Terms and Conditions

TERMS AND CONDITIONS FOR GOODS SOLD BY CAT GEAR STUDIO

1) NOTICE OF TERMS AND CONDITIONS

1.1) These Terms and Conditions constitute a legally binding contract between the customer (“you”) and also known as Smithfield Park Enterprises (ABN 50 075 717 618 ) trading as Cat Gear Studio (“Cat Gear Studio ”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from www.catgearstudio.com

1.2) By placing an order for Goods from Cat Gear Studio you agree to these Terms and Conditions.

1.3) Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

2) DEFINITIONS

2.1) In these Terms and Conditions:

a) Account means a personal account created by you on the Website;

b) Additional Delivery Charge” has the meaning given in Section 3.5;

c) Delivery Charge has the meaning given in Section 3.3;

d) Order means an order for Goods, placed on the Website;

e) Password means the password needed to access your Account;

f) Website means www.catgearstudio.com

3) YOUR LEGAL RIGHTS

3.1) Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Cat Gear Studio represents they will be fit for, and that the Goods will correspond with any relevant description.

3.2) Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

4) PRICING & TAXES

4.1) Prices for Goods are as shown on the Website.

4.2) Cat Gear Studio reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Cat Gear Studio.

4.3)In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.

4.4) In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our delivery and fulfilment partners do not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Cat Gear Studio will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Cat Gear Studio will refund your Order.

4.4) Cat Gear Studio is not able to deliver to certain countries. If you live in a country to which Cat Gear Studio is unable to ship Goods, Cat gear Studio will contact you before accepting your Order and discuss the situation with you. If, within the timescale specified, you do not supply the relevant information, Cat Gear Studio will refund your Order.

4.5) By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

4.7) All prices and Delivery Charges, Additional Delivery Charges quoted are in United States dollars and are inclusive of any taxes, if applicable.

4.8) To place an order on the Cat Gear Studio Website, you will need to fill in all the required customer details, either as a Guest, or set up an account.

5) YOUR ACCOUNT

5.1) If you do not already have an Account you will be invited to create one.

5.2) You may not set up an Account for someone else.

5.3) Please ensure that you enter all information carefully when creating an Account. You warrant to Cat Gear Studio that all information provided by you in relation to your Account is complete, true and accurate

5.4) You must notify Cat Gear Studio immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

5.5) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Cat Gear Studio will not be liable to you, or any other person, for any loss, damage, cost or expense suffered, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all, as a direct or indirect result of:

a) Your Account information being incomplete or inaccurate; or

b) any unauthorised use of your Password or Account which takes place before you notify Cat Gear Studio.

5.6) If Cat Gear Studio suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Cat Gear Studio then you must pay Cat Gear Studio the amount of that loss, damage, cost or expense if Cat Gear Studio asks you to.

6) ORDERS

6.1) You can place an Order by following the instructions on the relevant Cat Gear Studio website.

6.2) An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge (if any) as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Cat Gear Studio may accept or reject your offer in its absolute discretion.

6.3) Each Order that you place will, if accepted by Cat Gear Studio, be a separate and binding agreement between you and Cat Gear Studio with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

6.4) If you place an Order for someone else to receive the Goods you must obtain their consent before providing Cat Gear Studio with their personal information and, by placing an Order, you confirm to Cat Gear Studio that you have done this.

6.5) Please ensure that you enter all information carefully when placing an Order. You warrant to Cat Gear Studio that all information provided by you in relation to each Order is complete, true and accurate.

6.6) Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Cat Gear Studio. Cat Gear Studio will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

6.7) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Cat Gear Studio will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Cat Gear Studio, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .

6.8) Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Cat Gear Studio cannot consolidate separate Orders into one delivery.

6.9) Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations.

6.10) The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

6.11) You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

6.12) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Cat Gear Studio will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

7) AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

7.1) When you submit an Order you will receive an Order reference number via e-mail.

7.2) Cat Gear Studio will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Cat Gear Studio when Cat Gear Studio does this, however Cat Gear Studio may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Cat Gear Studio cancels your Order having already processed payment, it will refund payment in accordance with Section 12.1

7.3) When Cat Gear Studio accepts an Order it represents an agreement by Cat Gear Studio to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

7.4) You must pay for Goods by credit card (Visa or Mastercard), or other method as made available on the website or by Cat Gear Studio Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, Cat Gear Studio may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise Cat Gear Studio to deduct the price and the applicable delivery charge(s) from such card.

7.5) Cat Gear Studio reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

7.6) Cat Gear Studio may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:

a) where our fraud detection systems detect possible irregularities;

b) because your financial institution has declined payment; or

c) because your payment card has expired.

7.7) Where this is the case, your Order will be placed on hold and Cat Gear Studio will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with Cat Gear Studio’s requests within the timescale specified, Cat Gear Studio may cancel your Order.

7.8) Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

8) CANCELLATION OF ORDERS

8.1) Cat Gear Studio reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Cat Gear Studio may do this for example, but without limitation, where:

a) Cat Gear Studio’s suppliers are unable to supply Goods that they have previously promised to supply;

b) an event beyond Cat Gear Studio’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Cat Gear Studio is unable to supply the Goods within a reasonable time;

c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

d) you ask Cat Gear Studio to cancel your Order in accordance with section 8.2; or

e) in the circumstances set out in Sections 4.4 or 7.7

8.2) You may cancel your Order where Cat Gear Studio:

a) has breached a material term of this Agreement;

b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.

8.3) Where Cat Gear Studio cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

8.4) In the event of Cat Gear Studio or you cancelling your Order after payment has been processed, Cat Gear Studio will refund any money paid in respect of that Order. Section 12 of these Terms and Conditions sets out further information about refunds.

8.5) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Cat Gear Studio will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9) AVAILABILITY OF GOODS/REFURBISHED STOCK

9.1) Cat Gear Studio will try but cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Cat Gear Studio reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you.

9.2) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Cat Gear Studio will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

10) DELIVERY

10.1) Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

10.2) Where requested, Cat Gear Studio will deliver to PO Boxes if possible, based on Your selected shipping method, and the size of the Goods. Where it is not possible to deliver the Goods to a PO Box and you have input a PO Box as the delivery address when placing your Order, Cat Gear Studio will contact you to arrange an alternative delivery address

10.3) On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.

10.4) If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Cat Gear Studio may charge you a reasonable fee for doing this.

11) DELAY IN AVAILABILITY OR DELIVERY OF GOODS

11.1) You agree and acknowledge that:

a) Cat Gear Studio does not guarantee the delivery or availability of Goods within the timeframes set out in this document, or otherwise specified by Cat Gear Studio or any of its staff;

b) events outside Cat Gear Studio’ control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;

c) delays are particularly likely to occur around Christmas, Easter and public holidays; and

11.2) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Cat Gear Studio nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

12) REFUNDS OF YOUR MONEY

12.1) Where Cat Gear Studio is obliged to refund your payment pursuant to these Terms and Conditions, Cat Gear Studio aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.<

12.2) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Cat Gear Studio will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

13) RETURNS/FAULTY OR DAMAGED GOODS

13.1) You should check your Goods as soon as they are delivered to you in order to ensure that:

a) they are what you ordered; and

b) they are not damaged or faulty.

13.2) If this is not the case you should contact Cat Gear Studio on support ( @ ) catgearstudio.com ( remove spaces ) as soon as possible.

13.3) If you have a problem with any Goods or otherwise wish to return them please refer to Cat Gear Studio’s Returns Policy which forms part of these Terms and Conditions.

13.4) When returning Goods:

a) goods must be shipped back to the returns address listed on the documentation included with your goods

b) please provide Cat Gear Studio with your proof of purchase;

c) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all products in good condition.

d) Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

13.5) You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

14) MORE INFORMATION ABOUT CAT GEAR STUDIO LIABILITY TO YOU

14.1) To the full extent permitted at law, Cat Gear Studio is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

15) PRIVACY

15.1)Cat Gear Studio policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

16) WEBSITE TERMS

16.1) Your use of the Website is governed by the Website Terms of Use, which forms part of these Terms and Conditions.

17) GENERAL

17.1) Cat Gear Studio reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

17.2) Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

17.3) These Terms and Conditions are governed by the laws of the Australian Capital Territory, Australia.