Terms and conditions

Ausmerican Aces – TERMS & CONDITIONS INTRODUCTION The following terms and conditions are applicable to all orders placed by you (the “Customer”) for any purchase order to Ausmerican Aceseyewear.com.au (“Ausmerican Aces”) and may not be amended in any way shape or form by the Customer. Please read these terms and conditions carefully before purchasing any product. Please note that any reference to "we", "us" or "our" are references to Ausmerican Aces and any references made to "you" or "your" are references to the Customer. Ausmerican Aces reserves the right to change or alter this site and these terms from time to time at its sole discretion. ORDERS AND PAYMENT Any product you order from Ausmerican Aces is an offer by you to purchase the relevant product for the listed price on the website (including GST). All products will be supplied new and payments by you must be in advance of receipt of any products. Ausmerican Aces reserves the right after receipt of your order to accept or decline your order for any reason prior to delivery. Your receipt of payment or order acceptance notification does not constitute or confirm our acceptance of your order and risk and title of the product shall only pass to you when the item is delivered. DELIVERY Any timeframes quoted for product delivery are estimates only. Ausmerican Aces will not be held liable for any delay in delivery. -Delivery will be made by post whereby a carrier service will deliver the product to your nominated address. -If there is a failure to deliver the product within fifteen (15) days you will be notified via email of the change in delivery times whereby you will have the option of cancelling your order. -If there is an error whereby the delivered product(s) do not match your order you will have twenty four (24) hours to notify Ausmerican Aces including the relevant details such as invoice/order number, the product(s) ordered and the error. In this instance Ausmerican Aces will rectify valid errors within the specified period. SHIPPING Orders are generally dispatched within twenty-four (24) to forty-eight (48) Hours, Monday to Friday. Orders within Australia will be free of charge. An express shipping option will be available at the standard Australia Post fees. For standard shipping times, order tracking, and more information, please go to our ‘Shipping’ tab on the website or visit the Australia Post website. CANCELLATION BY Ausmerican Aces If any of our products are listed at an incorrect price or with incorrect information at the time of sale, Ausmerican Aces reserves the right to cancel that sale. If your payment has already been received via debit or credit card we will refund your debit or credit card for the full amount within a reasonable time of becoming aware of the problem. In this case, we will notify you immediately. CANCELLATION BY YOU Ausmerican Aces does not take any responsibility for any delivered product(s) that are not used for their intended purpose or for any product that has been mistreated due to wear and tear by you after delivery. Ausmerican Aces will only reimburse the Customer if: (A) the product is faulty; (B) the product does not match what the Customer ordered; or (C) the Customer changes their mind on a particular product. Please note we will not cover any shipping costs or taxes, and the Customer will only have ten (10) days to return a product in this instance – for more information visit the ‘Warranty and Returns’ section of the website. If you have purchased any product(s) in a promotional deal and received any complimentary product(s) free of charge (Promotional Products) and wish to receive a refund on the product(s) in accordance with clause 6(b) above, you must also return the Promotional Product to receive such a refund. If you are returning a product after delivery, please ensure it is in the original condition with all tags in its original case to receive the benefit of such return. We will send you a notification email once we have received your returned item. All orders will be deemed final after the 10 days unless the item is faulty. TAX All orders within Australia are subject to the Australian GST (10%) tax rate. The Customer acknowledges they are aware and responsible for the payment of any fees, taxes, duties, and relevant laws in the country the order is delivered. WARRANTY Ausmerican Aces products are guaranteed against any faults or defects in material and workmanship for a twelve (12) month period from the purchase date. Ausmerican Aces, at its sole discretion, may decide to repair or replace a faulty or defective product. Notwithstanding any other provision of these terms and conditions, Ausmerican Aces will have no obligation to make repairs, refunds, or replacements as the result of general wear and tear, accident, force majeure events, heat damage, misuse, or negligence by the Customer. Please be aware that any alterations made to the item will void Customer warranty, and any repair or warranty claim will be at the complete discretion of Ausmerican Aces. Ausmerican Aces does not make any warranty as to the results that may be obtained from the use of products purchased by the Customer. The products purchased from Ausmerican Aces are provided "as is," and therefore: (A) Ausmerican Aces disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement; and (B) the Customer has relied on its own judgment on the suitability of the products purchased for their intended purpose. In this case, the Customer shall hold Ausmerican Aces harmless from any liability against any claim or demands the Customer may have against Ausmerican Aces. LIMITATION OF LIABILITY Neither Ausmerican Aces nor its suppliers, affiliates, directors, officers, representatives, contractors, and/or employees shall be held responsible or liable for any matter relating to or in connection with this agreement or sale of goods and/or products under any contract, negligence, tort, or otherwise: (A) for any indirect, exemplary, incidental, special, or consequential damages; (B) for any matter beyond Ausmerican Aces' reasonable control; or (C) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by the Customer to Ausmerican Aces for the sale of goods under this agreement. The total aggregate liability will be limited to 100% of the purchase price of the product. INTELLECTUAL PROPERTY All material contained on this website and the website itself is protected by intellectual property rights whether registered or under common law. All present and future rights to intellectual property, including, but not limited to, inventions or conceptual ideas, information, trademarks, patents, designs, copyright, or any corresponding property rights under the laws of any jurisdiction, are owned by Ausmerican Aces. These rights also extend to all products developed in whole or in part by Ausmerican Aces. Any use of the materials contained within the website, including reproduction for commercial use, modification, distribution, or republication without the express written permission of Ausmerican Aces, is strictly prohibited. HYPERLINKS This website contains links to other internet sites that are owned and operated by third parties. Please be aware Ausmerican Aces makes no representation and accepts no responsibility for the operation, content, or nature accessible through this site or other sites linking to this site. APPLICABLE LAW This agreement shall be governed in accordance with the Laws of Western Australia, and the parties irrevocably elect to submit to the exclusive jurisdiction of the Western Australian Courts. CONFIDENTIALITY Upon ordering any products, the Customer will be required to share confidential information, such as name, delivery address, email address, telephone contact, and debit or credit card details. Please know all confidential information will be kept confidential by Ausmerican Aces and will not be disclosed in any way, manner, or format without the prior written consent of the Customer. Please see our Privacy Policy to see how Ausmerican Aces will manage your confidential information. It is understood that this clause '13. Confidentiality' shall not apply to confidential information that: (A) is in the public domain (other than as a result of a disclosure by Ausmerican Aces) (B) was already known to a party prior to its disclosure by the other party or that party's officers, employees, agents; or (C) is required to be disclosed by law. DISCLAIMER Ausmerican Aces makes no representations about the suitability of any information on or available through this website. The information available on or through this website, including any content, materials, products, or links to other websites, is provided "as is" without warranty of any kind to the extent permitted by law. In no event shall Ausmerican Aces or its affiliates, directors, officers, or employees be liable in any way whatsoever, whether in negligence or otherwise, for any loss or liability, whether direct or indirect, consequential, or any damages or loss of profits you or anyone else may suffer in connection with the use of information on or available through this website or any other sites available through this website.