In this document, us, we and our refers to ONSTRIKE INDUSTRIES (ABN 38 636 730 347).

If you are under 18 years old, your parent or guardian must agree to you being bound by these Sale Terms.

Information and material you provide

During the process of purchasing or requesting goods or services from us, we may acquire information including personal information about you. Please see our Privacy Policy. For the avoidance of doubt, our Privacy Policy does not form part of these Sale Terms.

Before you provide us with personal information about any person apart from you, you must obtain that person’s consent to you providing their information to us.

When you provide information to us in relation to the purchase of, or request for, any goods or services, you represent and warrant:

• you have the legal right to use any credit card or other payment method you provide information for in connection with the purchase;
• the information you provide to us is accurate and complete;
• we may provide the information to third parties for the purpose of facilitating the supply of the goods or services; and
• if you communicate any material to us in connection with any goods or services you order or request, you grant us a non-exclusive, royalty-free, licence to copy, communicate and use in any way (including translate, adapt and amend) that material, anywhere in the world, in any way we consider reasonably necessary or appropriate for the purpose of providing you with any information, goods or services.

Cancellation

We may cancel your order or decline your request for any goods or services (as applicable) at any time before delivery if we believe we are unable to supply the goods or services, there was any error in the description or price of the goods or services or for any other reason in our absolute discretion. If we cancel your order or decline your request for our convenience, we will refund any payment you have made for your order or request less any redraw costs incurred.

If we cancel your order or decline your request because you have breached these Sale Terms, you must pay our costs and expenses associated with your order or request. If you have made any payment for your order or request, we will refund any balance of the payment to you after allocating that payment to pay our costs and expenses.

Products images and information

You acknowledge and agree that all images of goods on our website or in any other publication (whether electronic or hard copy) are for general illustrative purposes only. Colours and other details, including sizing, may not precisely match the images or information provided on our website or in any other publication.

Publicity

If you acquire goods or services from us, you grant us a non-exclusive, royalty-free, worldwide licence to identify you, including by reproducing your registered or unregistered trade mark from time to time and in promotional materials, media releases, publications and advertisements in any format, as having acquired our goods or services.

Re-sale

Goods or services we supply to you must not be re-supplied, leased or hired except for your own personal or internal business purposes.

Transfer of risk and title

Risk and title in the goods you purchase from us pass to you when the goods are delivered to your nominated delivery location, to you, or to your nominated collector or receiver (whichever happens first).

Liability

Nothing in these Sale Terms excludes, restricts or modifies any condition, warranty, guarantee (including consumer guarantee), right or liability implied in these Sale Terms or provided or protected by law to the extent that such exclusion, restriction or modification would render these Sale Terms or any provision of these Sale Terms void, illegal or unenforceable.

The application of the United Nations Convention on Contracts for the International Sale of Goods (commonly known as the Vienna Convention) to these Sale Terms is excluded.

Except to the extent any such exclusion is not permitted by law, any guarantee (including consumer guarantee), condition, warranty or other right which otherwise would be implied in these Sale Terms, or provided by any law, in relation to any information, goods or services we may supply, is excluded.

The Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) provides certain guarantees which cannot be excluded. More information about that can be obtained from the Australian Competition and Consumer Commission.

In respect of any goods or services supplied by us which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, to the extent we have any liability for breach of any consumer guarantee under the Australian Consumer Law, our liability for breach (other than breach of a guarantee conferred by sections 51 to 53 (inclusive) of the Australian Consumer Law) is limited to any one of the following as determined by us (except if and to the extent you establish that reliance on this clause would not be fair and reasonable):

1. if and to the extent the breach relates to goods: repair or replacement of the goods, the supply of equivalent goods, or payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; and
2. if and to the extent the breach relates to services: supply of the services again or payment of the cost of having the services supplied again.

To the maximum extent permitted by law:

1. we are not liable for any failure to comply with these Sale Terms where that failure is due to circumstances beyond our reasonable control;
2. we are not liable for loss of business profits, revenue, opportunity, goodwill or anticipatory profits, loss or damage due to business interruption or due to loss, disruption or disclosure of data, or any indirect or consequential loss or damage, however caused (including through negligence or wilful misconduct), which you may directly or indirectly suffer or incur in connection with any goods or services we supply or should have supplied, or our failure to comply with these Sale Terms: and
3. to the extent no other term or law applies to exclude or limit our liability, our liability for any damages and loss of any nature whatsoever (including direct loss and damage, loss of business profits, revenue, opportunity, goodwill or anticipatory profits, loss or damage due to business interruption or due to loss, disruption or disclosure of data, and any indirect or consequential loss or damage) and costs (including legal costs) and expenses, however caused (including through negligence and/or wilful misconduct), which you may directly or indirectly suffer or incur in connection with any goods or services we supply or should have supplied, or our failure to comply with these Sale Terms, is limited to a maximum of, in the aggregate in respect of all claims by you taken together, $10,000.

In respect of any claim between the parties under or in connection with these Terms of Supply, the parties agree that to the maximum extent permitted by law, the operation of the Law Reform Act 1995 (Qld) and of any other law having the same or similar effect are excluded and have no application or effect insofar as any of them would apportion liability to us which would not have been so apportioned but for such laws.

General

If we waive any rights available to us under these Sale Terms on one occasion, that does not mean those rights are, or will be, waived on any other occasion.

If any of these Sale Terms are held to be invalid, unenforceable or illegal for any reason, in any jurisdiction:

1. in that jurisdiction, the remaining terms will nevertheless continue in full force and effect; and
2. the validity and enforceability of the term in any other jurisdiction will not be affected.

These Sale Terms constitute the entire agreement between us regarding the supply to which they relate and supersede and replace any prior agreements we had with you regarding the supply.

Governing law

These Sale Terms will be governed and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. You irrevocably submit to the jurisdiction of the courts of the State of Queensland and the Commonwealth of Australia to hear and determine any claim, suit, action or dispute arising out of or in connection with these Terms of Use (including as to their validity).