Terms and Conditions
Terms and Conditions
Article 1: Scope of application
1. Goods and Services offered by StriderBering and its affiliates, referred to below as the vendor, shall be provided exclusively on the basis of the following general terms and conditions of business.
2. Any general terms and conditions of business of the ordering party inconsistent with the general terms and conditions of the vendor, StriderBering, shall be inapplicable unless these are explicitly agreed to by the vendor.
Article 2: Conclusion of contract
1. The vendor’s offers represent a non-binding invitation to the customer to order goods and services. The vendor considers the customer to have made a binding offer for the conclusion of a contract when the customer sends an order to the vendor’s website.
2. Confirmation of receipt of the order occurs immediately after the order is sent but does not represent acceptance of the contract. The vendor is entitled to accept your order by sending a confirmation of acceptance of order within 2 working days.
Article 3: Retention of title
1. The vendor retains title to the goods or services delivered until full payment of the purchase price has been received.
Article 4: Payment and Prices
1. The prices listed on the vendor website at the time of ordering shall apply.
2. All prices are in Australian dollars except where otherwise indicated.
3. Purchase of titles within Australia are inclusive of GST.
4. Shipments from Australia include Australian Goods and Services Tax plus any order and delivery charges.
5. Titles shipped from outside Australia include any order and delivery charges but exclude Australian Goods and Services Tax.
Article 5: Delivery
Delivery period and order tracking
1. Orders received on weekdays before 1.00pm (AEST) are generally dispatched on the same evening and orders received after 1.00pm (AEST) are dispatched on the following working day, weekends and holidays excluded.
2. The commencement of delivery time at the specification of the vendor shall be subject to the timely and correct specification of the delivery address within the context of the order.
3. If the vendor is unable to make delivery through no fault of its own and because supplier(s) to the vendor have not fulfilled their contractual obligations, the customer will be informed the goods or services are not available. Any payments made by the customer to the vendor will be reimbursed as soon as is practicable. The statutory rights of the customer will remain unaffected.
4. In the case of companies, the risk of deterioration or loss of the goods or services shall be transferred to the Ordering Party on transfer of the delivery item to the transport company. If handover or dispatch is delayed due to the Ordering Party, the risk shall be transferred to the Ordering Party on the date of notification of readiness for dispatch of the delivery item.
5. For Delivery to an Australian Address:
5.1. Standard options available: Australia Post
Delivery (Tracked) by Australia Post
2-10 days after dispatch from StriderBering (1)
StarTrack Express (Tracked) by Australia Post)
1-2 days after dispatch from StriderBering (2)
https://auspost.com.au/business/shipping/check-postage-costs?#downloadable
5.2. Other options available: by (customer-nominated) courier.
(1), (2) Approximate delivery times after dispatch based on business days, holidays and weekends excepted.
Article 6: Default of Payment, Cancellation of order
1. If the Ordering Party defaults on payment the vendor shall be entitled to demand five percent interest for late payment. In the event of the vendor claiming for higher default compensation, the Ordering Party shall be given the opportunity to demonstrate the damage default for which compensation is claimed either did not occur or that at least the sum was substantially lower.
2. Due to oversight or error, incorrect pricing or information, the vendor reserves the right to cancel any order and where applicable to credit the customer’s credit card account or through similar due process with the amount charged.
Article 7: Disclaimer
1. The vendor accepts no responsibility for any loss or damage suffered by customers, however caused, in connection with their use of or connection with the vendor’s websites, goods and or services.
2. Liability will not be accepted for any losses, indirect or consequential, in contract, tort, under any statute, or otherwise arising from use or connection with the vendor’s websites, goods and or services.
3. Any warranty or condition implied by these terms and conditions are excluded to the extent permitted by law. Where legislation voids or prohibits the vendor from modifying or excluding terms implied by any condition or warranty then that term will be included in these terms and conditions.
4. This disclaimer does not intend to limit or exclude any liability that cannot be lawfully excluded.
Article 8: Warranty
The vendor’s goods and services are offered and supplied under Australian Consumer Law. Customers are entitled to a replacement or refund for major failure and compensation for any other reasonably foreseeable damage or loss. Customers are also entitled to have goods repaired or replaced if they fail to be of an acceptable quality and such failing does not amount to major failure.
The vendor’s liability to the customer in respect of goods and services purchased by the customer from the vendor’s sites is limited by the vendor to one or more of the following:
These benefits under the warranty are additional to those rights and remedies that the customer may have under law in regard to the goods and or services under warranty. The above warranty is given by StriderBering of Brisbane, QLD 4000. The vendor or its representative may be contacted by email at striderbering@yahoo.com.
To claim against the above warranty an email must be sent to striderbering@yahoo.com and contain:
Warranty claims are to be made as soon as is practicable after receiving the goods or services. The customer’s claim will be investigated within a reasonable period of time after having received an email that complies with the above requirements. The customer may be required to send additional information and to return the goods to the vendor in a replied paid address provided by the vendor. Any reasonable costs incurred by the customer in claiming against this warranty will be reimbursed by the vendor.
Article 9: Indemnity
1. The customer agrees to use the products and services including websites for lawful purposes only. The customer agrees to indemnify and defend the innocence of the vendor, its partners, affiliates and contributors, including their respective directors, managers, officers, employees and agents against all and any actions, demands, claims, damages, costs, liabilities, expenses and losses arising from the customer’s use and or misuse and or breach of its terms and conditions relating to the vendors goods and services offered in good faith.
Article 10: Limitation of Liability
1. The vendor accepts no liability for any loss, injury, or damages of any kind incurred by the customer whether based on product or service liability, tort including negligence, breach of contract or otherwise resulting from the customer accessing or using the sites, products and services of the vendor.
2. The customer hereby waives any and all such claims against the vendor and its partners, affiliates, and contributors.
3. Notwithstanding the restrictions placed on this limitation of liabilities by relevant state statutes, the customer agrees these limitations are integral elements of any agreement entered into with the vendor and that the goods and services provided absent these limitations and all such limitations.
Article 11: Copyright and Trade Marks
1. All rights are reserved by the website as permitted by the Copyright Act 1968.
2. No trade marks, company names or business names other than those created by and associated with StriderBering and its affiliate brands are used to confuse, mislead or deceive the public and potential customers.
Article 12: Data Protection
1. The vendor handles customer personal data confidentially and in accordance with State and Federal statutory data protection regulations.
2. Personal data is not disclosed without the customer’s explicit written consent or only when necessary for handling a customer’s contract, as with companies that handle delivery of customer goods or services.
3. Personal data given when setting up a customer account and used in the ordering process are SSL encrypted. Debit and Credit Card details are collected, processed and encrypted by the vendor’s online payment providers. The vendor does not store any debit and credit card details.
4. Be aware that no data transmitted over the internet can be guaranteed by anyone as totally secure. Accordingly, such transmission is sent at the risk of the customer. Once received, in the interests of our customers and to meet legal requirements the vendor takes all reasonable steps to keep such information secure.
Article 13: Access to Site and Website Links
1. Due to any unauthorized access, illegal misuse, irregular use or similar of its websites, the vendor reserves the right to terminate a user’s access to its sites and to delete said user’s account without notice.
2. The vendor accepts no responsibility or liability for content and privacy practices on any linked websites. Nor does the vendor recommend, approve or endorse their content, their owners or operators, or their use by its customers. Customers agree their linking to other websites is solely at their own risk.
Article 14: Applicable Law, Jurisdiction
1. All business contract transactions between the vendor and customer are subject to relevant laws of the State of Queensland and Australian Federal Government.
2. These terms and conditions are governed by the laws of the State of Queensland.
3. The customer agrees to submit to the exclusive jurisdiction of the Courts of Queensland.
Article 15: Closing Provision
1. Headings used in these Terms and Conditions do not affect their interpretation.
2. If any of these Terms and Conditions are held to be illegal, unenforceable or invalid for any reason, the remaining Terms and Conditions remain in force.
3. The non-exercise or delay in performance of a right under these Terms and Conditions does not represent a waiver. If the vendor waives any rights available to it under these Terms and Conditions on one occasion that does not imply those rights will be automatically waived on any future occasion.
4. The vendor accepts no liability for its failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its control.
Article 1: Scope of application
1. Goods and Services offered by StriderBering and its affiliates, referred to below as the vendor, shall be provided exclusively on the basis of the following general terms and conditions of business.
2. Any general terms and conditions of business of the ordering party inconsistent with the general terms and conditions of the vendor, StriderBering, shall be inapplicable unless these are explicitly agreed to by the vendor.
Article 2: Conclusion of contract
1. The vendor’s offers represent a non-binding invitation to the customer to order goods and services. The vendor considers the customer to have made a binding offer for the conclusion of a contract when the customer sends an order to the vendor’s website.
2. Confirmation of receipt of the order occurs immediately after the order is sent but does not represent acceptance of the contract. The vendor is entitled to accept your order by sending a confirmation of acceptance of order within 2 working days.
Article 3: Retention of title
1. The vendor retains title to the goods or services delivered until full payment of the purchase price has been received.
Article 4: Payment and Prices
1. The prices listed on the vendor website at the time of ordering shall apply.
2. All prices are in Australian dollars except where otherwise indicated.
3. Purchase of titles within Australia are inclusive of GST.
4. Shipments from Australia include Australian Goods and Services Tax plus any order and delivery charges.
5. Titles shipped from outside Australia include any order and delivery charges but exclude Australian Goods and Services Tax.
Article 5: Delivery
Delivery period and order tracking
1. Orders received on weekdays before 1.00pm (AEST) are generally dispatched on the same evening and orders received after 1.00pm (AEST) are dispatched on the following working day, weekends and holidays excluded.
2. The commencement of delivery time at the specification of the vendor shall be subject to the timely and correct specification of the delivery address within the context of the order.
3. If the vendor is unable to make delivery through no fault of its own and because supplier(s) to the vendor have not fulfilled their contractual obligations, the customer will be informed the goods or services are not available. Any payments made by the customer to the vendor will be reimbursed as soon as is practicable. The statutory rights of the customer will remain unaffected.
4. In the case of companies, the risk of deterioration or loss of the goods or services shall be transferred to the Ordering Party on transfer of the delivery item to the transport company. If handover or dispatch is delayed due to the Ordering Party, the risk shall be transferred to the Ordering Party on the date of notification of readiness for dispatch of the delivery item.
5. For Delivery to an Australian Address:
5.1. Standard options available: Australia Post
Delivery (Tracked) by Australia Post
2-10 days after dispatch from StriderBering (1)
StarTrack Express (Tracked) by Australia Post)
1-2 days after dispatch from StriderBering (2)
https://auspost.com.au/business/shipping/check-postage-costs?#downloadable
5.2. Other options available: by (customer-nominated) courier.
(1), (2) Approximate delivery times after dispatch based on business days, holidays and weekends excepted.
Article 6: Default of Payment, Cancellation of order
1. If the Ordering Party defaults on payment the vendor shall be entitled to demand five percent interest for late payment. In the event of the vendor claiming for higher default compensation, the Ordering Party shall be given the opportunity to demonstrate the damage default for which compensation is claimed either did not occur or that at least the sum was substantially lower.
2. Due to oversight or error, incorrect pricing or information, the vendor reserves the right to cancel any order and where applicable to credit the customer’s credit card account or through similar due process with the amount charged.
Article 7: Disclaimer
1. The vendor accepts no responsibility for any loss or damage suffered by customers, however caused, in connection with their use of or connection with the vendor’s websites, goods and or services.
2. Liability will not be accepted for any losses, indirect or consequential, in contract, tort, under any statute, or otherwise arising from use or connection with the vendor’s websites, goods and or services.
3. Any warranty or condition implied by these terms and conditions are excluded to the extent permitted by law. Where legislation voids or prohibits the vendor from modifying or excluding terms implied by any condition or warranty then that term will be included in these terms and conditions.
4. This disclaimer does not intend to limit or exclude any liability that cannot be lawfully excluded.
Article 8: Warranty
The vendor’s goods and services are offered and supplied under Australian Consumer Law. Customers are entitled to a replacement or refund for major failure and compensation for any other reasonably foreseeable damage or loss. Customers are also entitled to have goods repaired or replaced if they fail to be of an acceptable quality and such failing does not amount to major failure.
The vendor’s liability to the customer in respect of goods and services purchased by the customer from the vendor’s sites is limited by the vendor to one or more of the following:
- for goods:
- replacement of the goods;
- supply of equivalent goods;
- repair of the goods;
- payment of the cost of replacing the goods or goods of equivalent value; or
- payment of the cost of having the goods repaired.
- for services:
- resupply of the services;
- payment of the cost of resupply of the services.
These benefits under the warranty are additional to those rights and remedies that the customer may have under law in regard to the goods and or services under warranty. The above warranty is given by StriderBering of Brisbane, QLD 4000. The vendor or its representative may be contacted by email at striderbering@yahoo.com.
To claim against the above warranty an email must be sent to striderbering@yahoo.com and contain:
- details of goods purchased
- date of purchase
- receipt or transaction number of the purchase
- customer’s complaint
- what the customer believes will resolve the complaint
Warranty claims are to be made as soon as is practicable after receiving the goods or services. The customer’s claim will be investigated within a reasonable period of time after having received an email that complies with the above requirements. The customer may be required to send additional information and to return the goods to the vendor in a replied paid address provided by the vendor. Any reasonable costs incurred by the customer in claiming against this warranty will be reimbursed by the vendor.
Article 9: Indemnity
1. The customer agrees to use the products and services including websites for lawful purposes only. The customer agrees to indemnify and defend the innocence of the vendor, its partners, affiliates and contributors, including their respective directors, managers, officers, employees and agents against all and any actions, demands, claims, damages, costs, liabilities, expenses and losses arising from the customer’s use and or misuse and or breach of its terms and conditions relating to the vendors goods and services offered in good faith.
Article 10: Limitation of Liability
1. The vendor accepts no liability for any loss, injury, or damages of any kind incurred by the customer whether based on product or service liability, tort including negligence, breach of contract or otherwise resulting from the customer accessing or using the sites, products and services of the vendor.
2. The customer hereby waives any and all such claims against the vendor and its partners, affiliates, and contributors.
3. Notwithstanding the restrictions placed on this limitation of liabilities by relevant state statutes, the customer agrees these limitations are integral elements of any agreement entered into with the vendor and that the goods and services provided absent these limitations and all such limitations.
Article 11: Copyright and Trade Marks
1. All rights are reserved by the website as permitted by the Copyright Act 1968.
2. No trade marks, company names or business names other than those created by and associated with StriderBering and its affiliate brands are used to confuse, mislead or deceive the public and potential customers.
Article 12: Data Protection
1. The vendor handles customer personal data confidentially and in accordance with State and Federal statutory data protection regulations.
2. Personal data is not disclosed without the customer’s explicit written consent or only when necessary for handling a customer’s contract, as with companies that handle delivery of customer goods or services.
3. Personal data given when setting up a customer account and used in the ordering process are SSL encrypted. Debit and Credit Card details are collected, processed and encrypted by the vendor’s online payment providers. The vendor does not store any debit and credit card details.
4. Be aware that no data transmitted over the internet can be guaranteed by anyone as totally secure. Accordingly, such transmission is sent at the risk of the customer. Once received, in the interests of our customers and to meet legal requirements the vendor takes all reasonable steps to keep such information secure.
Article 13: Access to Site and Website Links
1. Due to any unauthorized access, illegal misuse, irregular use or similar of its websites, the vendor reserves the right to terminate a user’s access to its sites and to delete said user’s account without notice.
2. The vendor accepts no responsibility or liability for content and privacy practices on any linked websites. Nor does the vendor recommend, approve or endorse their content, their owners or operators, or their use by its customers. Customers agree their linking to other websites is solely at their own risk.
Article 14: Applicable Law, Jurisdiction
1. All business contract transactions between the vendor and customer are subject to relevant laws of the State of Queensland and Australian Federal Government.
2. These terms and conditions are governed by the laws of the State of Queensland.
3. The customer agrees to submit to the exclusive jurisdiction of the Courts of Queensland.
Article 15: Closing Provision
1. Headings used in these Terms and Conditions do not affect their interpretation.
2. If any of these Terms and Conditions are held to be illegal, unenforceable or invalid for any reason, the remaining Terms and Conditions remain in force.
3. The non-exercise or delay in performance of a right under these Terms and Conditions does not represent a waiver. If the vendor waives any rights available to it under these Terms and Conditions on one occasion that does not imply those rights will be automatically waived on any future occasion.
4. The vendor accepts no liability for its failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its control.
