ORDER AND FORMATION OF CONTRACT
When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (GST) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (Delivery Fees). Unless otherwise stated all charges are in Australian dollars.
You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.
By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Service immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.
When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (Contract) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(a) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);
(b) we suspect that you might on-sell our products to other consumers;
(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud; or
(d) if there has been an error in the imagery, price or product description on the Site,
(e) if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.
Until the time when we accept your Order, we reserve the right to refuse to process your Order. If we have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the Order.
DELIVERY
We aim to deliver products to you at the place of delivery (Delivery) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times.
Following our receipt of a complete Order, we will use our best endeavours to mail products by the next business day. However, we can’t absolutely guarantee to always perform this action and will, where appropriate, inform you of any substantial delay in this regard.
We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us.
Our delivery partners may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.
By default, you provide authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to us.
If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not accept Delivery within a reasonable period or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or
(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).
Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
All risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
You warrant that you will take care when opening the product so as not to damage it (particularly when using any sharp instruments).
FLAT RATE SHIPPING
We offer a flat rate of $11 for domestic Austrlian shipping via Australia post up to a maximum of 8kgs. We offer a flat rate of $22 for international shipping to New Zealand to a maximum of 4kgs. This weight is measured via cubic volume not gross volume. Orders greater than this may incur additional fees. We will endeavour to contact you as soon as possible via email if affitional payment is needed. Product weights and dimensions recoded on the site are general only and may not be reflective of the true weight of products. Weights and dimensions for preorder products in particular are only placeholders. Customers should contact us via email for clarificaiton when required.
Where mutiple orders are placed we may elect to combine these orders into a single shipment. This is no way suggests excess postage will be refunded. Where possible we will refund this ammount as a courtesy to you provided said orders have not been packed or shipped. Where products are capped at one item per order no excess postage will be refunded - this is to prevent fraudulent orders and reselling of limited availbility items. Customers should contact us ahead of placing multiple orders if unsure about these terms and conditions.
CANCELLATION
We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.
Once an Order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy.
No change of mind cancellations will be accepted on the basis of combined shipping.
FAULTY PRODUCT RETURNS
If you have received a product that is damaged or not fit for purpose, then please contact us as soon as possible so we can assist in resolving the problem soon as reasonably practicable.
In order to assist us, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.
If the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, as appropriate. If the product is found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.
It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
CHANGE OF MIND RETURNS
We do not allow or accept change of mind returns.
DISCLAIMER AND LIABILITY
This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these Terms or the entering into or performance of these Terms.
Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:
(a) fraud;
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied or guaranteed by law (including the consumer guarantees under Australian Consumer Law; or
(d) any other Liability which cannot be excluded or limited by applicable law.
In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
INDEMNITY
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern War for Less’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘War for Less’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is PO Box 60, KOGARAH, NSW, 1485, AU. Our ABN is . The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
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