Terms and Conditions

1. INTERPRETATION

(a) In these conditions:

Goods: means those goods available to purchase from the site, including but not exclusive to clothing apparel.

GST: Means any goods and services tax, value added tax or other like tax. GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

We/us/our: means Belligerent Digger (ABN 68337425335) of PO Box 197 Edinburgh Defence Precinct in South Australia 5111

Material: means text, video, graphics and sound, the copyright of Belligerent Digger or a third party. Website: means http://belligerentdigger.com/.
You: means any registered or unregistered user of http://belligerentdigger.com/

2. TERMS OF USE

  1. (a)  These terms and conditions apply whenever you access http://belligerentdigger.com/. By using this website you are deemed to have accepted theses terms and conditions.

  2. (b)  All Goods supplied by us are supplied on these terms and conditions. By issuing an order you unconditionally accept to be bound by these terms and conditions in their entirety without alteration.

  3. (c)  If you wish to purchase Goods from this website you may create an account or check out as a guest.

  4. (d)  If you check out as a guest you are bound by these terms and conditions in their entirety and you may not have full access to the functionality of the website including order history and your order status.

  5. (e)  If you create an account you will be required to complete a registration form, enter your personal information including your contact details, email address and create a password. If you register as a user you will be deemed to have accepted the terms and conditions of our website.

  1. (f)  Our entire website is bound by the terms of our Privacy Policy, regardless of registration of the user. For an explanation relating to the collection, use and storage of personal information of users on this Website you should read our Privacy Policy.

  2. (g)  If you do not agree to these terms and conditions or our Privacy Policy you should not use this Website.

  3. (h)  By registering to any of our email services you are deemed to have accepted these terms and conditions.

  4. (i)  Any changes to our terms and conditions will appear on this page and may change without prior notice. You will be deemed to have accepted any variation to these terms and conditions if you continue to use the Website after it has been posted. You should check the website periodically to determine the current terms of use.

3. REGISTRATION

When you make an account, you are registering as a personal user of our Website. Access to your account is via your email address, username and password. We allow you access to the registered areas of the site on the basis that:

  1. (a)  Your email address and password are personal to you and may not be used by anyone else to access our Website. You accept responsibility for all activities that occur under your account or password.

  2. (b)  You warrant that all details you provide to us are accurate and correct at the time of ordering and that you accept that the fulfilment of your order is predicated on the information that you have provided to us.

  3. (c)  You will not do anything that would assist anyone who is not a registered user to gain access to any registered areas of our Website.

  4. (d)  You do not maliciously create additional registration accounts for the purposes of abusing the functionality of the Website, or other users, nor do you seek to pass yourself off as another user;

  5. (e)  You do not transmit or attempt to transmit any viruses, hack data or engage in any hacking activity of any kind;

  6. (f)  You comply with these terms and conditions.

4. TERMINATION OF REGISTRATION

If we wish to bring the agreement to an end we will do so by emailing you at the address you have registered under, stating that your account has been terminated. We may terminate your account if you are in breach of these terms and conditions of use.

5. USE OF THE WEBSITE

  1. (a)  Part of the Website is a shopping website where you can browse, select and order Goods from us.

  2. (b)  The information on this website is intended for general, public information only and should not be considered to be complete or definitive. We take all reasonable steps to ensure that information on the Website is correct, but we do not warrant that it is accurate or complete.

  3. (c)  To the extent permitted by law, we do not accept responsibility regarding the completeness or accuracy of information on this website and use of such information is at your own risk.

  4. (d)  Material published on the Website is owned by us or a third party and is subject to Copyright and cannot be used for a commercial purpose.

  5. (e)  You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have given you permission in writing to do so. Please contact us if you wish to apply for permission to distribution or reproduce parts of our Website.

  6. (f)  Your personal information will not be shared with any third parties.

6. ORDERS

  1. (a)  Any order by you for the supply of Goods shall be deemed to be an offer to purchase the Goods. We may accept or reject such offer in our absolute discretion. We can accept the offer in writing, or by delivery of the Goods.

  2. (b)  An offer to purchase the Goods must identify the Goods ordered, be paid for in advance, is subject to these terms and conditions and must specify the mode of delivery.

  3. (c)  Our acceptance of the offer is subject to our availability to obtain Goods from the manufacturer and prior to any price change by the manufacturer.

  4. (d)  If you have ordered and paid for your Goods, but the Goods are unavailable or we cannot provide them for any reason, you will be notified and we will refund the price of the Goods plus any shipping costs to you directly to the original credit or debit card you used to make the purchase.

  5. (e)  No order may be cancelled by you except with our written consent.

7. PRICE

  1. (a)  Unless otherwise stated, the prices listed on the Website include GST but exclude delivery costs and other things not expressly specified in writing by us.

  2. (b)  International customers are responsible for their own duties and taxes.

(c) The prices listed are subject to change and may increase if the manufacturer of the Goods changes the price available to us.

8. PAYMENT

The price of the Goods and shipping costs must be paid on the date the order is placed on the Website and before we will accept your order.

9. SHIPPING AND DELIVERY

  1. (a)  We are not obliged to deliver the Goods until you have paid the purchase price in full, any shipping costs and any other outstanding charges due.

  2. (b)  Goods will be delivered to the address you provide in your account on registration. We will not be liable to you non-delivery of Goods if you provide the incorrect address. If the Goods are returned to us as undeliverable and extra postage charge will apply to send them again.

  3. (c)  The Goods will be dispatched within 5 business days of placement of your order.

  4. (d)  We are entitled to charge for delivery of the Goods.

  5. (e)  We ship via Australia Post within Australia at their rate displayed on the checkout page of our

    website. In most cases orders will be received within 1-7 business days of shipping. Goods will be delivered on business days. No deliveries will be made on weekends or public holidays.

  6. (f)  We ship internationally via FedEx or DHL at their rate displayed on the checkout page of our website. In most cases orders will be received within 7-20 business days of shipping although certain destinations may take longer. No deliveries will be made on weekends or public holidays.

  7. (g)  We do not guarantee delivery as regular Australia Post does not obtain a signature on delivery. To guarantee delivery we recommend your Goods be sent to an address where there will be someone to receive it between 9:00am and 5:00pm.

  8. (h)  We do not accept responsibility for delays in delivery due to unforseen circumstances (eg strike, floods, etc). The delivery times made known to you are estimates only and we are not liable for late delivery or non-delivery. If there are any delays due to stock reasons we will notify you and you will have the option to change or cancel your order.

  9. (i)  If you do not receive your order please contact us. All orders sent have a unique tracking number. If for some reason your Goods do not arrive within a reasonable time please contact us and we will track it for you.

  10. (j)  We are not liable to you or any person claiming through you for loss or damage to the Goods in transit caused by any event of any kind or by any person or carrier. If you receive a package which is visibly damaged or opened, insist that this is noted upon delivery.

10. RETURNS

  1. (a)  We do not refund Goods for change of mind, if you find the Goods cheaper somewhere else, or you decide you do not want the purchase anymore.

  2. (b)  In the unlikely event you receive Goods that are faulty or damaged please contact us at admin@belligerentdigger.com and we will organise a replacement or refund for you. We may require further evidence from you to assess your claim and we reserve the right to do so.

  3. (c)  Faulty and damaged Goods are to be returned to us using a viable postal or courier option.

  4. (d)  All return shipping costs are your responsibility, except for faulty items for which we are

    content to reimburse upon the production of a receipt. Please ship returned items to:

    Billigerent Digger Clothing
    PO Box 197
    EDINBURGH DEFENCE PRECINCT SA 5111

  5. (e)  Refunds for faulty or damaged Goods will be paid to you directly to the original credit or debit card you used to make the purchase.

  6. (f)  Except as these terms and conditions specifically state, or as contained in any express warranty provided in relation to the Goods, theses terms and conditions do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

  7. (g)  If you are a consumer, nothing in these terms and conditions restricts, limits or modifies the your rights or remedies against us for failure of a statutory guarantee under the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (ACL).

  8. (h)  We are not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.

11. LIMITATION ON LIABILITY

(a) In the case of Goods, our liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the ACL is limited to any one or more of the following:

(i) The payment of the cost of replacing the Goods or of acquiring equivalent Goods; (ii) The payment of the cost of having the Goods repaired.

(b) To the extent permitted by law (whether in contract, tort, under statute or otherwise) we are not liable for any loss, damage, or expense in connection with:

  1. (i)  the use of this website including any linked websites,

  2. (ii)  Materials on this website or third party materials,

  3. (iii)  The transmission of any viruses, worms, trojan horses and other harmful and

    destructive material or

  4. (iv)  Any inability to access or use the website due to technical reasons beyond our

    control.

  5. (v)  Any advertising material on the Website by third parties, including without limitation

    any error, omission or inaccuracy.

12. FORCE MAJEUER

We are not liable for any delay or the failure to perform any obligation in your favour arising as a result of any event beyond our control.

13. SEVERANCE

If any provision of these Conditions is or becomes invalid, illegal or unenforceable the provision shall so far as possible to read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these terms and conditions shall not in any way be affected or impaired.

14. PLACE OF CONTRACT

The parties submit all disputes arising between them to the courts of the State of South Australia and any court competent to hear appeals from those courts of first instance.