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Terms and Conditions of Use
Welcome to the website (the “Site”) for Osprey Australia (“Us”, “We” or the “Company”). This Site is commissioned and facilitated by Sheldon and Hammond Pty. Ltd (ABN 90 076 567 989). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE PRIOR TO USING THIS SITE. These Terms and Conditions of Use (the “Terms of Use”) constitute the entire agreement between us and you and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to the Site (including its content and Products sold through the Site). These Terms of Use may be updated by us at any time without notice. You should review these Terms of Use periodically. By accessing this Site, you agree to and accept these Terms of Use. Do not continue to use this Site if you do not accept all of the terms and conditions stated on this page.
License
Unless otherwise stated, the Company and/or its licensors own all intellectual property rights to the content, graphics, designs, images, icons, photography, video and other material on the Site (“Content”). All Content is protected under applicable copyright, trademark and other intellectual property laws. All rights are reserved. You may view, download and/or print Content from the Site for your own personal use only, subject to restrictions set in these Terms of Use. No ownership rights are transferred to you as a result of any such use.
Privacy Policy
Our Privacy Policy, as amended from time to time, is incorporated into these Terms of Use and forms part of this agreement.
User Generated Content
Certain parts of this Site allow users to post and exchange content (“User Generated Content”). By posting User Generated Content, you grant the Company a non-exclusive, royalty-free, perpetual, transferable, irrevocable, worldwide licence to use, reproduce, modify, adapt, publish, translate, distribute and display such content. The Company reserves the right to edit, remove or refuse any User Generated Content at its discretion. The Company is not responsible for any loss or damage arising from User Generated Content posted on the Site.
Purchases and Payments
If you purchase any Products from the Site, you represent and warrant that all payment information provided is accurate and complete and that all charges will be honoured. We reserve the right to cancel or refuse any order placed through the Site. If payment has already been processed, we will refund the applicable amount.
Availability of Products
(a) On occasion, an order may need to be cancelled where a Product is no longer available or where there is an error in the pricing or description displayed on the Site. In such circumstances, any amount paid for the affected Product will be refunded to you.
(b) We reserve the right to remove or suspend any Product from sale at any time, whether temporarily or permanently and without prior notice. Where this occurs after an order has been placed, we will refund the amount paid for the impacted Product using your original payment method.
(c) To the extent permitted by applicable law, we are not responsible for any loss or damage suffered by you or any third party arising from the cancellation of an order or the withdrawal or suspension of a Product.
Acceptance, Rejection, and Cancellation of Orders
(a) When you place an order through the Site, it constitutes an offer to purchase a Product. We reserve the right to decline or cancel that offer in certain situations, including where a Product is unavailable or where there is an error in pricing or product information.
(b) An order will be considered accepted once we:
(i) issue an email acknowledging receipt of your order (noting that delivery of emails cannot always be guaranteed); and
(ii) send a further email confirming that your order has been processed and dispatched.
If only an order acknowledgement is issued, we retain the right to cancel or reject the order in accordance with clause (a).
(c) If an order is declined or cancelled, we will make reasonable efforts to notify you promptly. You will not be charged for orders that are not accepted, and to the extent permitted by law, we are not liable for any loss arising from such cancellation.
(d) If payment has already been processed for an order that is later cancelled:
(i) where the entire order is cancelled, you will receive a full refund, including any delivery charges; or
(ii) where only part of the order is cancelled, a refund will be issued for the affected Products only.
All refunds will be returned to your original payment method.
(e) If your selected payment method cannot be authorised or processed, we may cancel the relevant order.
(f) Products purchased through the Site are intended for personal use only. Where we reasonably believe that an order is being placed for resale or commercial purposes, we may cancel or decline that order.
(g) Once an order has been dispatched, it cannot be cancelled. Any return requests must be handled in accordance with our Returns policy.
(h) We may decline or adjust an order where there has been an obvious error on the Site (including pricing, product descriptions or images). In such cases, the affected portion of the order may be cancelled and refunded, while the remaining items may still be fulfilled.
(i) Where an order has been placed based on a genuine error (including incorrect pricing or product details), we reserve the right to cancel the order and provide a full refund of any amounts paid.
(j) If we are unable to reach you using the contact details provided despite reasonable attempts, we may cancel your order and refund any amounts received.
(k) Delivery charges are generally non-refundable where Products are returned due to change of mind or incorrect selection (such as size or colour), unless otherwise required under applicable law.
(l) Any approved refunds will be processed within a reasonable timeframe and returned via the original payment method.
Payment Options
We accept a range of payment methods including credit and debit cards (Visa, Mastercard, American Express), PayPal, Shop Pay, Apple Pay, Google Pay, and Afterpay. Afterpay allows eligible customers to pay for purchases in four interest-free instalments, subject to eligibility criteria including minimum and maximum spend thresholds and account approval requirements.
Special Offers, Discount Codes, and Promotions
Subscriber Discount Code: Subscribe to our newsletter to receive 10% off eligible purchases. Limited to one use per customer.
Comments and Reviews
By posting a review or comment on the Site, you confirm that the content is not confidential and grant us royalty-free licence to use it. Reviews must be genuine, not misleading, and must not be defamatory, offensive, or unlawful. Reviews that breach these conditions may be removed at our discretion.
Disclaimer
This Site and its materials and Products are provided “as is” without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Site will be uninterrupted or error-free. We reserve the right to correct any errors or inaccuracies at any time.
Limitation of Liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental or consequential damages arising from your use of the Site or Products. Our total liability will not exceed the amount paid by you for the relevant Product.
Indemnification
You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages or expenses arising out of your use of the Site or breach of these Terms of Use.
Miscellaneous
These Terms apply within Australia and any applicable jurisdictions. If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force. Failure to enforce any provision does not constitute a waiver. We may provide notices via email. These Terms are governed by the laws of Australia, and any disputes will be resolved in the courts of Australia.
