Terms of Sale

Hello customer,

YOU ARE ENCOURAGED TO READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THIS WEBSITE. THE "TERMS OF SALE" THAT FOLLOW APPLY TO YOUR ORDERS PLACED VIA OUR WEBSITE OR THROUGH OUR CUSTOMER SERVICE TEAM. PLEASE NOTE THAT THE "TERMS OF SALE" INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE MILSPEC5 TERMS OF SALE, DO NOT PLACE AN ORDER .

Because you are using the MilSpec5 website www.Milspec5.com.au (the “Website”) or interacting with our social media accounts (“our Social Media”). These Terms of Sale create a legally binding agreement between you and Australian Special Forces Alliance Pty Ltd (MilsSpec5 sponsor and owner company) and its affiliates (which we may refer to as “ASFA”,"MilSpec5", ”SF Q-Store”,“we”, “us” or “our”) regarding Orders placed for Products available on the Website or on our Social Media. Australian Special Forces Alliance Pty Ltd and the Australian registered business MilSpec5, operates Websites, a Magazine publication and has Social Media accounts, and may fulfil your Orders of Products and engage in marketing Products to you. ASFA may revise these Terms of Sale without notice by posting revised Terms of Sale on its Websites. The Terms of Sale posted on the Website at the time you place your order on the Website will govern that purchase. You can determine the date of last revision of these Terms of Sale by consulting the version date at the end of this document. Please read these terms carefully and check that the details of your Order are complete and accurate before submitting your order. If you think that there was a mistake, please contact us at: milspec5@specialforces.org.au. ASFA, MilSpec5 and SF Q-Store Terms of Use and Privacy Policy, are expressly incorporated into their Websites. Please consult these agreements by clicking on the links where they are referenced.

Importantly, these Terms sets out:

When you place an Order online, your Order constitutes an offer to purchase only. Your offer to purchase is not accepted until we send you confirmation of your Order and we send you an email to confirm that your Order has been dispatched.

When an Order may be rejected or cancelled by us (including if there was an error with any description on our Website, Magazine or Social Media or an error in pricing or where the Product is not in stock).

Delivery times are an estimate only.

In the event the Product(s) that you ordered are lost or damaged in transit, we will provide you with a replacement Product or issue a refund subject to prompt notification by you, specifying in reasonable detail the issue(s) and the timely provision of additional information as necessary (for example, photographs of damaged goods).

By placing an Order, you consent to our Privacy Policy. We may collect, use and/or your personal information for our own internal business purposes as set forth in our Privacy Policy which is expressly incorporated by reference herein.

You can return certain Products. For reasons such as hygiene and safety, we cannot accept returns of all Products. Please check to ensure you are satisfied with our Shipping and Delivery Policy and our Returns Policy before placing an Order.

ORDERS

Any Order made through the Website, our customer service team, or other recognised agreeable methods is subject to these Terms of Sale.
Any Order placed through the Website, other ordering system, or through our customer service team for a Product is an offer by you to purchase the particular product at the price indicated (plus GST, and shipping/delivery costs, any other handling charges) at the time you place the Order and in accordance with these Terms of Sale.
No Order shall be deemed to be accepted by us until you receive both of the emails set forth in clause 3.(b) of these Terms of Sale.
It is your responsibility to ensure that the correct email address and contact details are provided when you place your Order.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS YOU OR ANY THIRD PARTY SUFFERS AS A RESULT OF, OR IN CONNECTION WITH, A DELAY OR FAILURE TO PROCESS YOUR ORDER OR DELIVER GOODS DUE TO INACCURATE OR INCOMPLETE DETAILS PROVIDED IN AN ORDER.
To guard against fraud, we reserve the right to verify our customers’ shipping and billing addresses. As part of this verification process, we may contact you or your credit company or issuing bank. If, in our sole judgment, it appears that the Order was placed fraudulently, then we may cancel such Order in whole or in part; contact you to advise of the Order’s cancellation; and/or inform local law enforcement if warranted.
In certain circumstances described in these Terms of Sale, your offer to purchase the Products may be rejected or your Order may be cancelled or partly cancelled.
You acknowledge that all Products purchased under these Terms are for personal use only and not for commercial use or for resale purposes. If we suspect that you are purchasing a Product for purposes other than for personal use, we may reject or cancel your Order.
From time to time, we may restrict the quantity of Products which can be purchased. Any quantity restrictions will be set out on our Website, the relevant product page, the relevant promotional materials or as otherwise advised to you.
Product images that are displayed on our Website are for illustrative purposes only. Due to the many variations in monitors and browsers, colours and shades may appear different on different monitors. Computer monitors are not all calibrated equally and colour reproduction on the Internet is not precise. Since it is not possible to guarantee our online colours will look the same on all computers, we do not guarantee that what you see accurately portrays the colour of the actual Product.

AVAILABILITY OF PRODUCTS

From time to time, your Order may be cancelled by us if the requested Product is not available or if there is an error in the price or description of the Product posted on our Website, Magazine, or social media. If this happens, we will refund the amount paid for the Product(s) affected by the cancellation.
We may also withdraw or suspend any Product from sale either temporarily or permanently at any time without notice. If a Product is withdrawn or suspended after you place your Order but before the Order is shipped, we may cancel your Order in whole or in part. The amount paid for any such withdrawn or suspended Product(s) will be refunded to you using your original payment method.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS THAT YOUR OR ANY THIRD PARTY SUFFERS AS A RESULT OF THE REJECTION OR CANCELLATION OF YOUR ORDER OR THE WITHDRAWAL OR SUSPENSION OF ANY PRODUCT.

ACCEPTANCE OR REJECTION/CANCELLATION OF YOUR ORDER

Each Order that you place online is an offer to purchase. As such, we may reject or cancel your Order in certain circumstances, such as when the Product is not available or if there is an error in the price or description displayed on our Website, Magazine or Social Media.
Each Order that you place is accepted when we:
send you an email confirmation of the Order (although due to the nature of Internet transactions, we cannot guarantee receipt); and
send you an email confirming that the Order has been packed and dispatched; containing a tracking number and link to AUSPOST or other delivery service where the Order can be tracked. Please note that it may take 24 hours or more for the carrier/s to update the tracking information on their respective websites.
Note: If you only receive an email confirming your Order, we can still reject or cancel your Order in accordance with clause 3.(a).
If we reject or cancel your Order, we will endeavour to notify you within a reasonable time. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR THE REJECTION OR CANCELLATION OF ANY ORDER THAT YOU HAVE PLACED. You will not be charged for an Order that has been rejected or cancelled by us.
If you have made a payment for the Order which is subsequently rejected or cancelled by us (either in whole or in part) then:
for an Order rejected or cancelled in whole, we will refund to you the full payment amount, including the shipment/delivery charges, taxes and any other fees and charges, using your original payment method; or
for an Order rejected or cancelled in part, we will refund to you the amount paid for the rejected/cancelled Product(s), using your original payment method.
If we are unable to successfully process your payment using your chosen payment method (including, the applicable debit card, credit card, or other method) for an Order that has been received by us, then we may cancel your Order.
You have the right to cancel any purchase within three (3) hours of placing your Order. You cannot cancel your Order, in whole or in part, after the Order has been dispatched by us. If you wish to return a Product after the Order has been dispatched, please follow our Returns Policy.
We reserve the right to reject an Order affected by a genuine human error or a system error on our Website, magazine, catalogue or social media (for example, if the Website, magazine, catalogue or social media displays an incorrect description, Product image or price).
In the event of such genuine human error or system error, we may reject that part of the Order affected by the error or reject the Order in its entirety. For the Orders rejected in part, we will refund to you the purchase price for the Products affected by the error, and we will fulfil the remainder of your Order.
For the Orders rejected in their entirety, we will cancel your Order and refund your payments using the original payment method.
If we cannot communicate with you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any payments using your original payment method.
Unless expressly stated by us in writing, shipping/delivery charges will not be refunded if you return Products due to your change of mind or because you made an incorrect selection, including if you ordered an incorrect size, colour, etc.
We will process any refunds within a reasonable period of time of us agreeing to accept the return. Refunds will be processed using your original payment method.

SHIPPING AND DELIVERY POLICY

If you place an Order through our Website, or through our customer service team, or other methods we will ship it to the Australian and Norfolk Island address(es) only.
If you place consecutive or separate orders in close time frame, we may attempt to consolidate your Orders however sometimes we cannot consolidate your Orders for shipment purposes. A separate shipping/delivery fee may likely apply to each Order.
All orders ship within one (1) to five (5) business days subject to stock availability. If stock is not available after you have placed your Order, we will contact you to inform you of a delay or cancel the order and process your refund.
Orders placed after 2:00 pm AEST on a Friday or the day before a Public Holiday will be processed on the following normal business day.
For other shipping options and delivery times please visit the MilSpec5 Web page.
We are not responsible to you or any third party for any delay in delivery or late delivery. If we become aware of a potential delay, we will notify you as soon as reasonably practicable.
We are not responsible to you for the theft or loss of Product from the time that it was delivered to your shipping address.

PRICES AND FEES

When you place an Order with us, you agree to pay the purchase price of each Product that is ordered, the applicable shipping/delivery charges, taxes and any other fees and charges that are disclosed to you at the time of your placement of the Order.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
All Product prices and delivery/shipping charges and any other charges and fees on our Website are reflected in Australian dollars (AUD). We reserve the right to alter prices and delivery/shipping charges for any reason at any time before you place your Order.
If you pay for your Order by any of the following payment methods specified below, then fees and charges specific to your chosen payment method may apply to your Order. These include but are not limited to, the organisations and systems listed below:

American Express;
Apple Pay;
Debit cards displaying the Visa or Mastercard logos;
Diners Club;
Google Pay;
Mastercard;
Pay Pal;
Square;
Stripe;
Visa.

DAMAGED PRODUCTS; PRODUCT RECALLS

Upon delivery of your Order, please inspect the packaging for damage. If it appears that the Products inside are damaged, please do not accept the shipment or please immediately contact our store or customer service team.
If a Product is subject to a product recall, we will post a notice on a Product Safety – Recall page of our Website, and otherwise provide notice to you as required by law. You can return recalled products as instructed in the Product Recall notice.

RETURNS AND PRODUCT EXCHANGE

Refer to our Returns Policy for information on Returns and Product Exchange.

PROMOTIONAL OR DISCOUNT CODES

You may receive online offers and promotions from us from time to time. Some offers may include a promotional or discount code (“Code”) for use when placing an Order. It is your responsibility to enter the Code at the time of placing an Order.
The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code.
The Code may be specific to only certain Orders or Products ordered through our Website.
Any Code is non-transferable, cannot be posted on a forum or another website and may not be used in conjunction with other offers.

TITLE TRANSFER AND RISK OF LOSS

The title and risk of loss in the Products you order from us passes to you on the date and at the time of delivery of the Products to your chosen delivery location by the carrier.
Title to the Product(s) will not transfer until full payment has been received.

YOUR PRIVACY; ELECTRONIC COMMUNICATIONS

Before placing any Order, please review our Privacy Policy, which applies to all purchases of Products ordered through our Website our customer service team, or other ordering systems and is expressly incorporated as part of these Terms of Sale.
Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail and by advertising on certain websites and social media) about offers, events and promotions and those communications may relate to brands that we distribute. You agree to continue receiving communications from us until the time that you opt out or unsubscribe.
If you opt out of or unsubscribe from our communications, there may be a slight delay before this is enacted and there most likely still be some messages sent. Also, there may be other messages that we can send as required by law or ongoing legal obligations. These may include, for example, messages relating to product recalls, product safety information, updated product information or forgotten passwords. Opting out of receiving communications or un-subscribing will not affect you receiving these types of messages.

EVENTS OUTSIDE OF OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks, and the consequences of such acts or events (for example, a slowdown in the supply chain due to such events).
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
We will contact you as soon as reasonably possible to notify you; and
Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the Order if an Event Outside Our Control takes place and you no longer wish us to provide the products by contacting us at:

MilSpec5

P.O Box 262

Macarthur Square

NSW AUSTRALIA 2560

Attention: Manager MilSpec5

Website address: www.milspec5.com.au

email milspec5@specialforces.org.au

OTHER IMPORTANT TERMS

ASFA, MilSpec5 AND THE SF Q-STORE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE OR OUR SOCIAL MEDIA (AND RELATED APPLICATIONS), INCLUDING BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS.
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms of Sale. You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.
Consult the MilSpec5 Website Terms of Sale and Privacy Policy, which are incorporated herein this website, and which provide additional terms that are part of the Terms of Sale.

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