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Terms and Conditions

About These Terms And Conditions

In these Terms and Conditions "We" and "Us" mean Altitude Sports Pty Ltd ABN 12 115 927 467 of 241 Elizabeth Street Melbourne 3000 and "You" means you the customer.

These Terms and Conditions together with Your Order constitute the entire Contract between us and You for the supply of Products. No other terms or conditions shall apply. The Contract cannot be varied unless We agree to vary it in writing or by email.

Australian Sales Only

We will not accept Orders which require deliveries to be made outside Australia.

Legal Capacity To Transact

If You are under the age eighteen years You cannot place Orders with Us.

By accepting these Terms and Conditions You warrant that You are over the age of 18 years.

Placing Your Order

You may place an Order by completing the Order Form on the Altitude Web Site and clicking the "Submit My Order" button.

When You place Your Order, We shall issue You with an Order Number. We will do this by email.

By placing an Order, You make an offer to Us, based on these Terms and Conditions, to purchase the Product that You have specified in the Order.

Information contained on the Altitude Website constitutes an invitation to treat. No information on Our website constitutes an Offer by Us to supply any Product. Where we accept Your Order We shall use our best endeavours to supply to You, the Product specified in Your Order.

We shall notify You that Your Order is being processed by sending You an Order Confirmation. We do not, however, formally accept Your offer until Your Order has passed our internal validation procedures. Each Order is checked to prevent credit card or payment fraud. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in our sole discretion.

We shall confirm acceptance of Your Order when We send You an email confirming shipment of the goods You have Ordered.

If We cannot process or accept Your Order after payment is received We will contact You by email or telephone.

Payment Methods And Processing

We currently accept PayPal, BPAY, Visa, MasterCard and American Express only.

Payment processing will not begin until We receive all the information We have requested.

Orders placed on a weekend or a public holiday will not be processed until the next business day.

We process credit card and PayPal payments after You click the "Submit My Order" button.

Where You pay by BPAY You must pay the price payable in Australian dollars as indicated on Your Order Confirmation within 7 days from the date that You receive Your Order Confirmation.

If a BPAY payment is not received within 10 days from the date that You receive Your Order Confirmation, We reserve the right to cancel the Order.

For credit card and PayPal payments we shall email a tax invoice to You with Your Order Confirmation. Where You pay by BPAY a tax invoice will be sent to You via email after Your payment has been confirmed. Your tax invoice is Your proof of purchase.

Please Note:

• We are unable to accept credit cards issued by banks outside Australia.
• Debit cards and cheque cards have daily spending limits that may substantially delay the processing of Your order.
• You may be required to provide further identification for additional security reference checks.
• If Your PayPal payment is funded by an e-cheque this may substantially delay processing Your Order pending payment clearance.

GST

Prices include GST unless otherwise stated on a Product listing.

Prices

Prices displayed are standard and have not been adjusted to take account of any profile information available to us as the result of cookies placed on Your computer.

We reserve the right to change prices for Products displayed on the Altitude Website at any time.

Supply Of Products to You

Subject to these Terms and Conditions, We shall supply to You the Products specified on Your Order Confirmation.

When these Products have been dispatched, We shall email You to confirm shipment of each item including a tracking number for each item.

Delivery Of Your Products

Delivery time is up to 10 business days from the date Your payment is received. Please note that BPAY payments take 1-2 business days to process.

In all instances estimated delivery times will be displayed on the Checkout web page on the Altitude Website at the time of placing Your Order.

Although every effort is made to ship Your Order according to the estimated delivery times provided, estimated shipping times may change due to changes in supply or circumstances beyond our control. If Your Product has not arrived within the estimated delivery time, please contact Us at customerservice@altitude.com.au.

We encourage You to visit the "Your Account" section on the Altitude Website to view the delivery status of Your Products.

Unless otherwise agreed by Us, We shall deliver Your Product to the address indicated on Your Order Confirmation using our general carrier Australia Post eParcel. Where delivery is by our courier service and no-one is available to take delivery, a card will be left requesting You to telephone them to arrange a suitable time and date for delivery.

Your Right To Return A Product

Where You wish to return a product that is not faulty, You may do so without giving any reason for up to three months from date of receipt, provided that the items are have not been used, they are unmarked, and in original condition. No refunds, credit or replacements will be offered if You wish to return a Product after that time, except in accordance with the terms relating to damaged or defective goods.

Damaged On Arrival Products - "DOA"

A Product will be considered DOA by Us if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.

If You consider that a Product is DOA, You must inform Us. We will provisionally determine whether the Product is DOA and arrange to replace the Product.

Refunds will only be offered where a replacement Product can not be provided.

Where We have provisionally determined that a Product is DOA, return shipping will be arranged at Our expense.

If We subsequently determine that the Product is not DOA, We may in Our absolute discretion refuse to replace the Product or offer You a refund for the Product.

When a Product is replaced, Your replacement Product becomes Your property and the returned DOA Product becomes Our property.

When a refund is given, the returned DOA Product becomes our property.

We reserve the right to test any returned DOA Product. If You have misrepresented the condition of the Product to Us, We will charge a $35 handling and administration fee.

Product Problems After Delivery

If Your item arrives DOA or You find a defect which arises after delivery and a valid claim is received by Us within 30 days of delivery, We will exchange the Product where possible, or refund to You the purchase price of the Product. Should You contact us outside the 30 day period We will consider each claim on a case by case basis on its merits.

Where we agree to replace the Product or refund to You the purchase price of the Product, You must first return the defective Product to us.

We will make arrangements with You for the return of the Product.

The delivery time for replacing the Product will be the same as stated for the original Product.

Return or Refund Authorisation

You will require an Authorisation for replacement or refund in respect of any Product.

Where We have provisionally determined that a Product is DOA, We will issue You with an Authorisation. Products cannot be returned without an Authorisation. The Product should be returned to Us within 30 calendar days of the issuance of the Authorisation. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.

Organising the Return of DOA Products

DOA Products must be returned whenever We agree to replace the Product or provide You with a refund.

Where You received a DOA Product by Australia Post eParcel, We will email You a PDF docket containing an Authorisation which You must affix to the Product. You must then leave the Product at any Australia Post Office.

Where You have received a DOA Product by our courier service, We will make arrangements with Our courier service for collection of the Product, and will notify You when they will collect the Product from You.

When a Replacement Product is arranged:

• A replacement for the same Product that You ordered will be shipped to You at Our expense after We have received the returned DOA Product.
• The delivery time for the replacement Product will be the same as stated for the original DOA Product.

When a Refund is arranged:

• Refunds include all shipping and associated costs for the DOA Product.
• No refund will be given to You until We have received the DOA Product from You.
• Refunds will be issued by cheque or a credit to "Your Account" with Us. Where a credit is organised for "Your Account" You have the option of cashing-out "Your Account" at any time.

Some Products - Manufacturer Only Warranty

Some Products sold through Us are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.

For items advertised and sold with manufacturer’s warranty, We ask You to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms.

Our Liability - this Transaction

Except where such exclusion is prohibited in the Trade Practices Act 1974, We will not be liable for any loss of income, loss of profit, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Except where such limitation is prohibited in the Trade Practices Act 1974, Our maximum aggregate liability arising directly or indirectly from Our supply to You of any Product, whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by You to us in respect of the Product(s) in question.

Where, under the Trade Practices Act 1974 ("Act"), implied conditions and warranties cannot be excluded, any liability in Us for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at Our option, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

Our Liability - Your Use of the Products

The products made available through the Altitude website are often used in potentially hazardous activities such as climbing, mountaineering, skiing, snowboarding, canoeing, and cycling. If You intend using these products in such activities, it is Your responsibility to ensure that You understand the proper techniques associated with safe participation in these activities. We accept no liability for any damage, injury or death which may result from the improper or untrained use of the products supplied to You through the Altitude website.

We expressly disclaim any representation express or implied, relating to Your competence to use any product, or the safety of any activity for which the product may be used.

Your Data - Use And Protection

By placing Your Order, You agree that We may store, process and use data collected from You for the purposes of processing Your Order. If You so indicate on the appropriate section of Your Order Form, You also agree that we may use such data, other than credit card details, in order to provide You with information from time to time on other Products that may be of interest to You. You may obtain a copy of any data held by us concerning You, on request, in writing. If any data held by us concerning You is incorrect, we will correct it on Your written request. Please refer to our Privacy Statement.

Credit Card Fraud

While We employ the latest in Secure Sockets Layer (SSL) technology software for our transactions with Our customers, We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by You if Your credit card is fraudulently used or is used in an unauthorised manner following Your use of that card in connection with purchases made online using Our website.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the our prior written consent.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Any failure by Us to enforce any Term or Condition does not constitute a waiver of such Term or Condition. Such failure shall in no way affect Our right later to enforce such Term or Condition.

We reserve the right to change these Terms and Conditions at any time. The Contract between You and Us shall be on the Terms and Conditions current at the time of Your Order.

Force Majeure

We shall not be liable as a result of any delay in performing any of Our obligations under these Terms and Conditions if such delay is caused by circumstances beyond Our reasonable control and We shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.