with a higher value. If an item is exchanged for an item of a lesser value a credit will be given. Credits will only be given via the same method of payment as the items were originally charged.
Freight charges are not creditable. It is the customer’s responsibility to freight the item(s) back to Diamantina Outdoors. A credit will only be given or replacement items sent on the safe arrival of the items in their original unused condition back to Diamantina Outdoors. The item(s) must be returned in ‘as new’ condition complete with all packaging, ticketing and labelling. The item(s) shall remain the property of the purchaser until returned to Diamantina Outdoors. A freight charge will apply for the shipment of any new item(s) to the customer. A quote for return shipping will be given prior to dispatch.
Return of Goods for Credit
• Goods supplied in accordance with the buyer’s order can only be returned with the express approval of the seller.
(a) Requests to return goods must be submitted within 7 days from the date of supply and the original invoice number must be quoted.
(b) Where goods are accepted for credit they must be delivered at the buyer’s expense into the seller’s store from when they were purchased in original condition and packaging.
(c) The seller reserves the right to levy a restocking fee against any returns they may agree to accept. Such fees may be up to 20% of the invoiced price and levied at the seller’s absolute discretion.
Please contact us prior to returning the item(s) so we can discuss the options for both the product you wish to replace and the freight charges.
All the products we sell come with a manufacturer’s warranty unless they are marked as a used or ex demo item, or otherwise stated as ‘no warranty applies’ Some products have a specified time warranty. Items with this type of warranty usually state the time period on the product information card or docket. Some products may be sold with a ‘lifetime’ guarantee, guaranteeing that the item will stand up to the use for which it was designed for. This type of warranty or guarantee does not cover damage caused by improper care, accidents or the natural breakdown of the materials over time. This type of warranty or guarantee covers material and production faults. The warranty commences the day of purchase.. The seller shall not be liable for consequential or special damages under any circumstances. At the termination of the appropriate period all liability on the seller’s part ceases. The warranty does not cover damage from misuse, accident, neglect or improper operation, maintenance, installation, modification or adjustment. The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
It is the buyers responsibility to ensure that any product returned for warranty assessment is returned to the seller in a clean and dry condition. A laundering fee may otherwise be payable by the buyer.
Please keep your sales dockets for warranty purposes. Warranties will not be honored without proper proof of purchase. The warranty on the item(s) only covers the original owner. Diamantina Outdoors at our own discretion, reserve the right to replace or repair any item found to be defective.
Material, design or production faults are rare. If you find your product to be defective please contact us. Some products may be covered by an International warranty agreement. In this case we may refer you to a local retailer or distributor. Contact us before sending any item(s).
In the event or case of damage to an item due to accident or improper care, we can arrange to have the item(s) repaired at a reasonable charge. Freight will be the responsibility of the customer. A quote including return freight will be given.
A sales docket is included with all orders or in the case of the order been sent direct from our supplier it will be emailed to you. Please retain this as proof of your purchase. Proof of purchase is required when exchanging or returning any product(s), and will be required for any warranty claims.