Terms & Conditions

Acceptance of Terms

These terms and conditions govern all supply of goods and services ("products") by APR Trust ("Trading as Barking Gecko Forge", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.barkinggeckoforge.com ("the website"). They are effective from 04/06/2020 and will replace all earlier APR Trust terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company, you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and Supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and Delivery Charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Customers must ensure they enter the correct address at the checkout. We will not alter or modify your delivery address after the order is placed. Any delivery issues such as returned parcels, delays or wrong deliveries that occur due to incorrect address will be the buyers' responsibility.

We use Australia Post Express shipping for all our domestic orders. A tracking number will be provided to buyers after shipping. We may at our sole discretion add signature on delivery and/or insurance to an order.

International shipping is processed by Australia Post. Australia Post may deliver international parcels to the destination address by using one of their international partner postal carriers, Barking Gecko Forge is not able to select a particular carrier or method of delivery at the destination country.

Any taxes, custom duties or other fees imposed by the destination country's officials and government bodies is the responsibility of the buyer. Barking Gecko Forge accepts no responsibility for those charges.

The buyer is solely responsible for knowing their country's import laws, weapons laws or any other laws and regulations in relation to the product they order. Any loss or forfeiture of the item by the government or postal authorities of the destination country is the responsibility of the buyer. Barking Gecko Forge accepts no responsibility for seized items in those cases.

Pricing

All prices are in Australian Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment Options

All payments are processed via PayPal's secure payments system.

Credit Card Security

All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.

Returns

We do not accept returns if you feel the item you purchased is not right for you.

If an item upon receipt is found to be faulty or damaged the buyer must contact Barking Gecko Forge within 3 business days of item's delivery and obtain a return authorisation. Any item returned to us without a return authorisation will be posted back to buyer at their cost.

Items must be returned brand new, in original, unused condition with original box and content. If you use, try out, carry, sharpen or change the product or the box in any way, your return will not be accepted and the item will be sent back to you at your cost.

All items are inspected thoroughly before posting to customers to make sure no faulty products leaves our premises. This includes checking the physical appearance as well as the workmanship of the item carefully. If we find any imperfections, we will not post that product to a customer under any circumstances. We keep audio-visual records of every inspection as proof of the products quality at the time of shipping. Barking Gecko Forge will at their discretion repair, replace or refund any products found to be faulty.

Buyers are responsible for the return postage for any reasons, we do not cover the return postage fee for any items unless we have sent you the wrong product. In such case, we will cover the cost of return postage. Please use a reliable shipping method to return your items. We strongly recommend that you send via registered post and insure the package. If we don't receive the product, we are unable to process the return.

Refunds will be issued in the same way we have received your payment. Please allow a few business days for your financial institute to process the transaction.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Competition and Consumer Act 2010 will not apply. The conditions, warranties and guarantees set out in the Competition and Consumer Act 2010 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Competition and Consumer Act 2010.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable Law and Jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of Australia. The Courts of Australia shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where yourself, your business or organisation is based.

The buyer is solely responsible for knowing their local, state and federal laws in relation to purchase, carry, possession and importation of the item they are ordering. Barking Gecko Forge shall not be held liable for any infringement of the law by the purchaser. Barking Gecko Forge does not provide legal advice or suggestions in relation to local, state and federal laws to anyone. Barking Gecko Forge encourages the lawful and responsible use and possession of any cutlery items by the purchaser. Knives could be dangerous if handled improperly and should not be presented to minors without direct supervision of a parent or guardian.

Privacy Policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.barkinggeckoforge.com.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.

Copyright

Unless otherwise indicated, all materials on these pages (images, designs and web content) are copyright © by Barking Gecko Forge. All rights reserved.

No part of these pages, either text or image may be used for any purpose other than personal use. Reproduction, modification, storage in a retrieval system or retransmission, in any form or by any means, electronic, mechanical, or otherwise, for reasons other than personal use, is strictly prohibited without prior written permission.

 

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