1. Scope
All goods (“Products”) supplied by Oceansports Pty Ltd, also known as oceansports.com.au, are supplied on these terms and conditions.
2. Order acceptance
No order shall be binding on www.oceansports.com.au until accepted by Oceansports . An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Oceansports of an order from the Customer. Oceansports reserves the right to accept any order in whole or in part. Where Oceansports makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Oceansports.
2.1. Sale Items
Oceansports will always do their best to ensure all sale items are in stock, however, in circumstances there may be limited stock only available. ‘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 out of stock. Oceansports will always remove these products in the timeliest manner possible.
2.2. Spearguns and Knives
The sale of spearguns and knives is subject to a minimum legal age (currently 18 years of age). Orders from customers who do not fulfil the age requirement are not accepted. By purchasing a speargun or knife the customer represents to be of minimum legal age. Spearguns and knives are only to be used in lawful manner for their intended purpose.
2.3. Legal Disclaimer
It is our endeavour to ensure completeness, accuracy, and reliability of the information contained on this website.
Information is subject to change without notice and the use of the information, for whatever purpose, by our is at your sole risk.
We do not provide warranties, express or implied, all deals and offers are subject to terms and conditions, which may vary from time to time.
No representations, expressed or implied, as to the accuracy of the information and data contained on this site are provided.
No liability for any use of the said information and data or reliance placed on it is accepted.
No representations, either expressed or implied, as to the suitability of the said information and data for any particular purpose are provided.
No warranties that the said information and data is free of infection by computer viruses or other contamination are provided.
Illustrations and photos contained in this Site are sample representation of the Products advertised, and some variations may occur from time to time.
To the extent permitted by law, Oceansports Pty Ltd, its subsidiaries, parent companies, divisions, heirs, employees, shareholders and other entitles are not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages, or injury) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this site.
3. Payment terms
Payment must be made in full and on checkout in the online shopping cart without set off or deduction. Oceansports 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 fullfiled and dispatched from the Oceansports location. Oceansports reserves the right to void any order if deemed necessary prior to dispatch.
5. Delivery
We deliver products using Australian Post. Shipping costs are influenced by the size and weight of the product and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.
Orders are dispatched within 2 business days. Shipping times are estimated at between 2 and 10 business days depending on yourlocation.
www.oceansport.com.au ships goods Australia wide, however at this time we do NOT accept international orders through our website. Please contact us to enquire about a special order.
6. Shipping
Oceansports reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Oceansports.
A handling fee may be incurred on all orders.
Items over 1m in length or 3kg in weight will travel by road freight courier. Road courier deliveries require a signature on delivery and cannot be sent either to a PO box or C/O a post office.
Bulky items, over 3kg in weight, may incur a freight surcharge. Any such surcharge will be notified to the customer prior to any such charges for additional freight being added to the amount charged by credit card, unless these are already indicated on and included in, the price from the website.
7. Liability
7.1 Except for those required or implied by legislation, Oceansports gives no express or implied 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 Oceansports. 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 Oceansports 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 Oceansports 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.
7.2 Except to the extent the law provides that liability is not able to be excluded, Oceansports shall not be under any liability to the Customer in respect of any injury, 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 Oceansports or the failure of Oceansports to comply with these terms and conditions.
8. Conflicts
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, Oceansports 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. Oceansports reserves the right to change these Terms and Conditions at any time.
9. GST
All prices listed on the Oceansports website are inclusive of GST. Any consideration and all other amounts to be paid from a purchase through the Oceansports online shopping store will be liable for GST. Upon checkout Oceansports will issue a tax invoice showing the amount of GST applicable for the particular purchase.
10. Jurisdiction
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.
11. No Waiver
The failure by Oceansports 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.
12. 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 Oceansports.
13. Backorder Item
If the customer is unreachable for a period of 14 days or more Oceansports 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.
14. Uncontactable Customer, Refunding item.
If the customer is unreachable for a period of 14 days or more Oceansports 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.
15. In-store pickup policy
When placing an in-store pickup the goods can only be collected by the person who placed the order. Oceansports may request proof of identity upon collection.
16. Hostile and Abusive Customer Behaviour
Abusive customer behaviour will not be tolerated. Oceansports staff reserves the right to deny service to any customer or business who exhibits hostile or abusive behaviour and are subject to the conditions below.
Examples of this behaviour include, but are not limited to:
- Threats of physical violence; swearing; inappropriate cultural, racial or religious references; and rudeness, including derogatory remarks. Demanding responses within an unreasonable requests.
- Repeatedly contacting or insisting on speaking to a particular member of staff who is not directly dealing with the matter.
- Excessive telephone calls, emails or LiveChats (this also includes unsolicited marketing calls, letters and emails that are considered to be ‘spam’ or ‘phishing’).
- Sending duplicate correspondence requiring a response to more than one member of staff; persistent refusal to accept Ban or Block. Available restrictions
- Customer can be Blocked or Banned from purchasing products or contacting our staff via email, social media, phone and livechat channels. Take legal action, such as applying for an injunction or court order to prohibit contact/poor behaviour.
17. 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 Oceansports nor the Software Provider will have any liability to you or to any third party in respect of such errors. Oceansports 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.
18. Promotion Codes and free gifts
Promotion codes, also referred to as coupon codes, discount codes or vouchers, and free gift offers:
- are only valid online
- cannot be used in conjunction with any other offer or price matching
- cannot be used/claimed when purchasing Oceansports Gift Vouchers
- cannot be enacted retrospectively
- free shipping codes only apply to deliveries within Australia
- any Oceansports promotion codes used online will apply the discount value evenly across all products in your purchase. In the event of a discounted item being refunded, only the amount paid for the item can be refunded.
- Our WELCOME promo codes only apply to new customers when making their first purchase, and the order value must be a minimum of $100, not including shipping. This promo code is available for online purchases only.
19. Pricing
Oceansports endeavours to ensure all prices are correct at time of publication; however, if a pricing error does occur, Oceansports reserves the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order.
We reserve the right to withdraw any product from sale without notice, for any reason. However, for various reasons, that product might still appear on our website for a period of time after that withdrawal. We make no undertaking that a product shown on this website will be available for purchase online at all stores or at a specific store.
20. Gift Vouchers
Gift vouchers are not redeemable for cash. They must be redeemed within 2 years of purchase date.