Terms of Trade
1. Definitions and Application
1.1 In these Terms of Trade:
(a) TACTICA or us means Tacticagear Pty Ltd ACN 619 503 758 trading as TACTICA;
(b) You means the organisation or individual who is ordering product on the website; and
(c) Products means the TACTICA products which may be ordered on the website.
1.2 Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.
2. Acceptance of the Terms of Trade
2.1 These Terms of Trade will govern the contractual relationship between any individual who uses, or purchases Products from, the https://www.tacticagear.com website.
3. Amendment to the Terms of Trade
3.1 TACTICA has the right to amend these Terms of Trade from time to time. Any amendments to these Terms of Trade will be applicable to any order registered after the amended Terms of Trade have been published on our website.
4.1 For our typical delivery times and the applicable shipping fees, please refer to: [insert link to Delivery FAQ page].
4.2 If your order is to be delivered to an Australian address, we will send your order by courier for delivery to a street address and by Australia Post for delivery to a PO Box. For deliveries to addresses outside of Australia, we will send your order by registered mail.
4.3 You will be required to sign for all deliveries made by registered mail and couriers.
4.4 TACTICA is currently unable to support time slot delivery.
5.1 TACTICA reserves the right to refuse any order. In such cases, TACTICA will notify you as soon as reasonably practicable and will refund to you in full any payment that has been processed.
5.2 All Products ordered must be for personal use and gifting only. You must not resell the Products in any form or at any place. TACTICA reserves the right to take legal action against any unauthorised and unofficial sale of the Products. [If you wish to enquire about our wholesale program or want to be one of our official retailers, please contact us on: [insert email address / website link].
6. Prices and Payment
6.1 All prices on the website are in US dollars. Prices are subject to change without notice.
6.2 The amount payable to TACTICA for an order (Order Amount) will be the total of the following amounts:
(a) the sum of the price of each Product ordered as indicated on the website at the time of submitting the order (Product Subtotal); and
(b) the cost of delivery (charged to us by our delivery providers).
6.3 You must pay the Order Amount by credit card at the time of submitting the order. TACTICA accepts Visa, Mastercard, or American Express.
6.4 Where the order is to be delivered to an address outside of Australia, you may need to pay import duties, taxes and charges in addition to the Order Amount. These charges are your responsibility. Please check with your country’s customs office to determine what these additional costs will be prior to placing your order.
7.1 Without limiting TACTICA's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, TACTICA reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:
(a) withhold the supply of, and dispose of, the Products requested in order; and/or
(b) refuse to deal further with you, and TACTICA will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
7.2 Subject to clause8.2and to the fullest extent permitted by law, the Products are sold to you and information is supplied to you on the understanding that you have the sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.
7.3 Subject to clause 8 and to the fullest extent permitted by law, TACTICA will not be liable in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products or the failure of TACTICA to comply with these Terms of Trade.
7.4 For customers in Australia, where any of the consumer guarantees under the Competition and Consumer Act (CCA) apply to any Product supplied by TACTICA to you, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees then, to the fullest extent permitted by law, the liability of TACTICA under or arising out of the supply of the Products for breach of, or failure to comply with, any such consumer guarantees is limited, at the option of TACTICA, to:
(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; or
(d) the payment of the cost of having the goods repaired.
7.5 For customers in countries other than Australia, the liability of TACTICA under or arising out of the supply of the Products is limited to the fullest extent permitted by law, including any applicable consumer legislation.
8. No Warranty
8.1 Subject to the following clauses and to the fullest extent permitted by law, TACTICA gives no warranty in respect of the Products. [Note: if you intend to provide a manufacturer’s warranty, further details will need to be inserted here.]
8.2 For consumers, the Products come with non-excludable consumer guarantees under consumer protection legislation, including the following: that TACTICA is the rightful owner of the Products, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description of the Products on the website or any samples provided to you. If TACTICA breaches any of these non-excludable consumer guarantees then you are entitled, at your option, to a refund or replacement of the relevant Products and to compensation for any reasonably foreseeable loss.
9. Refunds and Returns
9.1 If you make an error when ordering online, TACTICA will gladly exchange your item for the item you intended to purchase. The returned item must be unopened and in its original saleable condition.
9.2 You are responsible for the shipping costs incurred when sending the items purchased in error back to TACTICA.
9.3 If an item is damaged while it is being shipped to you by us, TACTICA will provide you with a full refund or exchange. Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment.
9.4 In all cases, original proof of purchase must be provided and products must be returned within 14 days of receipt for TACTICA to process any refund or exchange. Please notify us in advance of your intention to return or exchange a product, by telephoning [insert telephone number] or emailing [insert email address], so that our TACTICA staff can assist you.
9.5 Please retain your postal receipt from the provider until you are certain that your parcel has been safely received by TACTICA. We may need to see this if we fail to receive your package.
9.6 We will do our best to process returns within 5 business days of receipt.
10. Force Majeure
If TACTICA is delayed or hindered in or prevented from performing any of its obligations under any order by reason of any event or circumstance beyond our reasonable control, TACTICA will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
11.1 In respect of orders to be delivered in Australia, where TACTICA makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade,the prices displayed on our website will be inclusive of GST.
11.2 In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the GST Legislation. 'GST Legislation' means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST Legislation.
12. Personal information
13.1 If any provision of these Terms of Trade is found by a court of competent jurisdiction to be invalid, such provision will be severed and the remaining terms will be unaffected (in this instance the parties must use reasonable endeavours to negotiate a suitable substitute provision).
13.3 TACTICA may transfer its rights and obligations under these Terms of Trade to another organisation without notice.
13.4 These Terms of Trade are between you and TACTICA(or its assignees if applicable). No other person has any rights to enforce any of the terms of these Terms of Trade.
13.5 If you breach these Terms of Trade and TACTICA takes no action, this does not mean that TACTICA has waived its rights against you. You will still have to comply with these Terms of Trade. Any waiver must be agreed by TACTICA in writing.
Orders and these Terms of Trade will be governed by the law applying in the State of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to determine appeals from those courts with respect to any proceedings that may be brought at any time in relation to these Terms of Trade.