TERMS AND CONDITIONS

Terms of Use Agreement
The use of this site is governed by the policies, terms and conditions set forth below . Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to OFFTRACK PTY LTD indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by OFFTRACK PTY LTD.

By ordering or registering on any of our sites you grant us the right to add your contact details to our database and email transactional order, shipping and product review emails. From time to time we may contact you about offers and new products. You can easily be removed by either unsubscribing via a link or contacting our Customer Service at info@offtrack.com.au and we will remove you from marketing communications.

Order Acceptance Policy
Offtrack Pty Ltd reserves the right at any time after receipt of your order to accept or decline your order for any reason. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Offtrack Pty Ltd is a reseller to end user customers and will not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Offtrack Pty Ltd unless written authority has been granted. Product images are for illustrative purposes only. Due to the nature of colour and light, colour shades may vary from what appears on your monitor’s screen.

Liability
Offtrack Pty Ltd is not liable for any losses or damages arising from any website linked to or from this website that Offtrack Pty Ltd does not control. We reserve the right to refuse any order without giving reason. Upon cancelation of an order we will make all reasonable attempts to contact you using the details provided. If an order is cancelled, all received monies will be refunded using the method received.

Delivery
The delivery times provided by Offtrack Pty Ltd are estimates only. Offtrack Pty Ltd will not be liable for loss or damage caused by deliveries beyond its control. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided. By agreeing to our terms and conditions you acknowledge all information set forth under our shipping information.

Shipping Times

Most orders will be sent via Australia Post, TNT or Startrack. Offtrack will endeavor to post out all orders made online within 1 business day from date of order. Commercial orders and Prodeals may take longer to process. See estimated shipping times below:

Standard Post – Metro Cities Australia – 3 – 7 Days

Express Post – Metro Cities Australia – 1 – 3 Days

Standard Post – Regional Cities Australia – 7 – 10 Days

Express Post – Regional Cities Australia – 3 – 5 Days

This is a guide based on real time deliveries, Offtrack accepts no responsibility for orders not delivered in this timeframe. Please call the Offtrack team on 1300 279 959 if you order is time critical and alternate shipping methods can be discussed.

Change of Address
The shipping address for your order is shown in the checkout and on your order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only made until the order begins processing. Offtrack Pty Ltd cannot accommodate all address change requests.
Offtrack Pty Ltd takes no responsibility for orders shipped to an incorrect or invalid address and is not liable for any loss associated.

International Customs Charges
Some orders may incur a customs or import duty charge. Offtrack Pty Ltd do not have any control over these charges or are unable to advise what they will be, as it is based on your own countries regulations & compliances. For further information, please contact your local customs office. All charges are to be paid by the customer on delivery of order. Orders cannot be returned to sender and Offtrack Pty Ltd will not be liable these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and Offtrack Pty Ltd will not be held responsible for any loss of funds as a result of this occurrence. We cannot mark International orders as a gift in order to bypass or reduce any customs fees unless requested as a gift.

Warranties and Repairs
Most repairs are carried out by the manufacturer and not by Offtrack Pty Ltd In some cases, faulty items cannot be repaired and a replacement or store credit will be offered. Offtrack Pty Ltd cannot control the availability of parts of replacement goods.

Offtrack Pty Ltd has no control over manufacturer warranty periods, nor can we control repair periods and cannot advise what they will be. We will however do everything we can to ensure your faulty item is handled as quickly as possible and that you are informed throughout the process. In cases where you have returned goods directly to the manufacturer, Offtrack Pty Ltd cannot be held accountable for repair periods or communication from the manufacturer. We do not refund postage, or cover the cost of return postage on warranty claims, as your warranty is a manufacturer warranty not an Offtrack warranty. If the product is damaged or incorrect upon receiving your postage will be refunded.

Pricing
There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations based on an exchange rate. Prices quoted show the recommended retail price and OUR standard price.

If there is a promotion on a promotion price will also be quoted in addition to the RRP and Standard list price. Discount percentage shows discount off manufacturer recommended retail price to current sale price.

Refunds & Returns
Returns must be in as new condition with tags attached unless faulty.

Clearance items are exempt from general return terms and will be based on individual basis.

Faulty goods will be dealt with as per the manufacturer’s warranty and terms.

Special return offers apply to individuals only.

Due to health regulations, we are unable to exchange or refund on any underwear purchase unless faulty within the manufacturer’s warranty period.

We recommend sending returns via registered post or courier as we do not accept responsibility for lost items.

We will happily exchange or refund your item provided the item and its packaging are in the original condition with the original tags attached and within the returns policy time frame.

Return shipping costs are the customer’s responsibility. Return shipping costs will be refunded only if the return is a result of our error.

Gift cards, promo codes and promo prices cannot be applied to exchanges.

Returns must be made within the timeframe listed on the returns page unless faulty.

Any items returned outside of this period (unless faulty) or items returned damaged or soiled (unless faulty) will be the responsibility of the customer to retrieve. Offtrack Pty Ltd will not pay to return these items to you.

SPECIAL ORDER ITEMS
Products that are specially ordered non-stocked items, custom made, bulk quantity, or corporate special orders cannot be exchanged/refunded. Special Orders for customers may also incur freight charges. These charges are based on specific items ordered and will be outlined before purchase confirmation.

ORDER CANCELLATION

If notified before goods have been dispatched, Offtrack Pty Ltd can accommodate order cancelations. If items have been shipped, Offtrack Pty Ltd reserves the right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.

Copyright and Trademark Notice
This site is owned and operated by Offtrack Pty Ltd. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Offtrack Pty Ltd

All software used on the site is the sole property of Offtrack Pty Ltd or those supplying the software.
You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.
No materials or images from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Offtrack Pty Ltd prior written permission.

All rights not expressly granted herein are reserved.

Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Offtrack Pty Ltd shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

Offtrack Pty Ltd shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

If your credit card has already been charged for the purchase and your order is cancelled, Offtrack Pty Ltd shall immediately issue a credit to your credit card account in the amount of the charge.

Links
This site may contain links to other sites on the Internet that are owned and operated by third parties.
You acknowledge that Offtrack Pty Ltd is not responsible for the operation of or content located on or through any such site.

Credit Card Payments
All orders are subject to pre-authorizations checks to ensure sufficient funds are available and to confirm the validity/security of the payment method.

All credit card payments are subject to fraud checks and are assigned a fraud score. Offtrack Pty Ltd reserves the right to decline or refund an order we suspect to be unauthorised or from an untrusted source.

Promotions
› Promotions, discounts and promotional codes (collectively “Promotions”) are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.

› One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.

› Promotions do not apply to gift certificates, shipping, GST or duties or similar services.

› Promotions cannot be applied retroactively to previously placed orders or to orders that have been adjusted.

› For promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.

› For promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.

› If merchandise was purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future order.

› If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future order.

› Promotional items are available only while supplies last; Offtrack Pty Ltd does not issue rain checks for items that run out of stock.
› Offtrack Pty Ltd, at its sole discretion, extend or terminate a Promotion at any time.

› Offtrack Pty Ltd has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item ordered incorrectly.

› Please note discount coupons are valid for non-sale items only and cannot be used during sale periods.

› By claiming a promotional offer on your order, you agree that you have understood the terms and conditions of that promotion.

MISCELLANEOUS
Severance
Any term in these Terms and Conditions which is prohibited or unenforceable in the jurisdiction specified below will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining terms of these Terms and Conditions nor affect the validity or enforceability of that term in any other jurisdiction.

Contra Proferentum
The contra proferentem rule and other rules of construction will not apply to disadvantage Offtrack Pty Ltd for drafting a term or otherwise benefitting from a term.

Waivers, Remedies Cumulative
No failure to exercise and no delay in exercising any right, power or remedy in these Terms and Conditions by Offtrack Pty Ltd operates as a waiver. Nor does any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.  The rights, powers and remedies given to Offtrack Pty Ltd in these Terms and Conditions are in addition to, and do not exclude or limit, any right, power or remedy provided by law.

Governing Law
These Terms and Conditions are governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

No Merger
The rights and obligations of the parties under these Terms and Conditions do not merge on completion of any transaction contemplated by these Terms and Conditions.

Relationship
Except where these Terms and Conditions expressly states otherwise, they do not create a relationship of employment, trust, agency or partnership between the parties.

Entire Agreement
These Terms and Conditions contain all the contractual arrangements of the parties with respect to the items to which it relates, and supersedes all earlier conduct (including any agreements in relation thereto) by the parties with respect to those items.