Terms & Conditions
The "www.gatorsafety.com.au" website is operated by Trading Downunder Pty Ltd (ABN 49 112 291 068), herein referred to as Trading Downunder. Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out in these Terms and Conditions. The Terms and Conditions govern your use of the website and the materials and information accessible on or from this website. You should read the Terms and Conditions fully now. Trading Downunder reserves the right to amend the website and the Terms and Conditions at any time without notice. Your continued use of the website after any amendment to the Terms and Conditions constitutes an agreement by you and be bound by the new Terms and Conditions. Your use of the website means you accept these Terms and Conditions. You must not access, browse or use this website unless you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions you must not visit or use the website.
Capacity to enter into a contract
The products are not available to persons under 18 years of age and any other persons who are legally prohibited from entering into binding contracts. By making an on-line purchase, you accept these terms and conditions and acknowledge that you are over the age of eighteen (18) years.
Orders & Deliveries
Orders can only be placed by using the shopping cart on our website www.gatorsafety.com.au. An order placed by you is an offer to purchase a particular product for the price (including the delivery and other charges and taxes) specified on this website at the time of your order. Trading Downunder reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. The rejection of any offer by Trading Downunder is at the discretion of Trading Downunder. Your contract with Trading Downunder only comes into existence when Trading Downunder forwards to you a confirmation of receipt of your order and payment.
Our website is regularly updated but all items offered are subject to availability. In the event that a product in unavailable, which may lead to undue delays, we will make an effort to contact you and advise you of this delay. We will offer you a full refund at your request. Products have been reproduced as accurately as possible, due to the huge variation in computer screens some colour variations may occur. Variations in colour may also occur as a result of materials used and the manufacturing processes. Manufacturers may also substitute materials which may lead to variations from those depicted. Trading Downunder retains the right to alter product specifications. Trading Downunder makes every effort to ensure information on our website is accurate and complete at the time of publishing. In the event that the product delivered is different from the product ordered, you should not use the products and notify Trading Downunder Pty Ltd immediately of this error.
Pricing is subject to change without notice. All prices on the website are quoted in Australian Dollars $AUD. Payment can only be made in $AUD. The pricing shown on the website is inclusive of 10% GST. You will be provided with a tax invoice that clearly shows you the GST paid on your purchase. Any changes in prices are solely at the discretion of Trading Downunder and can be made without notice.
You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from this website.
Risk & Title
Trading Downunder will retain title to the products until you have made payment in full for those products but all risk in the products will be passed to you upon the delivery of the products to, or the collection of the products by, a postal or courier service.
Should Trading Downunder suffer any loss or damage as a result of a transaction entered into by a minor, Trading Downunder reserves the right to seek compensation and to take legal action for such losses from the parents or guardians of the minor who caused the order to be placed.
Limitation of Liability
Trading Downunder will in no way be liable for any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible. You must indemnify and keep Trading Downunder indemnified in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any third party posted material or other website.
You agree that your access to, and use of, this website is subject to these Terms and Conditions and all applicable laws, and is at your own risk. While the information and material contained on the website is believed to be accurate and current, it is provided by Trading Downunder in good faith. Trading Downunder, related entities of Trading Downunder and the directors, officers and employees accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the website. Subject to any non-excludable provisions in the Trade Practices Act 1974 (Cth), Trading Downunder expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this website. Trading Downunder shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Trading Downunder is expressly advised of the possibility of such loss or damage. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
By using this website and agreeing to these Terms and Conditions, you agree to indemnify Trading Downunder and its employees, officers, agents, shareholders and other persons involved in the creation of this website and hold Trading Downunder and its employees, officers, agents, shareholders and other persons involved in the creation of this website harmless against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and/or use or exploitation of the website or reliance on its contents or information received through it by yourself or any person accessing any content through the website and as a result of any use or exploitation by you of any material posted by any third party or any other website, or both. This indemnity includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974.
Trading Downunder does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan information for computer viruses. Trading Downunder will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Trading Downunder shall be limited to the cost of re-supplying that information.
Many of the shoes on this website are made from natural leather and manufactured synthetic materials. Leather is a natural product and variations to grain and colour may exist. Through the manufacturing process, the leather or synthetic material may be coloured. Batch colouring and leather pattern / grain may vary from batch to batch. Trading Downunder cannot guarantee that the boots or shoes will exactly match the image shown on the website.