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Terms of service

ACCEPTANCE 

The "duketore.com.au" website (hereafter referred to as 'the website') is operated by DEZ SPORTING PTY LTD (hereafter referred to as 'DUKE STORE'). The use of the website is conditional upon the acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). The use of the website constitutes an agreement to the Terms and Condition.

DUKE STORE reserves the right to amend the Terms and Conditions at any time and without notice. The continued use of the website after any amendment becomes effective instantly and constitutes an agreement to abide by and be bound by the Terms and Conditions, as so amended.

 

CAPACITY

The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 16 years and any other persons who are legally prohibited from entering into binding contracts.

 

ORDERS

Any order that are placed by a customer on the website, is an offer by the customer to purchase a particular product for the price (including the delivery, charges and taxes) specified on this website at the time you place the order. DUKE STORE 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. Your contract with DUKE STORE only comes into existence when the order is verified as valid.

 

PRICES

Prices of products, services, delivery and other charges displayed on this website reflect the price at current at the time of issue. The prices displayed may change at any time and are subject to availability. The website may display reduced items from the RRP (Recommended Retail Price). Any RRP displayed on the website reflects the recommended retail price provided by the Australian distributor of each of the brands.

 

GOODS & SERVICES (GST) AND OTHER TAXES

All prices displayed on the website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

 

DELIVERY

Please read the delivery information contained on the website under "Shipping Policy". The delivery times are indicative only and DUKE STORE will not be liable for any failure to observe these delivery times.

 

RISK AND TITLE

DUKE STORE will retain title to the products until the order and payment in full has been made for those products. All risk in the products will pass to the customer upon delivery to the customer or collection by a postal or courier service.

 

REFUNDS

The circumstances in which DUKE STORE is obliged to make a Refund is detailed in the 'Refunds Policy' section of this website.

 

LIMITATION OF LIABILITY

DUKE STORE will in no way be liable for any direct, indirect, incidental, special or consequential damages, 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, even if DUKE STORE has been advised of the possibility of such damages.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions. The liability of DUKE STORE for any breach of such term, condition or warranty shall be limited, at the option of DKE STORE, to any one or more of the following:

  • If the breach relates to goods.
  • The replacement of the goods or supply of equivalent goods;
  • The repair of such goods
  • The payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • The payment of the cost of having the goods repaired; and
  • If the breach to relates to services:
  • The supplying of the services again; or
  • The payment of the cost of having the services supplied again.

 

DISCLAIMER

While the information contained in the website is believed to be accurate and current, it is provided by DUKE STORE in good faith on an "as is" basis. DUKE STORE, its' directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website. 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.

 

LINKS TO THIRD-PARTY STATEMENTS ON THIS WEBSITE

The website contains links to websites not maintained, controlled or associated with DUKESTORE. DUKE STORE makes no endorsements, representations or warranties about any other website which you may access through this website. When you access a Third-Party Website, that Third-Party Website is independent from this website, and DUKE STORE has no control over the content on that Third-Party Website. Any link to a Third-Party Website is provided as a convenience to users of this website. Third-Party Websites are not under the control of DUKE STORE, and DUKE STORE is not responsible for the accuracy of any information on any Third-Party Website. DUKE STORE does not monitor or review the content of any Third-Party Website and it is the responsibility of the customer to take their own precautions to ensure that any Third-Party Website accessed by link from this website is free from viruses, worms, Trojan horses and other material of a destructive nature. 

 

COPYRIGHT

DUKE STORE is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of DUKE STORE

 

APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.