1.1 The Site displays products for sale. By placing an order through the Site for any products, you are making us an offer to purchase (Order). All Orders are subject to availability and confirmation of the order price. The agreement between you and us for the Order will be not be formed and binding until your payment has been approved and received by us.
1.2 You may place an Order with us through the Site by submitting an electronic order form on the Site.
1.3 Once you have submitted your Order, you cannot cancel or change your Order. You should therefore check your Order carefully before submitting your Order. You may be permitted to return goods in accordance with the Refund Policy, which can be found at http://www.navycrockett.com.au/privacy-policy.html.
1.4 An Order that has been accepted by us may be cancelled by us at any time for any reason, including but not limited to the following circumstances:
(a) if we suspect that you are acting fraudulently
(b) if there has been an inadvertent error in the pricing of a product
(c) if there is an unforeseen shortage of supply which results in the product being unavailable.
1.5 You acknowledge and agree that:
(a) all pictures that are displayed on the Site are for illustration purposes only, and that the sizes, shade of colours and dimensions of the goods may differ slightly in real life
(b) you have read and understood any description of the goods that are provided before submitting your Order
(c) it is your responsibility to check that your sizing requirements are correct as compared to the sizing measurements (if provided) before submitting your Order
(d) any accessories that appear in any photos are for illustration purposes only and may not be included in the Order.
2. Costs and payment
2.1 You agree that you will pay for all applicable costs for each Order, including the price of the Order and any applicable insurance and shipping costs (Order Cost).
2.2 Unless otherwise stated, all Order Costs quoted are in Australian dollars and expressed inclusive of GST. The shipping costs, which will depend on the shipping option that you have chosen, and any applicable insurance costs, will be displayed and charged separately.
2.3 Prices of goods on the Site may change at any time in our absolute discretion and without notice, and you are not entitled to any refunds in the event of a subsequent price reduction or promotional offering.
2.4 While we make every endeavour to ensure the accuracy of the Site, including details as to descriptions, availability and prices, errors can occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as practicable. We will provide you with the option of reconfirming your Order at the correct price, or cancelling it with a full refund.
2.5 You can pay for your Order by any of the methods specified on the electronic order form on the Site from time to time, which includes but is not limited to credit card and Pay Pal.
2.6 If you have chosen to pay by credit card and have provided us with your credit card details then we are authorised to charge your credit card for the processing of your Order. Your card will be debited once the Order has been accepted. Your Order will not be dispatched until your Order has been paid in full. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Site.
2.7 We use an encrypted payment gateway and security certificate to secure payments. While we take all reasonable precautions, we cannot guarantee the security of any transaction.
2.8 You will receive an invoice by email once payment in respect of your Order has been processed.
2.9 All purchases are final, and your Order is non-transferrable.
3. Discount Codes
3.1 We may from time to time offer promotional discount codes, which may be applicable to goods on the Site, and must be entered at the time of submitting your Order. The conditions of use relating to any discount code will be specified at the time that it is issued.
4.1 We will make every endeavour to dispatch your Order within 2 business days of us confirming that your payment for your Order has been processed, unless otherwise specified. For example, if your Order is for a custom made or made-to-order item we will dispatch your Order within a reasonable period depending on the item. However, this is an estimate only, and we will not be liable for any delay in delivery whatsoever.
5.1 When placing an Order on the Site you may checkout as a guest, a new customer or returning customer.
5.2 You may register for a personal account as a new customer on the Site by providing the minimum details of your name, gender, an email address, phone number, delivery and billing address (Your Data) and password. By registering for a personal account you will be able to check-out faster for future purchases on the Site.
5.3 You agree:
(a) to provide true, current and complete information in relation to Your Data, and
(b) maintain and promptly update Your Data to keep it true, current and complete.
5.4 You must keep your password confidential and secure.
5.5 You agree that you will create, use and access only one account and that you will not access the Site using multiple accounts.
5.6 You must not place an Order through the Site unless you are aged 18 years and over, and have a valid credit card or debit card issued by a bank that is approved by us. We reserve the right to refuse any Order made by you.
5.7 If you provide any information that is, or we believe that such information is, untrue, not current, incomplete or misleading, then we may at our sole discretion suspend or terminate your account and refuse or restrict, any and all, current, or future use of the Site and we will not be liable to you for any action we take in accordance with this clause.
5.8 If you provide us with inaccurate shipping details in an Order, we are under no obligation to resend your Order if it is shipped to the address provided in the Order.
5.9 If you lose your Password or login details, you may contact us by email at email@example.com, and we will send you an email with your Password.
5.10 If we become aware of, or suspect or you notify us that the Password has become unsecured or unauthorised persons have gained access to that password, we will suspend your Password immediately without liability to you and, at our option, subject to receiving appropriate verification and authentication documentation from you, provide you with another Password.
7. Licence to use Site
7.1 We grant you a non-exclusive, world-wide, non-transferable licence to use the Site solely for your personal, non-commercial use, in accordance with the Terms.
7.2 All other uses are expressly prohibited without our express written consent. For the avoidance of doubt, you must not reproduce, redistribute, transmit, assign or otherwise transfer or use any content from the Site unless we give you express permission to do so.
7.3 You must not add any content to the Site:
(a) unless you hold all necessary rights, licences and consents to do so
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy
(d) that would bring us, or the Site, into disrepute, or
(e) that infringes the intellectual property or other rights of any person.
7.4 In using the Site, you must not:
(a) breach any laws and regulations, or use this Site for any purpose that is unlawful or in breach of these Terms
(b) knowingly transmit any virus, corrupt files or any other software or function that may damage the operation of the Site or other disabling feature to the Site, or
(c) interfere with or inhibit other users from enjoying or using the Site.
7.5 The Site contains links to other websites, including social media sites, which may contain content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
7.6 You acknowledge and agree that:
(a) we may alter, amend or cease the operation of the Site at any time in our sole discretion;
(b) we retain the right in our sole discretion to remove any content or information you add or post on the Site if we believe that it violates these Terms or for any other reason; and
(c) the Site may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
8. Intellectual Property Rights
8.1 Nothing in these Terms constitutes a transfer of any intellectual property ownership rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
8.2 You must not print, publish, modify, link to or distribute any content from the Site or any other documentation that we provide to you, unless we have otherwise authorised in writing.
8.3 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
8.4 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
8.5 The licence in clause 8.2 and the consent in 8.4 will survive any termination of these Terms.
8.6 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 8.3 and 8.4.
8.7 The Breeds of Men search function and the Man-store concept is owned by us and any attempt to use this will be considered a breach of our intellectual property rights.
9.1You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms,
(b) you have obtained the consent of your nominated recipient for gifts to provide their personal information to us
(c) you have read and agree to these Terms before placing an Order, and
(d) you have complied with all applicable laws
10.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
10.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
10.3 We reserve the right to cancel, interrupt or modify the content of the Site, and we will not be liable for any loss as a result of this.
10.4 The content on this Site, linked websites and social media sites may include views or recommendations of third parties (Third Party Material) which do not necessarily reflect our views or indicate its commitment to a particular course of action, and we will not be held liable for such Third Party Material.
10.5 To the extent allowed by law, you indemnify and hold us harmless in respect of any and all claims, loss, liabilities, costs or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of or in any way connected to:
(a) act or thing done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this agreement
(b) any breach by you of any of the terms of these Terms
(c) any wilful, unlawful or negligent act or omission by you, and
(d) any Order that you have placed with us.
10.6 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You may be 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.
10.7 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations including where you are a consumer, the guarantees under the Australian Consumer Law that cannot be excluded. To the extent possible and allowed by the Australian Consumer Law, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b)in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
10.8 Subject to clause 10.7 and to the full extent permitted by law, we exclude all liability in relation to goods or services supplied by Navy Crockett, and you do not rely on being able to claim against Navy Crockett for, any loss or damage or consequential damage under or in relation to any agreement for Navy Crockett to supply goods or services or anything done or omitted in that regard or for that purpose.
11.1 While we endeavour to keep the information on this Site up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, goods or services contained on the Site for any purpose. Any reliance you place on the information contained on the Site is strictly at your own risk.
12.1 Prior to resorting to any external dispute resolution process, you and we agree to use best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms & Conditions. Please notify us in writing of any dispute you may have.
13.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
13.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
13.3 If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.
13.4 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
These Terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.