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ACCEPTANCE
The in2adventure.com.au website is operated by Allura Pty Ltd (ABN 99 084 617 434) trading as In 2 Adventure. Use of this website is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers set out in these “Terms & Conditions”.
Please read these terms & conditions carefully before using or accessing this site. By using or accessing the site, you agree to be bound by these terms. Allura Pty Ltd reserves the right to amend these terms & conditions without notice at any time and all amendments will take effect immediately on posting of the amended terms. You should also refer to the Privacy Policy for users.
Your continued use of the website after any amendment becomes effective, constitutes an agreement by you 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 18 years and any other persons who are legally prohibited from entering into binding contracts.
AGREEMENT BETWEEN USER AND ALLURA PTY LTD TRADING AS IN 2 ADVENTURE
The In 2 Adventure Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. This agreement is a contract between you and Allura Pty Ltd trading as In 2 Adventure (“In 2 Adventure”). It sets out the terms and conditions under which you may purchase products online from In 2 Adventure. Your use of the In 2 Adventure Web Site constitutes your agreement to all such terms, conditions, and notices. Please read the terms & conditions carefully before placing your order with In 2 Adventure.
MODIFICATION OF THESE TERMS OF USE
In 2 Adventure reserves the right to change the terms, conditions, and notices under which the In 2 Adventure Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the In 2 Adventure Web Site. Your continued use of the In 2 Adventure Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFY SERVICES
In 2 Adventure may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.
PRICE
Prices of products, services, delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. Although every effort is made to ensure correctness, In 2 Adventure are not responsible for typographical or photographic errors on this site, including any such errors in relation to prices.
GOODS & SERVICES TAXES (GST)
Prices displayed on this website are inclusive of GST applied at the rate of 10%. Orders will not be accepted for areas outside of Australia.
ORDERS
Any order placed by you is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. In 2 Adventure 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 In 2 Adventure only comes into existence when confirmation of receipt of your order and payment are forwarded to you.
DELIVERY
Please read the Delivery Information contained in the website. The delivery times are indicative only and although every effort is made to meet these guidelines In 2 Adventure will not be liable for any failure to observe these delivery times.
COLOURS
In 2 Adventure makes every effort to represent product colours correctly. However, the colour settings of computer monitors can vary considerably. As a result, there may be variations between the colour seen on screen and the colour of the item purchased. In 2 Adventure accepts no responsibility for variation in the colour of a product displayed on the purchasers computer screen.
RISK AND TITLE
In 2 Adventure will retain title to products you order until you have made payment in full for those products. All risk in the products will pass to you upon their delivery to or collection by a postal service. You should consider whether to obtain any suitable insurance.
REFUNDS
The circumstance in which In 2 Adventure is obliged to make a Refund are outlined in the Refunds & Returns section of this website.
PROPRIETARY RIGHTS
You acknowledge and agree that: 1. The In 2 Adventure Web Site and software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
2. The Content contained in sponsor advertisements or information presented to you via the Web Site or third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
3. Except as expressly authorised by In 2 Adventure or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.
DISCLAIMER
You expressly understand and agree that: 1. Your use of the In 2 Adventure Site is at your sole risk.
2. The In 2 Adventure website is provided on an “as is” and “as available” basis. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site.
3. In 2 Adventure, nor any of its directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including nay non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site.
To the extent permitted by law, In 2 Adventure expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose and non-infringement. 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.
In 2 Adventure makes no warranty that: 1. The Site will meet your requirements.
2. The Site will be uninterrupted, timely, secure, or error-free.
3. The results that may be obtained from the use of the Web Site will be accurate or reliable.
4. The quality of any products, services, information, or other material purchased or obtained by you through the Web Site will meet your expectations.
5. Any errors in the Web Site will be corrected.
Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from In 2 Adventure or through or from the Web Site shall create any warranty not expressly stated.
If under any law any terms, conditions or warranties which apply to the supply of goods or services through the Site cannot legally be excluded, restricted or modified then those terms, conditions and warranties apply to the extent required by that law. Except as expressly stated in the terms of use, conditions and warranties that would otherwise be implied are excluded.
LIMITATION OF LIABILITY
You understand and agree that In 2 Adventure, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if In 2 Adventure has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of: 1. The use of, or the inability to use the Web Site;
2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Web Site;
3. Unauthorised access to or alteration of your transmissions or data;
4. Statements or conduct of any third party on the Site; or
5. Any other matter relating to the Site or products ordered through the Site.
To the extent permitted by law, In 2 Adventure's liability for any breach of a condition or warranty which must be implied into the terms of use by the Trade Practices Act 1974 is limited to:
1. In the case of goods supplied by In 2 Adventure to any one of the following at our option:
a. The replacement of the goods or the supply of equivalent goods;
b. The repair of the goods;
c. The payment of the cost of replacing the goods or of acquiring equivalent goods;
d. The payment of the cost of having the goods repaired.
2. In the case of services supplied by In 2 Adventure to any one of the following at our option:
a. The supplying of the services again.
b. The payment of the cost of having the services supplied again.
RIGHTS WE CANNOT EXCLUDE
The above disclaimer and limitation of liability do not exclude any rights which by law may not be excluded.
COPYRIGHT INFORMATION
The In 2 Adventure name, including the distinctive slogans and logos and material that appear on the Web Site are protected by copyright under the laws of Australia and are owned by In 2 Adventure. The In 2 Adventure website also displays names, logos and slogans that are owned by third parties. You agree not to display or use or link to the trade marks in any manner without prior permission from In 2 Adventure or the relevant third party owner.
Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support, the In 2 Adventure website including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved, by Allura Pty Ltd trading as In 2 Adventure.
You are not authorised to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from content on the In 2 Adventure website. You must not exploit any content on the In 2 Adventure website for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.
LINKS TO THIRD PARTY SITES OR SERVICES
This site contains links to sites of third parties. Those sites are not under the control of In 2 Adventure and In 2 Adventure is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by In 2 Adventure. Any link by you to a third party's site is done at your own risk. In 2 Adventure does not endorse any offers made by any third parties and is not a party to the making of the offer. The third party is solely responsible to you for any offer and for any goods and services you purchase from them.
TERMINATION
Your ability to purchase goods from this site may be terminated by In 2 Adventure at any time without notice. All restrictions, licences granted by you and limitations of liability of In 2 Adventure will survive termination.
VIRUSES
In 2 Adventure does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. In 2 Adventure will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on In 2 Adventure, it shall be limited to the cost of re-supplying that information.
INDEMNITY
In 2 Adventure relies on you observing these terms at all times. You agree to indemnify and hold In 2 Adventure and its officers and employees harmless from any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by In 2 Adventure in connection with your use of this site of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity in this clause extends to and covers your breach of these terms.
RIGHTS TO USE INFORMATION YOU SEND US
If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.
APPLICABLE LAW
These terms and conditions are covered by the law in force in the State of Queensland, Australia and the parties are to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.
IN 2 ADVENTURE GEAR
Online Store Information & Policies
PAYMENT METHODS
The In 2 Adventure gear store accepts Visa, MasterCard and American Express. Charges on your credit card statement will appear as Allura Pty Ltd.
DELIVERY
Where can my gear be delivered?
Purchases can be made from the In 2 Adventure gear store from within Australia only. The conditions of service of delivery from In 2 Adventure apply to all places within Australia. The following places are within Australia:
• Lord Howe Island NSW 2898 • Australian Antarctic Territory TAS 7151 • Territory of Heard Island and McDonald Islands TAS 7151
The conditions also apply to: • Christmas Island (Indian Ocean) WA 6798 • Cocos (Keeling) Islands WA 6799 • Norfolk Island NSW 2899
How is my gear delivered?
In 2 Adventure utilises Australia Post ECONOMY POST within Australia for all deliveries. Delivery on all orders over $150.00 is FREE OF CHARGE, orders totalling less than $150.00 will be charged $5.00 postage,Event Shirts which will incur a $5 per item delivery charge.
Registered Post
Customers may elect at Checkout to use Registered Post for delivery of their order. Using Registered Post means that the item must be 'signed for' upon delivery. To ensure orders are delivered safely and securely we recommend that you provide a work or other suitable daytime address to ensure your order can be accepted. Please also include a daytime phone number with your shipping details to ensure we can contact you regarding delivery if required.
Express Post
Customers may elect at Checkout to have their order delivered by Australia Post Express Post.
How long does it take for my gear to be delivered?
Standard delivery time is between 14 -28 days from the order being accepted depending on your location and the availability of the item. However, every effort will be made to deliver on or before the 14 days. If your order will not be delivered within the 14-28 day time frame In 2 Adventure will contact you directly and you will be given the option to cancel your order with a full refund or credit given.
REFUNDS & RETURNS
At In 2 Adventure we want you to enjoy your adventure gear as much as we do, and aim to ensure that you are 100% satisfied with every purchase you make. However we ask that you please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong selection. You can choose between a refund, exchange or credit where goods are faulty, wrongly described, different from a sample shown to you or don't do what they are supposed to do.
We realise that sometimes goods may have to be returned – a product may be defective, you may have received the wrong item, or maybe you have just changed your mind. This policy is in addition to your statutory rights under the Trade Practices Act. For more information, please visit the Department of Fair Trading website.
If you are not completely satisfied with a product you have purchased from the In 2 Adventure site you may return or exchange it within 30 days of receipt of your purchase providing the product and its packaging is returned in its original new condition and is accompanied by your In 2 Adventure receipt.
Once your returned items have been received by In 2 Adventure a credit will be made within 14 days of receipt.
REFUND OF RETURN POSTAGE COSTS
If you have received the wrong item or the product purchased is defective the cost of return postage will be refunded within 14 days of receipt. Where you have chosen the incorrect size or changed your mind, the cost of return postage will not be refunded.
DEFECTIVE ITEMS
Defective items must be returned to In 2 Adventure within 30 days of the receipt of your purchase to be eligible for replacement. Items will be repaired, replaced or adjusted according to the manufacturers warranty policy and decision. In the case of items requiring replacement, the item will be replaced with the same item originally purchased. For items that cannot be replaced, a full refund will be offered including return postage costs.
How to request a return for defective items
STEP 1. Please contact us as soon as the problem arises via email at store@in2adventure.com.au stating:
• Your receipt number • The item(s) you wish to return • Your daytime phone number • Your delivery address • Details of the fault/defect.
STEP 2. The In 2 Adventure team may contact you via email or phone to evaluate your request. If applicable a Return Authorisation Number (RA#) and a return address will be provided. The RA# is valid for 14 days so please return the item(s) immediately. In 2 Adventure does not accept any liability for returned items until they have been received by us. Returned items must be posted using registered post. Please ensure the item is packaged securely and appropriately for postage. In 2 Adventure will refund the registered post charges to return defective items to us.
STEP 3. Once the item is received by us and provided the returned item meets our defective criteria, items will be repaired, replaced or adjusted according to the manufacturers warranty policy and decision. In the case of items requiring replacement, the item will be replaced with the same item originally purchased. For items that cannot be replaced, a full refund will be offered including return postage costs.
‘CHANGE OF MIND’ RETURNS
If you change your mind about the product you purchased from In 2 Adventure you are welcome to return the product to us.
For a credit to be issued, the item must be returned to us in its original condition - undamaged and unopened, including the outer packaging. Once the item is returned and assessed, we will provide you with a credit for the product amount only (excludes delivery).
How to request a ‘Change of Mind’ return
STEP 1: Please contact the In 2 Adventure team within 14 days of delivery of the item via email at store@in2adventure.com.au stating: • Your receipt number • The item(s) you wish to return • Your daytime phone number • Your delivery address
STEP 2: The In 2 Adventure team may contact you via email or phone to evaluate your request. If applicable, a Return Authorisation Number (RA#) and a return address will be provided. The RA# is valid for 14 days so please return the item immediately.
STEP 3: Return the item to In 2 Adventure using the address provided. You are responsible for all costs to facilitate the return of the item to us. In 2 Adventure does not accept any liability for returned items until they have been received by us. For high value items, we recommend using an insured and traceable delivery method. Please ensure the item is packaged securely and appropriately for postage.
STEP 4: Please allow 14 days for the return to be processed from receipt of the item. Once the item has been received and assessed, we will provide a refund for the product amount (excludes delivery).
INCORRECT SIZE RETURNS
If you purchase the incorrect size in a product you are welcome to return the product to In 2 Adventure for an exchange or refund.
For an exchange or refund to be issued, the item must be returned to us in its original condition - undamaged and packaging in tact. Once the item is returned and assessed, we will provide you with an exchange of the same product in the required size or a refund of the product amount only (excludes delivery).
How to request an Incorrect Size return
STEP 1: Please contact the In 2 Adventure team within 14 days of delivery of the item via email at store@in2adventure.com.au stating:
• Your receipt number • The item(s) you wish to exchange/return • The replacement size • Your daytime phone number • Your delivery address
STEP 2: The In 2 Adventure team may contact you via email or phone to evaluate your request. If applicable, a Return Authorisation Number (RA#) and a return address will be provided. The RA# is valid for 14 days so please return the item immediately.
STEP 3: Return the item to In 2 Adventure using the address provided. You are responsible for all costs to facilitate the return of an incorrect size item to In 2 Adventure. In 2 Adventure does not accept any liability for returned items until they have been received by us. We recommend using an
insured and traceable delivery method. Please ensure the item is packaged securely and appropriately for postage.
STEP 4: Please allow 14 days for the return to be processed from receipt of the item. Once the item has been received and assessed, we will deliver an exchange of the product or credit your In 2 Adventure account for the product amount (excludes delivery).
GUARANTEES If you are not 100% satisfied with your purchase you may return the item in as new condition within 30 days of the purchase date. The item must be returned in its original condition - undamaged and including the packaging in tact. All products carry the full manufacturer’s guarantee.
WARRANTIES
We offer the full manufacturers warranty on products. If there is a defect in materials or workmanship or some other warranty issue we will gladly expedite repair or replacement of the item within the manufacturer’s specified warranty period and conditions.
TERMS & CONDITIONS
You must read, understand and agree to the terms & conditions relating to this website before entering the site or making a purchase.
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