TERMS AND CONDITIONS USE OF SALE

1. USER AGREEMENT

1. By using the ADAMANTIUM website (and mobile site) and our social media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and ADAMANTIUM (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

2. DEFECTIVE GOODS

1. Goods purchased from adamantium.com or an ADAMANTIUM retailer come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this Agreement limits your rights under the consumer guarantees that apply under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.

3. REGISTRATION AND USER REQUIREMENTS

1 To complete an order you must provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.

2 By submitting your email address, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

4. ACCESS AND USE OF THE WEBSITE

1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.

2. You must not (or attempt to):
1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
3. interfere (or attempt to interfere) with security-related or other features of our site; or
4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

4. You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

5. INFORMATION ON THIS WEBSITE

1. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.

2. Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in color or pattern) from the way they appear on the Website.

6. DISCLAIMER AND LIABILITY

1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
1. errors, mistakes or inaccuracies on the Website or our social media pages;
2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
3. personal injury or property damage of any nature resulting from your access to or use of the Website;
4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5. any interruption or cessation of transmission to or from the Website;
6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
7. the quality of any product or service of any linked sites.

2. Where any law (including Federal and State Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to the maximum extent permitted by law.

3. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

7. INDEMNITY

1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

8. PLACING ORDERS

1. You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.

2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.

3. Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).

4. Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.

5. We may reject your order for any reason, including, but not limited to, in circumstances where we believe there may be payment fraud, where we believe the order is being purchased for resale or other non-personal use, where we become unable to ship your order, or if there has been an error in the price or product description on the Website.

6. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement and on the Website.

7. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

9. CONTACT DETAILS AND ADDITIONAL INFORMATION

If you would like more information about the ADAMANTIUM approach to privacy, or if you wish to contact us regarding the information set out in this policy, please contact us:

1. by phone on 1300 360 047
2. by email at support@adamantiumwear.com
3. by post at 1/55 Neumann Rd Capalaba QLD Australia 4157