Terms and Conditions

1. In General

In these Terms of Service “we”, “us”, “our” or “3 Peaks Outdoor Gear Pty Ltd” means 3 Peaks Outdoor Gear Pty Ltd. Access to and use of this Website and the goods and services available through this Website(collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website. This Website also contains links to other websites, which are not operated by 3 Peaks Outdoor Gear Pty Ltd (the “Linked Sites”). 3 Peaks Outdoor Gear Pty Ltd has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

2. Privacy Policy

Our privacy policy, which sets out how we will use your personal information, can be found at Privacy & Data Policy. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate.

3. Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.3 Peaks Outdoor Gear Pty Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it

4. Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of 3 Peaks Outdoor Gear Pty Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by 3 Peaks Outdoor Gear Pty Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or other wise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by 3 Peaks Outdoor Gear Pty Ltd or its licensors.

5. Registration

Where you register for any area of this Website, the following terms and conditions apply.

You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.

3 Peaks Outdoor Gear Pty Ltd reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.

If you use multiple accounts for the purpose of disrupting the 3 Peaks Outdoor Gear Pty Ltd Blogs you may have action taken against all of your accounts.

If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, some one else who uses that computer after you may be able to access your 3 Peaks Outdoor Gear Pty Ltd account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.

Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that some one else with access to your device may be able to access your 3 Peaks Outdoor Gear Pty Ltd account(s). You should protect the device with a password, and if your device is lost or stolen, user emote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your3 Peaks Outdoor Gear Pty Ltd account(s).

6. 3 Peaks Outdoor Gear Pty Ltd Blogs

i. Submission of material
You own all of the content and information you post on the Blogs section (3 Peaks Outdoor Gear Pty Ltd Blogs) of the Website, and you can control how it is shared through your privacy settings. In addition:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with 3 Peaks Outdoor Gear Pty Ltd (IP License). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances 3 Peaks Outdoor Gear Pty Ltd may also share your contribution with trusted third parties.

This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. You also acknowledge that3 Peaks Outdoor Gear Pty Ltd is not obliged to publish any material submitted by you on any3 Peaks Outdoor Gear Pty Ltd publication.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.

When you publish content or information using the “Public” setting, it means that you are allow in every one, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery addressor email address or any other details that would allow you to be personally identified).

We always appreciate your feedback or other suggestions about 3 Peaks Outdoor Gear Pty Ltd, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

If you do not want to grant 3 Peaks Outdoor Gear Pty Ltd the permission set out above on these terms, please do not submit or share your contribution on the3 Peaks Outdoor Gear Pty Ltd Blogs areas.

ii. Failure to comply

If you fail to abide by the Terms & Conditions you may be sent an email which informs you why any contribution you have made has been refused or edited. This email will also include a warning that continuing to break the Terms & Conditions may result in action being taken against your account or accounts.

This action may include any content posted by you being checked before it is allowed to go on the Website or a temporary or permanent suspension of your ability to participate in any or all areas of 3 Peaks Outdoor Gear Pty Ltd.

3 Peaks Outdoor Gear Pty Ltd reserves the right to delete any contribution, or take action against any 3 Peaks Outdoor Gear Pty Ltd account, at any time, for any reason.

If you do not want to grant 3 Peaks Outdoor Gear Pty Ltd the permission set out above on these terms, please do not submit or share your contribution on the 3 Peaks Outdoor Gear Pty Ltd Blogs.

7. Terms of Sale

By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with 3 Peaks Outdoor Gear Pty Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. 3 Peaks Outdoor Gear Pty Ltd retains the right to refuse any order made by you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.

a. Our Contract

When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order. 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 will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.

b. Pricing and Availability

Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.

c. Discount Codes

Account discount codes–Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Promotional discount codes–We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. Any further conditions of use relating to any discount code will be specified at the time of issue. These T&Cs relate to all 3 Peaks Outdoor Gear Pty Ltd promotions, competitions and discount codes (unless otherwise stated).

Only one promotion code can be used per order Maximum pre-discount spend limit of $200 applies per order Selected product exclusions may apply A promotion code can’t be used after an order has been placed.

d. Returns and Collections

Change of Mind & Refunds Not a problem. Contact us at: mail@3peaks.com.au and we will provide you with our address. On return of the items we will refund back the full amount (minus postage costs).

e. Exchanges

Not a problem. Contact us at: mail@3peaks.com.au and let us know what you would like to exchange. We will provide you with our address. On return of the goods we will send to you your requested exchange items, please note you will have to pay a $10 fee for postage.

Faulty or damaged goods on arrival For any goods received that are faulty or damaged on arrival, please notify us within 10 days. You will need to contact us @ mail@3peaks.com.au & attach an image and description of the fault or damage. We will check and approve the return and inform you of the steps needed to either replace, exchange or refund you for your goods.

8. Disclaimer of Liability

All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.

Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which can not lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

In particular our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot bee excluded (a “Non-Excludable Provision”), and 3 Peaks Outdoor Gear Pty Ltd is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of3 Peaks Outdoor Gear Pty Ltd for breach of the Non-Excludable Provision is limited to one or more of the following at3 Peaks Outdoor Gear Pty Ltd’ option:

In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. Subject to“3 Peaks Outdoor Gear Pty Ltd’ obligations under the Non-Excludable Provisions and to the maximum extent permitted by law,3 Peaks Outdoor Gear Pty Ltd is not liable for, and no measure of damages will, under any circumstances, include:

Special, indirect, consequential, incidental or punitive damages; or Damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, Whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

9. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

10. Disclaimer as to ownership of trade marks,

images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with 3 Peaks Outdoor Gear Pty Ltd and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to 3 Peaks Outdoor Gear Pty Ltd.

11. Indemnity

You agree to indemnify, defend and hold harmless 3 Peaks Outdoor Gear Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

12. Variation

3 Peaks Outdoor Gear Pty Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

13. Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted bylaw.

14. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

15. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of3 Peaks Outdoor Gear Pty Ltd.

16. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and 3 Peaks Outdoor Gear Pty Ltd.