Terms and Conditions
(Last updated: April 2015)
This page and the documents referred to on it, tell you information about us here at JDRT, and the legal terms and conditions (Terms) on which we sell any of the products (Products) on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site.
By ordering any of our Products, you agree to be bound by these Terms and the other documents referred to in these Terms.
Please save a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you order Products from our site, please check these Terms to ensure you understand the terms and conditions which will apply at that time.
1. INFORMATION ABOUT US
1.1 We are JDRT Outfitters Pty Ltd, a company registered in Australia under ABN 69 166 108 390, with registered office: 432 Harris Street Ultimo, New South Wales 2007 Australia (‘we’ or ‘us’). We operate the site www.jdrt.com, and social media sites including on Facebook and Instagram.
1.2 If you would like to contact us for any reason, you can reach us by e-mail at firstname.lastname@example.org.
2. THE PRODUCTS
2.1 Images of Products on our site are for illustrative purposes only. Although we make every effort to display colours accurately, we cannot guarantee that the colours displayed on our site accurately reflect the colour of the Products.
2.2 The description of the Products on our site is approximate only. Whilst we make every effort to be as accurate as possible on our site in the description of the Products (including, without limitation, the size, weight, capacities and dimensions of the Products), any description is approximate only.
2.3 The packaging of the Products may vary from that shown in the images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available. If the Product you ordered is not available, we will not process your order.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. YOUR RIGHTS AS A CONSUMER
4.1 As a consumer, you have legal rights in relation to Products we sell to you on our site that are faulty or not as described. Advice about your legal rights is available from the Australian Competition and Consumer Commission (ACCC). Nothing in these Terms will affect your legal rights.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before submitting it. If you submit an order to us which contains an error, please contact us at email@example.com as soon as possible to correct the error. We will try to correct any error in the order submitted by you before it is processed, but we cannot guarantee this.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This order acknowledgement does not mean that your order has been accepted by us. We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.3 If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on our site) we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time. You should read these Terms carefully prior to the purchase of each Product from our site.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 If we revise these Terms and you have already placed an order with us, the revised Terms will not apply to the order that you have placed.
7. YOUR CONSUMER RIGHT OF RETURN AND REFUND
7.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described depending on the country in which you live. Information about your legal rights (including your right to cancel a Contract where the Products are faulty or not as described) is available from the Australian Competition and Consumer Commission (ACCC).
8.1 We will deliver Products available on our site to the address you have nominated.
8.2 Your order will be fulfilled by on or about the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.3 Delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery after 3 attempts, the Product(s) will be returned to us. If the Product is returned to us pursuant to clause 8.3 of these Terms, we will contact you to reschedule a delivery and the delivery service charge will be at your own cost.
8.4 The Products will be your responsibility from the completion of delivery.
8.5 You own the Products once we have received payment in full, including all applicable delivery charges.
9. PRICE OF THE PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on our site from time to time, in the currency stated. Please see clause 9.5 for information about price errors on our site.
9.2 Prices for our Products may change from time to time. Any changes to the price of Products on our site will not affect any order for Product(s) which we have confirmed to you with a Dispatch Confirmation.
9.3 The price of a Product includes GST at the applicable current rate chargeable in Australia for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.
9.4 The price of a Product does not include non standard delivery charges. Free standard delivery is included with each order. For additional delivery terms and conditions, please see our FAQ page.
9.5 It is possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We do not have to provide the Products to you at the incorrect (lower) price.
10.1 You can only pay for Products using a debit card or credit card. Payment for the Products and all applicable delivery charges is in advance. If you cancel a Contract, you may be entitled to a refund (please see clause 7 of these Terms).
10.2 If you do not make any payment due to us by the due date for payment, we may:
10.2.1 immediately terminate the Contract between us. We will notify you that the Contract has been terminated; and
10.2.2 charge interest to you on the overdue amount at the rate of 5% each year above the base lending rate of our bank from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.2.3 If you dispute any payment you have made to us in good faith and contact us to let us know promptly after you have made the payment that you dispute, clause 10.2.2 will not apply for the period of the dispute.
11. TIMEPIECE WARRANTY
11.1 JDRT watches (excluding straps or bands) sold on our site (“Timepieces”) are provided to you with a six month warranty against a manufacturing defect or functional failure.
11.2 JDRT straps and bands sold on our site (“Straps”) are provided to you with a three month warranty against manufacturing defect or functional failure. If you have any queries or would like further information about the warranty provided in respect of Timepieces or Straps, please contact us at firstname.lastname@example.org.
11.3 As a consumer, the Timepiece and Strap warranty provided under this clause of these Terms is in addition to and in no way attempt to displace your legal rights in relation to Timepieces and Straps that are faulty or not as described. Advice about your legal rights is available from Australian Competition and Consumer Commission (ACCC).
11.4 If your Timepiece or Strap is faulty or not as described please contact us immediately for assistance at email@example.com.
12. OUR LIABILITY TO YOU AS A CONSUMER
12.1 If we fail to comply with these Terms, we will be responsible to you for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
12.2 We only supply the Products for reasonable domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence
12.3.2 fraud or fraudulent misrepresentation
12.3.3 any matter which by law may not be limited or excluded.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an act or event beyond our reasonable control (“Event Outside Our Control”).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.2.1 we will contact you as soon as reasonably possible to notify you, and
13.2.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. HOW TO CONTACT US AND COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to "in writing", this will include e-mail.
14.2 You can contact us for any reason by email at firstname.lastname@example.org.
14.3 If we need to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation without further notice to you, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing, except that, if you have purchased a Timepiece or Strap as a gift, you may transfer the benefit of our Timepiece or Strap warranty at clause 11 to the recipient of the gift without our written consent.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, except that, if you have bought a Product as a gift, the recipient of your gift of a Product will have the benefit of our Timepiece or Strap warranty at clause 11, however we will not need their consent to cancel or make any changes to these Terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and any written waiver does not mean that we will automatically waive any later default by you.
15.6 These Terms are governed by Australian law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with the Contract will be governed by Australian law. You and we both agree that the courts of Australia will have exclusive jurisdiction.
15.7 JDRT may at any time revise the terms and conditions and legal notices contained on this website. You accept any revisions and should periodically visit this page to review the current terms and conditions which apply to your use of this website and any contractual relationship entered into with JDRT.
15.8 JDRT is not responsible for the content of any site linked to or from this website. Following any links is entirely at your own risk. Whilst JDRT may provide links to other sites, the inclusion of the links are for the benefit of you and JDRT makes no representations and disclaims all warranties express and implied as to accuracy, validity, suitability, legality or otherwise of any materials or information contained on such sites.
16.0 The JDRT logo and letters are a trademark of JDRT Outfitters Pty Ltd. All rights reserved.