The following terms and conditions apply to your use of the STM Snow, Surf & Skate - Australia web site ("the web site") by STM Snow, Surf & Skate (Australian Business Number) ABN 7244 101 573 and any company member of its group, (herein after referred to as STM) and its customers. Your use of the web site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by STM. STM may change the content of its terms and conditions at any time without any prior notice to anyone. By becoming a member and/or customer of STM, the person herein agrees to be bound to the terms and conditions listed on STM.
1. Placing Order / Pricing Any Quotation made by STM is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by STM within seven (7) days of receipt by STM of the customer's offer. All pricing is in Australian dollars and inclusive of GST. Please note that pricing and stock availability are subject to change without prior notice. All orders placed are subject to confirmation and acceptance by STM. STM may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If STM requests payment for increased prices, you may cancel the order by giving notice to STM, which must be received within seven days of the announcement of the increase. To minimise errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible. Quantity in stock displayed on the web site should be considered as a guide only. Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on the web site. Price may vary depending upon location due to freight costs and other logistical requirements. stm reserves the rights to adjust freight cost at any time.
2. Delivery/collection STM does not ship large items to PO Boxes. We do not ship to third party addresses unless that address is known and can be verified by STM. The Customer shall at its own expense, arrange collection of products from STM at its premises. Alternatively, STM in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from STM's premises. Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery. After your order is placed, you will be sent an E-mail acknowledgement which will include an order tracking number which can be used to track your order status.
3. Delivery time Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by STM in writing providing for liquidated damages for failure to deliver by the Quoted date, STM shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by STM to deliver by the Quoted date. Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from STM in writing. The latter case would still attract the normal restocking fee.
4. Returns / Refunds / Cancellations - There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order. Returns for refund will only be accepted within 14 days of you receiving the goods. A restocking can apply with a fee of up to 25% of the purchase price being deducted. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable. Any incorrect, missing or damaged items received must be reported to STM within 24 hours of you receiving the delivery. This can only be done by E-mail or Phone. If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter. STM owns the title of any extra goods shipped with your order that have been despatched in error. If requested by STM, the Customer may be required to provide information in that STM can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by STM. Failure to provide sufficient information may delay the refund or cancellation, STM is not to be held responsible for any delays according to clause provided by STM. Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the dispatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back. Cancellations may be communicated by telephone or email prior to the item/s being dispatched. Cancellations for assembled system orders (eg Snowboard and Binding Packages) will incur a 10% cancellation fee. This is to reflect the labour cost. Cancellation for specially ordered items will also attract a 10% cancellation fee. This is to cover the return to stock fee implied by our suppliers and shipping cost.
5. Warranty Claim All goods sold by STM are covered by each individual suppliers/manufactirers warranty. Goods under warranty cover will be replaced or repaired by the manufacturers. No refund can be provided under any circumstances unless approved by the manufacturer or supplier. STM is responsible for the handling of products warranty processes. Warranty only covers the item(s) sold by STM. STM will only handle warranties for goods that have been sold by STM. An original receipt is necessary for all warranty claims. All warranties claims must be approved by STM before sending the back for claim. This can be done by contacting STM via email, phone or fax. All warrantees are voided if returned product is found in any way to be mishandled, mis-installed, modified, tampered, abused, physically damaged etc. Customer is responsible for proper packaging of returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the customer as is. Customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to STM. STM is not responsible for any parcel missing in transit, on its return back to STM. Product(s) discontinued by manufacturer(s) shall be upgraded to a similar product or a credit will be given at the current market value or the purchase price whichever is lower. All is at the discretion of the manufacturer and/or STM.
6. Warranty turnaround time Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, supplier's own test and replacement/repair, and the shipping back to us We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. STM is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
7. Payment Payment to STM by the Customer shall be made in full at the time of ordering. Payment for products ordered through STM can be made by credit card. Pay Pal orders are verified straight away and it is one of the safest and quickest payment methods. Cash on delivery only available for store pick up. Direct Debit payments are accepted by STM. Requests for a direct debit payment must be made in writing or over the phone with STM. If you have any suggested payment methods that you would like us to add please email stmws@stmonline.com.au
8. Liability STM shall not be liable to the Customer, or to any other person whomsoever, for any loss, injury, death or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
9. Retention of Title The title to the Products will pass to the Customer once the Product/s have been sent to the customer by STM.
10. Disclaimer Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice. Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice. Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images. Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.
11. Obligations of the Customer As member of STM, the Customer must provide current, complete, and accurate information about the Customer at all times. The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, STM will not be held responsible in any manner. On the first purchase the Customer places with STM, the Customer might be required to provide additional identification to STM to help eliminate Internet credit card fraud and to provide additional security. STM reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to STM immediately. STM does not stored any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.
12. Differences and Complaints Subject to the provisions of clause 7, STM shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises STM in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
13. Waiver The failure or neglect by STM to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of STM's rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice STM's right to take subsequent action.
14. Sever Ability In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
15. Governing Law STM and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of New South Wales, Australia.
