Terms & Conditions
Welcome to The Bait Shop Pty Ltd trading as The Bait Shop Gold Coast website. By continuing to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘The Bait Shop Pty Ltd’ or ‘The Bait Shop Gold Coast’ or ‘us’ or ‘we’ or ‘our’ refers to the owner of the website whose registered office is 21/316 Brisbane Road, Arundel, QLD, 4124. Our ABN is 88 625 275 238. The term ‘you’ or ‘Buyer/s’ refers to the user or viewer of our website.
We reserve the right to make changes to this site and these terms and conditions at any time.
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.
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.
This website at www.thebaitshopgoldcoast.com (the “Site”) is a shopping website where you can browse, select and order products advertised on the Site from The Bait Shop Pty Ltd A.B.N. 88 625 275 238 (“The Bait Shop Gold Coast”, “us” or “we”).
Please read these terms and conditions before accessing or using the Site.
Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
The information contained in this Site is provided in good faith on an “as is” basis. The Bait Shop Pty Ltd does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, The Bait Shop Pty Ltd is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site. However, The Bait Shop Pty Ltd will endeavour to correct any inaccuracies on the Site once The Bait Shop Pty Ltd becomes aware of them.
Illustrations and photos contained in this Site are sample representation of the Products advertised, and variations may occur from time to time and from store to store.
The Bait Shop Pty Ltd does not claim that any information (including any files/photos) obtained from or through this Site is free from viruses or other faults or defects.
You are responsible for scanning any information for viruses.
You agree that The Bait Shop Pty Ltd has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
4. Compliance with these Terms and Conditions
You agree to bound by, and comply with, these terms and conditions by:
using the Site, and/or
obtaining or ordering Products from us using the Site.
5. Changes to these Terms and Conditions
If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
6. Placing an Order for Products
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site.
7. Acceptance or Rejection of an Order
We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
8. Cancelling an Order by Us
Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
the requested Products in that order are not available; or
there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or
that order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
9. Cancelling an Order by You
Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation.
If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.
10. Delivery of Products
Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, product size, location and courier delays.
11. Prices, Fees and Charges
The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, The Bait Shop Pty Ltd reserves the right to change prices at any time before we accept an order from you.
We are not able to offer sale pricing outside of the sale. If you purchase an item outside of the sale time frame, it will be the original price. If an item you purchased goes on sale afterwards, we are not able to reimburse the difference.
All prices shown on this Site are in Australian Dollars (AUD).
We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
the purchase price of each Product that is ordered;
the delivery fee for delivering the Products to you; and
any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product.
You acknowledge that we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site at our store or vice versa.
Delivery fees are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.
If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel, a card will be left and the parcel will be re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
The Bait Shop Pty Ltd currently ships orders to Australian addresses only.
You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
special, non-stock and/or bespoke items;
heavy, bulky and/or awkward items;
express or urgent deliveries; or
large quantity orders.
12. Your Obligations
You agree and warrant that:
all information and data provided by you to us through the Site or otherwise is true, accurate, complete and up to date;
the person receiving the Products at the Delivery Address is authorised by you to do so;
you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
you are legally entitled to buy the product and possess the product in their jurisdiction and wholly indemnify The Bait Shop Pty Ltd from any and all loss no matter how or when arising that may be incurred by any party as a result of the buyers purchase or possession of any product. It is the Buyers sole responsibility to ensure compliance with the relevant laws in their jurisdiction. The Bait Shop Pty Ltd makes no representation as to the right to purchase or posses any product advertised for sale.
you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
you will check the labels on the Products before consumption or use; and
you will not:
use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
make fraudulent or speculative enquiries, purchases or requests through the Site;
use another person’s details without their permission or impersonate another person when using the Site;
post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
tamper with or hinder the operation of the Site;
knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
modify, adapt, translate or reverse engineer any portion of the Site;
remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
reformat or frame any portion of the web pages that are part of the Site;
create accounts by automated means or under false or fraudulent pretenses;
use the Site to violate the security of any computer or other network or engage in illegal conduct;
take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
use the Site other than in accordance with these terms and conditions; or
attempt any of the above acts or engage or permit another person to do any of the above acts.
Unless you notify The Bait Shop Pty Ltd to the contrary by email or telephone within fourteen (14) days of delivery of any Products and such notification is confirmed in writing within seven (7) days of its receipt by The Bait Shop Pty Ltd, the Products shall be deemed to have been accepted by you.
We are not required to provide a refund or replacement if you change your mind. You are entitled to a refund, credit or exchange where items have a major problem/are faulty. Proof of purchase required. Any item/s that fall under this category will be refunded, exchanged or a credit provided at the price when it was originally purchased.
14. Termination and/or Suspension of Account
We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these terms and conditions and:
the breach cannot be remedied; or
you fail to remedy the breach within 10 days of our notice to you of that breach; or
if there is an emergency.
You may stop using the Site at any time and for any reason.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.
15. General Provisions
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Capitalised terms used are defined in these terms and conditions. In these terms:
“GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
“Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
“Product’ means each good or service that is advertised on the Site.