Terms & Conditions

General:

 

1. All goods sold by Arrow Cricket (the Seller) are sold according to the following terms and conditions, except where there is prior written agreement between the parties to the contrary. These terms and conditions are binding upon both the Purchaser and the Seller.

 

Acceptance:

 

2. The conditions are deemed to have been accepted by the Purchaser when either of the following occurs:

(a) the Purchaser places an order with the Seller; or

(b) the Purchaser makes any payment, whether in full or otherwise;

whichever occurs first.

 

Price:

 

3. All prices published by the Seller are GST inclusive. Except where expressly stated otherwise, all prices are exclusive of freight and delivery, insurance, and any other charges which may arise between the time of purchase, and the Purchaser receiving the goods.

4. The seller may raise, lower, or otherwise alter any price published price for goods at any time, without notice, and will not be bound by any previous published price. The only price which the Seller is obligated to honour, is that which is current at the time of purchase.

 

Terms of Payment

 

5. The full price of the goods, as well as any additional cost relevant to the goods, must be paid at the time of purchase. The Seller has no obligation to deliver, or in any way process, any order for goods until such a time as full payment is received.

6. The Seller may, at their own discretion, provide a waiver of the Purchaser’s obligation to pay the full purchase price at the time of order, with payment to be on terms set out in writing, by mutual agreement.

7. Where payment is provided under the terms set out under (8), the Seller has no obligation to deliver, or in any way process, any order for goods until such a time as full payment is received.

 

Ownership

 

8. Ownership of goods purchased passes from the Seller to the Purchaser at the earlier of the following times:

(a) When the goods are dispatched for delivery to the Purchaser; or

(b) When the purchaser collects or takes possession of the goods

For the avoidance of doubt, goods are taken to be dispatched at the point when the courier or other person responsible for delivery has physical possession of the goods.

 

Delivery

 

9. The cost of delivery is payable by the Purchaser, and is additional to the purchase price of goods, except where waived by the Seller.

10. Whilst the Seller will make reasonable effort to ensure any damage to goods is prevented or minimised, the Seller bears no responsibility for loss or damage of goods during delivery.

11. All delivery dates and times are an estimate only, and the Seller bears no responsibility for any loss or damage arising from a later or delayed delivery.

 

Returns

 

12. Goods may be returned within 30 days of purchase for a store credit for their full purchase value, provided they are unused and returned in the same state and condition they were delivered, with a copy of their invoice, and a reason for their return.

13. A store credit will only be issued if goods are returned in an appropriate state and condition within the allowed time frame.

14. The Purchaser will bear the cost of shipping to return goods to the Seller.

15. In the event a store credit is denied, the goods will be returned to the Purchaser, at the expense of the Seller.

16. Whilst the Seller will make reasonable effort to ensure any damage to goods is prevented or minimised, the Seller bears no responsibility for loss or damage of goods during shipping under these provisions.

17. Where goods are returned due to a fault or defect, the warranty provisions will apply.

 

Warranties

 

18. The Seller’s goods come with non-excludable guarantees under the Australian Consumer Law, that the goods are reasonably fit for purpose, are reasonably durable and safe, are not damaged, and match any description or sample.

19. In addition to these guarantees under Australian Consumer Law, the Seller warrants that the goods will be free of defect for 60 days from the date of purchase.

20. If the goods are found to be faulty within this time, the Purchaser is entitled to return the goods for a full refund, exchange, or store credit.

21. Upon the return of any goods for a claim under this provision, the Seller will make a determination as to whether the goods were faulty.

22. The Purchaser will be responsible for any costs associated with returns arising from a claim of faulty goods under this claim.

23. If a determination is made that the goods were faulty, the Seller will reimburse the purchaser for reasonable costs associated with returning the goods.

 

Force Majeure

 

24. The Seller will have no liability where they are prevented from supplying the Purchaser with goods ordered under these Terms and Conditions where such failure arises from a cause that is beyond their reasonable control. Such reasons include, but are not limited to a natural hazard outside of human control, natural disasters, pandemics, strikes, lockouts, trade disputes, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, government action or other event beyond the control of the Seller.

25. In such circumstances the Purchaser will be entitled to a full refund.

 

Waiver

 

26. No waiver by the Seller of a term, or breach of any term, under these Terms and Conditions will be considered a waiver for any other term, or subsequent breach of the same or any term.

 

Severance

 

27. If any term of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that term shall be severable from the remainder of the Terms and Conditions, which will remain valid and enforceable.

 

Law and Jurisdiction

 

28. These Terms and Conditions are governed by Australian law, and any dispute arising under these Terms and Conditions will be subject to the exclusive jurisdiction of the Australian courts.