Consumer Law

These are the terms and conditions upon which Tack Converters Pty Ltd (ACN 14 616 722 073) (“Tack Converters”, “we”, “us”, “our”) sells products through the site www.tackconverters.com.au (“the Site”).  By visiting and making a purchase through this Site you declare that you agree to these terms and conditions.  These terms and conditions may be amended at any time so we recommend that you revisit this page as your continued use of the Site indicates your acceptance of any terms.

Requirements of use

You acknowledge that Tack Converters sells second-hand, used products.  Purchases must be made by people over the age of 18 years old, or with parental/guardian consent.  If you are accessing and using the Site on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions.   Tack Converters is not responsible for unauthorised transactions made through the Site.
Prices and Payment

Prices displayed on the Site are in AUD and GST exclusive.  Payment is required in full at the time of placing your order. Delivery costs are automatically added at pay pal check out for all items accept saddles.  Once you have submitted your enquiry for a saddle we will email you with the details of the cost of delivery and arrange for payment through your preferred payment method.

Ordering and Delivery

Once your payment is made your products will be available for collection from our premises in Bellarine, Victoria or will be delivered to you in accordance with your preferred method.  Customers may select from the following delivery methods:

(1)  Collection. Collections from our premises can be accommodated at a mutually agreed time.  There is no cost to the customer for collections.

(2)  Postage by Australia Post or third party courier arranged by us. For a saddle purchase the customer may select the level of postage or courier service   and whether the goods will be insured . Postage or delivery is at the customer’s own risk and the customer will be subject to the terms of Australia Post or third party Courier.

(3)  Courier arranged by the customer.  We also accommodate customers that wish to arrange your own courier for the goods.  Please check our availability before doing so, so that we can ensure there is a person present to hand over the products. Alternatively, if you arrange for the goods to be left unattended at our premises for collection, you do so at your own risk, and we are not responsible for any loss or damage arising from unattended goods, where you have not pre-arranged for us to be present for a collection.

It is important that you ensure the delivery address details are correct, as Tack Converters will not be responsible for any lost or undelivered products because of incorrect delivery information.

Refunds and Returns

Tack Converters provides the guarantees stated within the Consumer and Competition Act 2011 as they apply to the sale of second hand and used goods.  Customers acknowledge that the goods available for purchase on the Site are not new, and have been subject to ordinary wear and tear as would be expected for a product of its nature used for its ordinary purpose.

Where there is a minor issue with the goods, Tack Converters will have the option to make good the problem or may choose to provide a refund.  A refund may be provided in the following circumstances:

• the product is faulty (excluding ordinary wear and tear expected in used goods);
• the product does not have the functionality expected of a used good of that nature;
• the product is not of an acceptable quality (excluding ordinary wear and tear expected in used goods);
• the product does not match the description on the Site;
• the product is not fit for the purpose described; or
• we have sent you the incorrect product.

If the product is damaged during delivery please notify us immediately upon receipt.  Requests for refunds should be made in writing to contact@tackconverters,com.au and should set out:

• what the problem is;
• when it was identified;
• the circumstances surrounding the identification of the problem;
• the resolution that you are seeking; and
• photographs of the product.

Tack Converters may also request additional information in order to assess your request.  We will then in be touch with you to discuss a resolution of the matter.

We will not provide refunds in the following circumstances:

• where you change your mind after purchasing the product;
• where you find a similar product cheaper; or
• where you decide that you do not want a used product after making your purchase.

Saddles

We provide a seven day trial period for Saddles purchased through the Site.  The customer has seven days from the date the saddle is received at the post office or delivered into the customer’s custody by a courier, to trial and return the saddle.  The customer must notify us that the saddle will be returned and posted or couriered prior to the expiry of the seven-day trial period.  If the saddle is received by us in the exact condition that it was provided to the customer, then the customer will be refunded the purchase price, however postage costs will not be refunded.  During the trial period the customer is responsible for the saddle and must use good quality soft stirrup leathers (preferably hang stirrups).  The saddle must not be worn with long boots, chaps or leather seated breeches during the trial period and there must be a clean saddle blanket underneath.  The saddle must be stored indoors, not in a car or tack shed.  Saddles that are returned to us unclean, will incur a $25.00 cleaning fee.

Disclaimer

Tack Converters sells used and second hand products, which will be subject to ordinary wear and tear such as colour fading, marks, scratches or wear marks.  Ordinary wear and tear reasonably expected in a used product will not give rise to an automatic refund right. Tack Converters does not provide assistance with or instructions about the correct use of products. Tack Converters is not responsible for any injury, loss or damage arising from the customer’s misuse of products purchased from the Site.

You acknowledge that photographs are indicative of what the product looks like, appearance may vary slightly in real life, due to variations in screen resolutions.  Tack Converters cannot provide any guarantees with respect to the longevity of particular products.  All descriptions displayed on the Site are made by Tack Converters with information provided by the original owner of the product.  Neither Tack Converters or you will be liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the party’s reasonable control.

Warranties and Indemnities

Tack Converters does not warrant that the functional aspects of the Site will be error free or that the Site, its content or the server are free of viruses or other harmful components.  We maintain current anti-virus software, however to the extent provided by law, we do not guarantee against third party interference.  Tack Converters does not warrant that the Site will be uninterrupted or error-free, or that Site or its content will be compatible with third party software or hardware.

You agree to indemnify Tack Converters for any claim arising directly or indirectly from your acts and omissions in using the Site pursuant to these terms and conditions.

Intellectual Property and Copyright

This Site and its content is provided to you through this license.  Tack Converters retains all ownership and proprietary rights in the Site and the content herein.  Users are granted the non-exclusive, non-transferable, limited right to use the Site for the purpose of viewing the information contained on the Site for your personal use only (“Prescribed Purpose”).  All rights not specifically granted under this Agreement are reserved by Tack Converters and, as applicable, its licensors.

Prohibited Conduct

The following conduct is prohibited when accessing or using this Site:

• frame or utilize framing techniques to enclose the Site or any portion of the Site;
• republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site);
• make any use of the Site or any and/or all Site Content other than for the Prescribed Purpose;
• modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
• collecting account information for the benefit of yourself or another party;
• using any meta tags or any other hidden text utilizing any and/or all Site Content;
• using software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
• downloading any image or content and pass it off as your own, or provide it to a third party or republish or distribute it;
• use technology or other means to access the Site;
• attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site;
• gain or attempt to gain unauthorised access to the Site including the networks or user accounts; or
• attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.

General

These terms and conditions are governed by the laws of Victoria, Australia and the parties submit to the jurisdiction of the Victorian Courts.  If any clause of these terms and conditions is invalid under any applicable law, the clause will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity.  If necessary, the invalid clause will be deleted and the remaining clauses will remain in full force and effect.