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MOUNTAIN DESIGNS WEBSITE TERMS & CONDITIONS OF USE
This website is owned and operated by Mountain Designs Holdings Pty Ltd as trustee for the Mountain Designs Holdings Pty Ltd as Trustee for Mountain Designs Unit Trust (ABN 45 944 511 754). The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use ('Terms').
References to 'us' mean Mountain Designs and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to 'you' mean you, the user of the website.
By using the website, you are deemed to have accepted the Terms. Unless otherwise specified, the Terms constitute the entire agreement between us and you concerning the website.
1. USE OF WEBSITE
Mountain Designs owns this website, and unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website.
The content on this website is only intended for your own personal, non-commercial use and you may only download, print or use our website content for this purpose.
In addition, you may only use this website for lawful purposes and will not use it in a way that:
- violates or infringes the rights of others (including their privacy and/or intellectual property rights)
- is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person
- encourages conduct that would constitute a criminal offence (including but not limited to fraud, money laundering and terrorist activities), give rise to civil liability or otherwise violate any law
- restricts or inhibits any other user from using the site
- affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems (including by transmitting a computer virus or other harmful component)
- involves the unsolicited or unauthorized dissemination of electronic messages, SPAM, advertising or promotional material
- results in the impersonation, misrepresentation or theft of another person’s identity
- breaches any applicable standards, rules, regulations, guidelines, orders, directions, directives, codes of conduct, recommendations, determinations or other instruments imposed by any relevant authority.
2. INTELLECTUAL PROPERTY
Mountain Designs is the owner or authorised user of all intellectual property in and associated with the website. Mountain Designs is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, used or referred to on the website.
You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, found on the website.
This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Mountain Designs . Mountain Designs does not control the content of and is not responsible for the advertisements. Mountain Designs will not be held liable for any loss or damage suffered as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.
4. THIRD PARTY SITES
This website may contain links to third party websites. These links are not recommendations or endorsements by Mountain Designs and Mountain Designs does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.
5. USERNAMES AND PASSWORDS
You must keep any username and password used on our site confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).
6. CUSTOMER CONTENT
Certain parts of our website may allow you to submit your own content, including ratings and reviews. By using these features you acknowledge and agree to our Customer Review Terms and Conditions.
7. ONLINE SHOPPING
By submitting an order you are making an offer to enter into an agreement to purchase the goods specified in that order. An order will be deemed received and accepted by us at the time we send an order confirmation to your nominated e-mail address.
Customers are required to make payment in full when making an order. You represent and warrant that you are authorised to use the method of payment and authorise us to charge your order (including taxes and freight charges) to the card or payment method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
We use our best endeavours to ensure products ordered are available. From time to time this is not possible and we may not be able to fulfil all or part of your order if we establish that goods are out of stock or unavailable. If this happens, we will refund you in full the price paid for those unavailable goods.
7.4 TITLE AND RISK
Title to the goods purchased from Mountain Designs does not pass from Mountain Designs to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
7.5 CONSUMER GUARANTEES
All goods purchased from Mountain Designs come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If there is a problem with an item you have purchased from Mountain Designs you can return it to us. Upon assessment, Mountain Designs will offer a full refund or replacement if there is major problem with the item. We may offer of a repair or replacement if the problem is not major.
You must provide us with your proof of purchase (e.g. your Mountain Designs receipt, online tax invoice, credit card or bank statements). Any refund will be provided via the same method of payment as the original purchase.
To assist us in resolving any problems you may experience, please inspect the goods upon taking delivery and report any shortage, discrepancy, defect, wrong specification or similar problem to us as soon as you become aware of it.
7.6 PRODUCT WARRANTIES
In addition to the rights and remedies available to you under law, Mountain Designs or the product manufacturer may provide an additional warranty. When provided, the warranty period, provisions and the company providing the warranty will be clearly specified on or inside the product packaging. Please refer to these warranty documents to determine the terms and conditions of any additional warranty.
To the extent permitted by law, all other warranties and representations are excluded.
7.7 PURCHASING RESTRICTED GOODS
By placing an order for any goods (such as knives) which are subject to restrictions in particular jurisdictions (Restricted Goods) you warrant that you are:
(a) 18 years of age or older; and
(b) not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
We may cancel your order if we have reasonable grounds to believe you have not complied with this clause.
When placing information onto our website, we aim to ensure that all details, prices, product images and descriptions displayed are correct at the time. However sometimes errors occur, for which we apologise.
Reproduction of colours is as accurate as photographic processes allow, however please note that product colours in-store may vary from what is displayed on your computer monitor and may vary from monitor to monitor and device to device.
Although listed on the website, some items, sizes, colours and styles might not be immediately available or might be temporarily or permanently out of stock.
Some products might require self-assembly or you may be required to obtain the assistance of a professional assembler at your own cost and expense.
Delivery time is subject to stock availability from the fulfilment location. Please see our Delivery page for more information.
Unless otherwise stated, freight charges are payable in addition to the product price. A number of different delivery methods may be used depending on the type of order.
All references to $ and dollars on the Australian website are to Australian currency. All prices were current* at the time of publication on the website and are inclusive of GST.
Mountain Designs may vary the prices at any time and prices are subject to change until you have paid for products in full.
Unless specified otherwise, all sale and promotional pricing commences at 12:00:01 am (AEST or AEDT when observed) on the promotion start date and ends at 11:59:59 pm (AEST or AEDT when observed) on the promotion end date.
* While we make every endeavour to ensure the accuracy of our website pricing, occasionally there are system or human errors in our pricing. If this occurs and you have purchased a product at the incorrect price we will advise you as soon as possible and we reserve the right to cancel your order and refund the mistaken purchase price to you.
Mountain Design’s returns policy can be accessed here and the terms of that policy are incorporated herein by reference.
13. CANCELATION OF ORDERS
We reserve the right to cancel any order (in full or part) where: (i) you are in breach of these Terms; (ii) Mountain Designs reasonably suspects that a fraud has occurred or you are purchasing goods for the purposes of resale or resupply; (iii) Mountain Designs becomes aware after that the goods are unavailable or out of stock; (iv) there has been a genuine pricing or product description error by Mountain Designs or its supplier; (v) there is an error in your order.
We will refund any amount already paid in respect of any cancelled order (and in the case of part cancellation of an order, we will refund the amount paid that relates to the cancelled portion of the order).
14. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Mountain Designs excludes any liability which may arise as a result of or in connection with: (1) the use, copying, or display of this website and the contents of this site; (2) goods or services supplied by Mountain Designs under these Terms; or (3) a failure or omission on the part of Mountain Designs to comply with its obligations under these Terms.
For the avoidance of doubt, the above liability limitation does not exclude any rights, which by law may not be excluded, including but not limited to your rights under Australian Consumer Law.
15. NO GUARANTEE
To the extent permitted by law, Mountain Designs makes no representation, warranty or guarantee regarding:
- your ability to access or use the website or any material on the website at any time
- the loss or modification of information or material transmitted to or from the website
- the absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted
- the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website
- the products displayed on the website being available at any time
You agree to indemnify and will keep Mountain Designs indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Mountain Designs in connection with your use of this site, your breach of these Terms or your breach of any rights of third parties.
18. ADDITIONAL TERMS
Additional terms and conditions are attached to certain pages of the website such as the Mountain Designs Alliance Club or competitions from time to time. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.
19. CHANGES TO THE WEBSITE AND YOUR ACCESS
Without prior notice to you and in its absolute discretion, Mountain Designs reserves the right to vary or discontinue the website or any page of the website at any time, and/or suspend or terminate your access to part or all of the website at any time, and Mountain Designs is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.
20. CHANGES TO THE TERMS
Mountain Designs reserves the right to amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the website but will not apply retrospectively or to any of your then current orders. You should review this page regularly to ensure that you are aware of any changes to the Terms.
21. SEVERANCE OF CLAUSES
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
22. GOVERNING LAW
This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Australia.