Terms & Conditions
This website is owned and operated by A & JV Industries Pty Ltd as trading as Essential Gear ABN 98 644 164. 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 Essential Gear 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. The Terms constitute the entire agreement between us and you concerning the website.
Copyright in website material
All the material on and in relation to the website is always and remains the property of Essential Gear, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of Essential Gear’s copyright and other proprietary rights. You may copy and email our webpage URLs to your family and friends for private and non-commercial purposes.
Intellectual Property
Essential Gear is the owner or authorised user of all intellectual property in and associated with the website. Essential Gear is also the owner or authorised user of the trademarks, logos, names and designs, whether registered or unregistered, in and associated with 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, associated with the website.
Advertising
This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Essential Gear. Essential Gear does not control the content of and is not responsible for the advertisements. Essential Gear will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred 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.
Third party sites
This website may contain links to third party websites. These links are not recommendations or endorsements by Essential Gear and Essential Gear does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.
Usernames and Passwords
If Essential Gear authorises you to register for or otherwise use online shopping, then you must keep your username and password (if any) 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).
Online Shopping
Once registered you will be entitled to shop online and purchase products securely with your valid credit card or such other payment methods authorised by us from time to time. By submitting an order you represent and warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order (including taxes and freight charges) to that 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.
Product disclaimers
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. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.
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
Delivery time is subject to stock availability from the fulfilment locations.
Split Orders
Essential Gear will send out Split Orders in circumstances where the closest store to the delivery address does not have in stock all products on an order. In this situation Store A will send product/s A and Store B will send product/s B. We will send all deliveries as fast as possible but there may be a discrepancy between the time of arrival at your delivery address of product/s A and product/s B.
Prices
All references to $ and dollars on the website are to Australian currency. All prices were current* at the time of publication on the website and are inclusive of GST.
All sale and promotional pricing commence at 12:00:01 am (AEST or AEDT when observed) on the sale/promo start date and end at 11:59:59 pm (AEST or AEDT when observed) on the sale/promo end date.
We make every endeavour to ensure the accuracy of our website pricing, in the event of system based or human pricing errors if you acquire a product at the incorrect price, we will advise you as soon as possible and we reserve the right to cancel the transaction/ your order and refund the mistaken purchase price to you.
Freight
Freight charges are payable in addition to the product price. Several different delivery methods may be used depending on the type of order.
If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. Therefore, we recommend a work address. If no one is available to sign for the parcel a card will be left, and the parcel re-directed to the nearest Courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery. Freight includes insurance and packaging.
Indemnity
You indemnify Essential Gear, its subsidiaries, related entities, officers, and employees against all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
Privacy
Any personally identifiable information that you submit through or in relation to the website is collected and used by Essential Gear in accordance with its Privacy Policy. You can review the Privacy Policy here http://www.Essential Gearstores.com/privacy-policy
Additional Terms
Additional terms and conditions are attached to certain pages of the website such as the Essential Gear Adventure 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 website pages.
Changes to the website and your access
Without prior notice to you and in its absolute discretion, Essential Gear reserves the right to:
a. varies or discontinue the website or any page of the website at any time, and
b. suspends or terminate your access to part or all of the website at any time,
and Essential Gear is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.
Changes to the Terms
Essential Gear 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.
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.
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.