SURVIVAL SUPPLIES AUSTRALIA ONLINE TERMS AND CONDITIONS
1) General
1.1 By accessing, making purchases or orders through your use of this website at https://www.survivalsuppliesaustralia.com.au/ (Site) you are agreeing to comply with and be bound by the following terms and conditions of use, which govern the relationship with you regarding the use and purchase of products from this Site.
1.2 Continuing to use and make purchases through this Site constitutes a legally binding agreement with Survival Supplies Australia (SSA) (and the legal proprietary limited company owning or operating such registered business name registered under ABN 14 623 892 268).
1.3 SSA reserves the right in its sole discretion to edit amend delete or add any information products documents or content, including without limitation these terms and conditions, on the Site, at any point in time and without notice to you.We will not vary the terms and conditions which apply to a given order after that order is accepted by us.
1.4 You understand and agree that your continued access to or use of the Site including any and all amendments to this Site or the terms and conditions indicates your acceptance of these terms and conditions. If you disagree with any part of these terms and conditions you may not continue to use this Site or order any products from the Site.
1.5 If any part of a provision of these conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction and only to the extent required. The remainder of these terms and conditions shall remain and has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause shall have no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
1.6 These terms and conditions govern the relationship between you and SSA and shall be governed by the laws of the State of Western Australia. You and SSA agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Perth, Western Australia, Australia.
2) Disclaimer
2.1 SSA is a distributor and re-seller of survival equipment which is made in Australia and overseas by various manufacturers.Preparedness is a key factor that can make a substantial difference in any survival situation. SSA does NOT endorse or represent any of its products or claim that the merchandise SSA sells will save your life in a survival or emergency situation, or that it is fit for your intended purpose or meet your requirements.You further acknowledge that SSA provides products that may cause you harm or injury.
2.2 The merchandise and products offered by SSA on this Site have been used by novices through to survival experts over a period of time with varying degrees of success and have been found to be effective, however any claims or representation by those people or comments posted about the products are not the views, representations or warranties of SSA.Links to other websites or commentary upon the product does not mean SSA endorses or represents the product or that other link or comment in relation to a product but merely is provided to you for your convenience and for further information.
2.3 The information and products contained in the Site are provided in good faith on an "as is" basis.SSA does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site.SSA will endeavour to correct any inaccuracies on the Site once SSA becomes aware of them.
2.4 You agree to assume all responsibility and risk involved for using any materials, equipment, or information or products purchased on or found on this Site.
2.5 To the full extent permitted by law, SSA is not responsible or liable for any liabilities whatsoever (whether direct or indirect) incurred by you or made against you, as a result of you using the Site, purchasing products from the Site or use of products from the Site (including without limitation no liability for anydirect and/or indirect liability for costs, damages, losses, claims, causes of action, accidents, injuries, deaths, fines, law violations and expenses including but not limited to legal fees or consequential losses) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site or your use of the Site or products purchased from the Site.
2.6 Illustrations and photos contained in this Site are sample representation of the products advertised, and variations may occur from time to time.SSA makes every effort to provide accurate information, descriptions, and specifications however manufacturers constantly modify and update products.In some instances packaging & colour variations occur which are beyond our control.
3) Weapons Act 1999 (WA) and Weapons Regulations 1999 (WA)
3.1The Weapons Act 1999 (WA) (Act) prohibits the sale and supply of controlled weapons to people under the age of 18 years of age.The Weapons Regulations 1999 (WA) (Regulations) prescribes additional controlled weapons.
3.2The Act and Regulations apply to residents ordering products in Western Australia, but other Australian states and territories also have similar restrictions.
3.3It is your responsibility as the purchaser to ensure you know the rules and regulations in regards to controlled weapons to ensure you are not breaking the law of your relevant locality, state or territory.
3.4You declare and represent to SSA that you are over the age of 18 if you are purchasing an item from the Site that is prescribed as a controlled weapon for the purposes of the Act or Regulations (for example but without limitation knifes, machetes, or other items with fixed blades such as axes, but also other products such as hunting items, sprays and defence items).
3.5SSA has relied upon your representation and warranty that you are over 18 in providing you the products of your order.
3.6SSA shall not be liable to you whatsoever if your product is not delivered or deliverable to you or is confiscated due to your failure to meet the local law, rules and regulations of your own state or territory.
3.7SSA reserves the right to refuse to provide an item and contact users of the Site to request additional identity and age verification and reserves the right to refuse to supply a product to anyone it believes do not meet the age restrictions for the purposes of the Act or Regulations.
3.8SSA shall not be liable to you in any way whatsoever, whether for a loss of purchase, or for any damage or harm whatsoever (including without limitation no liability for any direct and/or indirect liability for costs, damages, losses, claims, causes of action, accidents, injuries, deaths, fines, law violations and expenses including but not limited to legal fees, or consequential losses) suffered by you or for any consequences as a result of prosecution of you in your local state or territory for failure to comply with buying or ownership laws of your locality.
3.9As laws change it is difficult to provide continuous and exact up to date information regarding the legality of your purchase in all states of Australia.
3.10It is strongly recommended that prior to purchase you investigate the legality and ownership laws surrounding your purchase by contacting your local Police Department to discuss the rules and regulations and information surrounding the ownership of any items that are classed as controlled weapons that you wish to purchase.
4)Privacy Policy and Personal Information
4.1 You may be required to complete a customer registration process through the Site before placing an order for products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.
4.2 You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
4.3 If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
4.4 You acknowledge and agree to provide true, accurate, current and complete information and details about yourself as prompted by the Site's registration and order form.
4.5 You acknowledge and agree to verify your registration data as required from time to time by SSA including verification of contact details, email addresses of date of birth.
4.6 SSA will protect and safeguard all personal information it receives.Such information is for our private records only in order to complete sales transactions, answer inquiries, and inform customers of items of interest in the future.SSA will NOT sell, rent or trade your personal information to any company or agency.Refer to SSA’s Privacy Policy which forms part of these terms and conditions for more information.
5) Intellectual Property
You as the user of this Site acknowledge and agree that:
5.1 the copyright in the Site, the software, design, text and graphics, colours and logos comprised in the Site, the selection and layout of the Site and the content and materials on the Site are owned by or licensed to SSA or reproduced with authority;
5.2 you must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any part of the Site including the products of the Site without our prior written consent;
5.3 this Site may contain registered trademarks and other trademarks which are protected by law. You must not use any of the identifying marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent of the owner or holder of that trademark.You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent
5.4 you must not frame or embed in another website any of the material appearing on this Site without our prior written consent;
5.5 you may store a reproduction or bookmark of the content on this Site on your personal computer for the sole purpose of viewing the content; and
5.6 you may print hard copies of the content and products for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.
6) Viruses
6.1 SSA does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
6.2 You are responsible for scanning any information for viruses and we recommend that you have your own anti-virus protection software installed in your computer.
6.3 Although every effort is maintained to keep the Site clean from virus or malware you agree that SSA has no responsibility or liability to you or any other person for any loss or damage whatsoever (whether, without limitation, direct, indirect, consequential or economic, special, punitive, loss of profit, loss of data), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any use of the Site caused from harmful software viruses or malware.
7) Placing an Order for Products
7.1 All items for sale are in new condition or else otherwise stated.
7.2 You may order products by selecting and submitting your order through the Site in accordance with these terms and conditions.
7.3 Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
7.4 The products sold by SSA on this site are sold 'as is' without representation warranties, or condition of any kind, expressed or implied, including but not limited to implied representations, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
7.5 We do not guarantee that a product will work for your intended purpose or that it is fit for your intended purposes, only that the item will function as advertised or described as provided from the manufacturer.
8) Acceptance or Rejection of an Order
8.1 SSA reserves the right to accept or reject your order for any reason, including (without limitation) if the requested product is not available, if there is an error in the price or the product description posted on the Site,an error in your order or you fail to comply with these terms and conditions.
8.2 SSA can only provide products and orders to an Australian address.We cannot provide and will not accept your order if you do not have an Australian postage address.
8.3 SSA reserves the right to make changes and substitute items of equal suitability and or value, especially in survival kits which contain numerous items that may not all be available at the time of order.
8.4 If a product ordered is not in stock, it will be backordered and shipped out as soon as it becomes available.If the item cannot be supplied in a reasonable period of time, SSA will contact you and give them the opportunity to cancel the order and have their payment for the item(s) refunded.
8.5 Each order placed for products through the Site that we accept results in a separate binding agreement between you and SSA for the supply of those products.For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.
8.6 If SSA reject an order placed through the Site, then SSA will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
9) Cancelling an Order by SSA
9.1 Prior to the dispatch of an order, we may in our sole discretion cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
9.1.1 the requested products in that order are not or no longer available available;
9.1.2 there is an error in the price or the product description posted on the Site in relation to the relevant product in that order;
9.1.3 that order has been placed in breach of these terms and conditions.
9.2if we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
10) Cancelling an Order by You
10.1SSA does NOT accept orders to be cancelled by you or returned merely because you have changed your mind or want an exchange.Orders cannot be cancelled by you once placed and all orders are final.PLEASE CHOOSE WISELY PRIOR TO PLACING AN ORDER.
11)Delivery of Products and Returns
11.1All SSA orders are sent requiring a signature upon delivery.We cannot deliver to PO Boxes because of the requirement for a signature.Please do not supply a delivery address where no one is available to sign for the goods. We can send your order to your place of employment, if requested.
11.2Risk in the products passes to you upon being sent by SSA and collected by the relevant postal services.
11.3Once sent by SSA, in the event that you change the delivery address or signature requirements of your order and request the items be left without a signature then you bear the complete onus risk and obligation of the delivery of the items from that point in time.Any changes in delivery requests from the order (such as requests of Australia Post to waive signature requirements and leave in a safe place) are deemed to have been delivered in accordance with the relevant service provider’s conditions of delivery.
11.4Subject to backorder items SSA endeavours to have your order dispatched within 3 working days after the clearance of funds deposited by you for the purchase of the order.
11.5Unless you notify SSA to the contrary by email, telephone, or facsimile transmission within 24 hours of delivery of any products and such notification is confirmed in writing within 5 days of its receipt by SSA, the products shall be deemed to have been accepted by you.
11.6Once goods are received, you should immediately check the items to ensure:
a) They are correct as ordered;
b) They have not been damaged in transit;
c) They are not faulty;
d) They are not missing any parts.
11.7 SSA will only accept product returns and provide you with (at the discretion of SSA) a replacement for the product (subject to availability) or refund where this clause is complied with.
11.8 If the product delivered falls within one of the categories in clause 11.6 then you must within the time contained in clause 11.5, provide the following information to SSA:
11.8.1 the invoice number and date of purchase;
11.8.2 a detailed description of the problem or the reason for your request to the return the Product;
11.8.3 photograph(s) of product that is damaged during transportation (if it's required we will advise you which email address to send it to);
11.8.4 your name and contact details.
11.9 If the product is approved for return then once notified SSA will issue you with a Return Authorisation Number which must be written on the outside of the returned package.If you return an item without receiving a Return Authorisation Number it may result in the forfeiture of a possible remedy from SSA.
11.10 If a wrong item has been shipped, SSA will replace the item once the wrong item has been returned to SSA by post and SSA will refund your postage costs of the return of the incorrect product back to SSA.
11.11 Delivery times may vary and delivery times are beyond the control of SSA and you acknowledge and agree that SSA shall not be liable to you for any delay in delivery.SSA will make every effort to accommodate delivery requests but no guarantee is provided as the delivery is still beyond the control of SSA.
12) Prices, Fees and Charges
12.1 The prices of products and delivery and other charges displayed on this Site are current at the time of issue, however, SSA reserves the right to change prices at any time.SSA will not change the price once an order has been placed.
12.2 All prices shown on this Site are in Australian Dollars (AUD).
12.3 You acknowledge we are not required or obliged to match any prices for any products.
12.4 All fees and charges and delivery handling fees identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
12.5 All products will be marked accurately and with true and correct values.
12.6 You acknowledge and agree that you may incur additional delivery fees/freight charges to our advertised freight charges (in excess of the fees and charges specified) for:
12.6.1 heavy, bulky and/or awkward items;
12.6.2 express or urgent deliveries; or
12.6.3 bulk or large quantity orders.
SSA will notify you if this is applicable to your order or if you request such a service from SSA.
13) Your Obligations
13.1You covenant and warrant to SSA that:
13.1.1all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
13.1.2you, or the person receiving the products at the stated delivery address is authorised by you to do so;
13.1.3you have and will comply with all relevant laws relating to your use of the Site and products from the Site and your placement of any order to us;
13.1.4you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your account or order on your behalf, or any other security breach relating to an order with us;
13.1.5you are responsible and liable for any person that uses your identification or credit card details to make an order through the Site and you acknowledge and agree that we will charge you for all products that have been ordered using your credentials through the Site;
13.1.6you will check the labels on the products before consumption or use;
13.1.7you will use the products purchased from the Site in a lawful manner and not for purposes in which they were not intended.
13.2 You covenant and warrant to SSA that you will not:-
13.2.1 use the products purchased from the Site in a way to harm other human;
13.2.2 use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, or use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site upload, post, email, transmit or otherwise make available any content or use any products from the Site in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
13.2.3 make fraudulent or speculative enquiries, purchases or requests through the Site or impersonate any person or entity at any stage;
13.2.4 use another person’s details without their permission or impersonate another person when using the Site;
13.2.5 tamper with or hinder the operation of the Site;
13.2.6 knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
13.2.7 use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
13.2.8 modify, adapt, translate or reverse engineer any portion of the Site;
13.2.9 remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
13.2.10 reformat or frame any portion of the web pages that are part of the Site;
13.2.11 create accounts or orders by automated means or under false or fraudulent pretenses;
13.2.12 use the Site to violate the security of any computer or other network or engage in illegal conduct;
13.2.13 take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
13.2.14 use the Site other than in accordance with these terms and conditions;
13.2.15 attempt any of the above acts or engage or facilitate or permit another person to do any of the above acts.
13.2.16 intentionally or unintentionally violate any applicable local, state, national or international law or use the products purchased in an unlawful way;
13.2.17 reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes whatsoever including without limitation benefit or gain, any portion of the Site (including any products on the Site or you may have ordered off the Site), or use of the Site, or access to the Site.
14)Perishable Products and Expiration Dates
You acknowledge and agree that:
14.1SSA acquires food and water products directly from the manufacturer.
14.2Although the products may come with a specified shelf life from the manufacturer the use by date stamped on the product is diminished and on a countdown from the day it leaves the manufacturers premises.
14.3Most of these products have to travel from overseas and pass through Customs & Quarantine which can take some time before they are cleared and become available. They are also stored, whether by SSA or the manufacturer, until they are sold, therefore the actual shelf life of the product may be less than the advertised shelf life of the manufacturer labelled on the product.
14.4In cases where SSA regards a certain item to have a substantial loss of shelf life, SSA will advertise the item and the use by date and may apply a discount price to compensate for the reduced shelf life.
14.5Any anecdotal reports by individuals which indicate that some of these products can be used up to a year or more past their use by dates and still retain their freshness and are perfectly good to consume are personal opinions only and SSA cannot confirm or deny the validity of these reports.
14.6SSA makes no representation as to the actual shelf life remaining or quality of shelf life of product sold on the Site and SSA assumes NO responsibility for any injury, damage, or death that may occur as a result of using any products purchased or consuming products outside recommended guidelines.
14.7You agree to assume all responsibility and risk involved for using any food substances or perishable products purchased from the Site including review of any products from allergens or foods to which you or anyone else may have a reaction to.
15) Warranty and Limitation of Liability
15.1 SSA accepts liability for all legal guarantees and any warranties expressed or implied to the transactions under the Competition and Consumer Act 2010.However, where permitted by law, and subject to these terms and conditions, we will only, in the case of goods, our sole and only liability to you in our discretion is to replace the goods, supply equivalent goods, repair the goods or in some cases a refund.
15.2 SSA does not provide any additional warranty for product other than what the manufacturer provides or advertises.
15.3 Where permitted by law (and subject to the Competition and Consumer Act 2010) we do not warrant or represent the suitability of the Site or a product for any purpose, and we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the product.
15.4 At all times our liability to you under these terms and conditions for loss or damage of any kind arising out of the use of the Site or product is at all times reduced to the extent (if any) that you cause or contribute to the loss or damage.
15.5 You acknowledges that you may forfeit any rights (if any), you may have against a supplier, manufacturer or SSA under these terms and conditions or any warranties of products if:
15.5.1The products are applied or used for any other use to which the products are not intended for and/or advertised for and/or not in accordance with any applicable manual;
15.5.2Any alteration to the products is carried out or performed by you other than in accordance with intended alterations or guidelines and/or the products or goods are not maintained.
16)Indemnity
You agree to indemnify and hold SSA harmless from any claim or demand whatsoever, arising out of your use of the Site (including without limitation by way of third parties either against you or SSA), your use of products from the Site, your violation of these terms and conditions of the Siteany products purchased or obtained by you in connection with the Site, any unauthorised order on your behalf, or the infringement or violation of any rights of another by you or the infringement or violation intentionally or unintentionally of any applicable local, state, national or international law.