All goods (“Products”) supplied by Adreno also known as Spearfishing.com.au, Scubadiving.com.au and Wetsuitwarehouse.com.au are supplied on these terms and conditions.
2. Order acceptance
No order shall be binding on http://www.wetsuitwarehouse.com.au/ until accepted by Adreno . An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Adreno of an order from the Customer. Adreno reserves the right to accept any order in whole or in part. Where Adreno makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Adreno.
2.1 Sale Items
Adreno will always do their best to ensure all sale items are in stock in all of our outlets, however, in cercumstances there may be limited stock only available in one, some or none of our outlets. 'End of line' and other sale items that are out of stock, may not be re-ordered. There may be instances where out of stock items remain on the website for a period after going oout of stock. Adreno will always remove these prodcuts in the most timely manner possible.
3. Payment terms
Payment must be made in full and on checkout in the online shopping cart without set off or deduction. Adreno will investigate any disputed amounts, and resolve them by issuing a credit to the Customer when required.
4. Title to products
Ownership of the product does not pass to the Customer until the relevant order has been fulfilled and dispatched from the Adreno location. Adreno reserves the right to void any order if deemed necessary prior to dispatch.
6. Returns - Adreno has a hassle free returns policy
Please refer to our Return Policy Page. Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer’s order, or which the law provides may otherwise be returned to Adreno within 7 days after the Customer has received the Products, at no cost to the Customer.
Adreno will not accept a returned Product where the Customer has caused the Product to become un-merchandisable or failed to take steps to prevent the Product from becoming un-merchandisable or the Product has become damaged by abnormal use whilst in the possession of the Customer.
7. Customer Specific Stock
Where Adreno has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Adreno may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Adreno against all claims, demands, loss, costs and expenses incurred by or made against Adreno , arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Adreno may use, print or reproduce at the Customer's request.
8.1 Except for those required or implied by legislation, Adreno gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Adreno . Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Adreno under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or Adreno to:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired;
8.2 Except to the extent the law provides that liability is not able to be excluded, Adreno shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Adreno or the failure of Adreno to comply with these terms and conditions.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Adreno will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Adreno reserves the right to change these Terms and Conditions at any time.
All prices listed on the Adreno website are inclusive of GST. Any consideration and all other amounts to be paid from a purchase through the Adreno online shopping store will be liable for GST. Upon checkout Adreno will issue a tax invoice showing the amount of GST applicable for the particular purchase.
These terms and conditions are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.
12. No Waiver
The failure by Adreno to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
13. Export Agreements
Not all products listed on this website are available for export outside the Australian market due to distribution agreements in certain territories.
14. Unauthorized Resale of Products
Adreno reserves the right to deny service and/or take legal action against any individual or individuals who procure products from Adreno with the intent to resale those products on external websites.
15. In Store Pickup
In Store Pick up orders will be available for collection in store for a period of 1 month; if the order isn’t collected by this point the order will be refunded back to the original account unless a prior arrangement is made with Adreno.
16. Backorder Items.
If the customer is unreachable for a period of 14 days or more Adreno will ship the remaining items on the order while refunding the item in question. to the customer to avoid any additional delays. A notification email of this will be sent to the customer. If they wish to look at an alternative product after this has occurred they can contact the customer service team prior to selecting an alternative for a reduced shipping fee on their next order.
17. Uncontactable Customer, Refunding item.
If the customer is unreachable for a period of 14 days or more Adreno will refund the item returned back to the account from which the item/s were originally purchased. A confirmation email will then be sent through to the customer. If the customer wishes to purchase an alternative to the missing item after this has occurred they can contact our customer service team for a reduced shipping charge on the remaining item.
18. In-store pickup policy
When placing an in-store pickup the goods can only be collected by the person who placed the order. Adreno may request proof of identity upon collection.
19. Hostile and Abusive Customer Behavior
Abusive customer behavior will not be tolerated. Adreno staff reserves the right to deny service to any customer or business who exhibits hostile or abusive behavior and are subject to the conditions below.
Examples of this behaviour include, but are not limited to:
20. Price Match Policy.
To price match an item with a competitor, the price match must be made on the day of purchase and is valid for that day only.
21. Software and Technology Issues.
In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither Adreno nor the Software Provider will have any liability to you or to any third party in respect of such errors. Adreno reserves the right in the event of such errors to remove all relevant products from the Website and take any other action to correct such errors.
22. FREE GIFT VOUCHER OFFER terms & conditions.
23. FREE GIFT WITH PURCHASE Terms & Conditions