Terms and Conditions
For website terms of use/service, see: Terms of Service
For product returns or refunds, see: Returns & Refunds
For product Warranty and replacements/repairs, see: Warranty & Returns
Terms of sale
Terms and conditions for goods sold by Downunder Pilot Shop Pty Ltd. from downunderpilotshop.com.au.
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Downunder Pilot Shop Pty Ltd (ABN 40 657 794 520) (“Downunder Pilot Shop”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from downunderpilotshop.com.au. By placing an order for Goods from Downunder Pilot Shop you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
1. Definitions
In these Terms and Conditions:
- “Account” means a personal account created by you on the Downunder Pilot Shop Website;
- “Additional Delivery Charge” has the meaning given in Section 4.4;
- “Backorder” means the order placed for a product prior to Downunder Pilot Shop receiving the goods from the supplier. Typically this is only an option on products that are popular and almost always stocked by Downunder Pilot Shop.
- “Delivery Charge” has the meaning given in Section 4.3;
- “Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
- “Direct Website” means downunderpilotshop.com.au;
- “Distribution Centre” means a Downunder Pilot Shop store or Warehouse;
- “Guest Checkout” means an order placed without being logged into or having an “Account”
- “International Delivery Charges” has the meaning given in Section 4.5;
- “Downunder Pilot Shop Website” means downunderpilotshop.com.au;
- “On Demand Delivery” means a Delivery Option where the Order is delivered to you on the same day as you place the Order, or within a selected time period;
- “Order” means an order for Goods, placed on the Downunder Pilot Shop Website;
- “Parcel Delivery” means a Delivery Option where the Order is delivered to you by our courier but is not a On Demand Delivery;
- “Password” means the password needed to access your Account;
- “Pre-Orders” means an Order placed for a product prior to the official release date of that product;
- “Premises” means the premises specified by you for delivery;
- “Restricted or Dangerous Goods” means Goods which are subjected to special or extra restrictions such as shipping or age restrictions. These products may require further information from you to purchase or ship under section 6.5 and 6.6.
- “Selected Delivery Option” has the meaning given in Section 10.1; and
- “Website” means downunderpilotshop.com.au.
2. Your legal rights under the Consumer Guarantees provided by the Australian Consumer Law
2.1. Nothing contained in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted or modified.
2.2. Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You may recover damages from Downunder Pilot Shop for any reasonably foreseeable loss or damage that you suffer because of any failure of a service or goods to comply with these guarantees, and:
(a) if the failure to comply with these guarantees for goods is a major failure or cannot be remedied, you are entitled to a replacement or refund. If a failure to comply with these guarantees for goods does not amount to a major failure you are entitled to request Downunder Pilot Shop remedy the failure within a reasonable time and if Downunder Pilot Shop fails to do so (by repairing the goods, replacing the goods or providing you with a refund);
(i) you may recover all reasonable costs you incur in having the failure remedied;(ii) you may (in certain circumstances) be entitled to reject the goods and claim a replacement or refund from Downunder Pilot Shop; or
(b) if the failure to comply with these guarantees for a service is a major failure or cannot be remedied, you may terminate the agreement between you and Downunder Pilot Shop for the supply of the service or recover from Downunder Pilot Shop compensation for any reduction in the value of the service below the price paid or payable by you for the service. If a failure to comply with these guarantees for a service can be remedied and is not a major failure, you may request Downunder Pilot Shop to remedy the failure within a reasonable time, and if it cannot be so remedied you may recover from Downunder Pilot Shop all reasonable costs that you incur in having the failure remedied, or terminate your agreement with Downunder Pilot Shop for the provision of the service.
3. Information about Downunder Pilot Shop’s liability to you
3.1. Except to the extent caused by Downunder Pilot Shop’s negligence or breach of these Terms and Conditions, or as otherwise required by law, Downunder Pilot Shop shall not be liable to you for any loss to you to the extent it is caused by: (i) your Account information being incomplete or inaccurate; (ii) any unauthorised use of your Password or Account which takes place before you notify Downunder Pilot Shop; (iii) the Order information you submit being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by Downunder Pilot Shop; (v) your Order not being received, being lost, misdirected or delayed as a result of the facility to place Orders being unavailable due to issues with the Website beyond the reasonable control of Downunder Pilot Shop; (vi) cancellation of your Order by you or someone else using your Account; (vii) delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store beyond the reasonable control of Downunder Pilot Shop; (viii) any delay in you receiving any refund due to you beyond the reasonable control of Downunder Pilot Shop; (ix) any late, lost or misdirected deliveries of Goods beyond the reasonable control of Downunder Pilot Shop; (x) Downunder Pilot Shop leaving the Goods in accordance with any “authority to leave” given by you, (xi) any breach of these Terms and Conditions by you; or (xii) any other loss to the extent resulting from something outside of our reasonable control and within your reasonable control.
4. Pricing & taxes
4.1 Prices for Goods are as shown on the Website.
4.2 Downunder Pilot Shop reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Downunder Pilot Shop.
4.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
4.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply, Downunder Pilot Shop will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Downunder Pilot Shop will cancel your Order and provide a refund for the amount paid.
4.5 If Downunder Pilot Shop agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
4.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
4.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
5. Your Account for Orders placed on the Downunder Pilot Shop Website
5.1 If you do not already have an Account you will need to create one before placing an Order on the Downunder Pilot Shop Website, unless you utilise the “Guest Checkout” feature of the Downunder Pilot Shop Website. If you wish to create an Account, additional functionality on the Website may be available to you, for example, order history, order status, address book and receipt of additional marketing communications.
5.2 Please note that when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive.
5.3 You may not set up an Account for someone else.
5.4 Please ensure that you enter all information carefully when creating an Account. You warrant to Downunder Pilot Shop that all information provided by you in relation to your Account is complete, true and accurate
5.5 You must notify Downunder Pilot Shop immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
5.6 Downunder Pilot Shop may, in its sole discretion, terminate or suspend your Account if Downunder Pilot Shop believes, acting reasonably and in good faith, that this is necessary to protect you or Downunder Pilot Shop from fraud or other unlawful or unauthorised use.
6. Orders
6.1 You can place an Order by following the instructions on the Website.
6.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Downunder Pilot Shop may accept or reject your offer in its absolute discretion. In particular, but without limitation, Downunder Pilot Shop may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact sales@downunderpilotshop.com.au
6.3 Each Order that you place will, if accepted by Downunder Pilot Shop, be a separate and binding agreement between you and Downunder Pilot Shop with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
6.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Downunder Pilot Shop with their personal information and, by placing an Order, you confirm to Downunder Pilot Shop that you have done this.
6.5 Sale of Restricted or Dangerous Goods or is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted or Dangerous Goods you warrant to Downunder Pilot Shop that you are:
(a) 18 years of age or older, where you Order products that are classified R18+;
(b) 15 years of age or older, where you Order products that are classified MA15+.
When placing an Order for Restricted or Dangerous Goods you warrant that you are not obtaining the Restricted or Dangerous Goods on behalf of a person that is not eligible to purchase the Restricted or Dangerous Goods themselves.
6.6 Certain Restricted or Dangerous Goods may require changes in the way we supply, manage or ship the product. In these cases Downunder Pilot Shop will contact you with this information. Downunder Pilot Shop may incur extra shipping charges as a result of these requirements. In this situation, Downunder Pilot Shop reserves the right to on-charge these charges to you. Downunder Pilot Shop will inform you of these fees and extra charges before your goods are shipped.
6.7 Please ensure that you enter all information carefully when placing an Order. You warrant to Downunder Pilot Shop that all information provided by you in relation to each Order is complete, true and accurate. Downunder Pilot Shop does not take responsibility for the loss of goods due to incorrect customer information when placing the order.
6.8 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Downunder Pilot Shop. Downunder Pilot Shop will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
6.9 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Downunder Pilot Shop cannot consolidate separate Orders into one delivery.
6.10 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.
6.11 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed due to issues with the Website beyond the reasonable control of Downunder Pilot Shop.
6.12 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
7. After you have submitted an order/payment
7.1 When you submit an Order you will receive an Order reference number via email.
7.2 Downunder Pilot Shop will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in Section 4.4). Your Order is deemed to be accepted by Downunder Pilot Shop when Downunder Pilot Shop does this, however, Downunder Pilot Shop may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Downunder Pilot Shop cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1.
7.3 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 7.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For credit card or PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your issuing bank or PayPal (as the case may be) processes the cancellation. For Downunder Pilot Shop Gift Card payment the time that it takes for the refund to take effect is likely to be between 5-10 days. For any other payment method, the time it takes for the refund to take effect will depend on how quickly the relevant payment provider processes the cancellation.
7.4 When Downunder Pilot Shop accepts an Order it represents an agreement by Downunder Pilot Shop to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
7.5 You must pay for Goods by credit card, Debit Card, certain prepaid payment cards, or Downunder Pilot Shop Gift Card. Additionally:
(a) when you place an Order on the Downunder Pilot Shop Website, you may also pay for Goods using:
- (i) ZipPay (subject to the Zip Pay Terms & Conditions (https://zip.co/files/au/zip-pay-terms-and-conditions.pdf)), provided that the amount you are paying for Goods (excluding delivery charges) is not less than $20 and not more than $3,000 (excluding delivery charges).
Please note you may not use these additional payment methods to pay for Gift Cards or any other third party gift cards/vouchers.
7.6 You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, Downunder Pilot Shop may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card or selecting one of the other available payment methods you authorise Downunder Pilot Shop to deduct the price and the applicable Delivery Charge(s) from such card or payment methods.
7.7 Downunder Pilot Shop reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion (including by temporarily making available additional payment methods from time to time on a trial basis).
7.8 Downunder Pilot Shop may not be able to, or may decline to, accept payment from you by your nominated payment method:
(a) where our fraud detection systems detect possible irregularities;
(b) because your financial institution or other payment provider has declined payment;
(c) because your payment card has expired;
(d) where technical difficulties impact our ability to process payment; or
(e) in any other situation if Downunder Pilot Shop believes, acting reasonably and in good faith, that this is necessary to protect you or Downunder Pilot Shop from fraud or loss.
Where this is the case, Downunder Pilot Shop reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
7.9 When you submit an Order, Downunder Pilot Shop may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use.
7.10 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
8. Cancellation of Orders
8.1 Downunder Pilot Shop reserves the right to cancel, at any time before delivery, an Order that it has previously accepted where:
(a) Downunder Pilot Shop, acting in good faith, is unable to obtain sufficient quantities of stock to fulfil your Order within a reasonable time;
(b) an event beyond Downunder Pilot Shop’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure or problems with the internet or third party computer systems, means that Downunder Pilot Shop is unable to supply the Goods within a reasonable time;
(c) Goods or services ordered were subject to an accidental error on the Website, for example, in relation to a description, price, reward or image;
(d) you ask Downunder Pilot Shop to cancel your Order in accordance with section 6.8; or
(e) in the circumstances set out in Sections 4.4 or 7.8.
8.2 You may cancel your Order where Downunder Pilot Shop:
(a) has breached a material term of this Agreement; or
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
8.3 Where Downunder Pilot Shop cancels your Order after acceptance it will send you an email notifying you of cancellation.
8.4 In the event of Downunder Pilot Shop or you cancelling your Order after payment has been processed, Downunder Pilot Shop will refund any money paid in respect of that Order. Section 15 of these Terms and Conditions sets out further information about refunds.
9. Availability of Goods/Refurbished stock
9.1 As Downunder Pilot Shop is dependent upon its suppliers to provide stock, Downunder Pilot Shop cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Downunder Pilot Shop reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available stock and Downunder Pilot Shop is unable to fulfil your Order, you will be notified as soon as possible.
9.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in good working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.
10. Delivery
10.1 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order (“Selected Delivery Option”). An estimated delivery time will be listed for your Selected Delivery Option . Downunder Pilot Shop will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.
10.2 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
10.3 Goods will generally only be delivered to addresses within Australia. Downunder Pilot Shop is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order. Downunder Pilot Shop may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.
10.4 Following dispatch of your Goods, Downunder Pilot Shop will email you with confirmation of dispatch and an invoice for your Order.
Parcel Delivery
10.5 Where requested, Downunder Pilot Shop will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Downunder Pilot Shop will call you to arrange an alternative delivery address.
10.6 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:
(a) take your Goods to our delivery service provider’s local depots;
(b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address;
(c) take your Goods to a Downunder Pilot Shop nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or
(d) re-deliver your Goods to your delivery address at a later date.
You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for redelivery of your Goods.
Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience. If you provide “authority to leave”, we will leave the Goods at the agreed place. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods.
10.7 If you require Goods that you have ordered to be redirected to an address which is not the original Order address, and such Goods have already been dispatched, Downunder Pilot Shop will use reasonable endeavours to redirect the Goods to your requested address and may charge you a reasonable fee for doing this.
On Demand Delivery
10.8 Intentionally left blank.
Home Delivery
10.9 Intentionally left blank.
Pre-Orders
10.10 Downunder Pilot Shop’s arrangements with its suppliers means that Downunder Pilot Shop is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered:
(a) up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. If you have chosen to pick up those Goods in-store (i.e. the Click & Collect option) you can pick up the Goods at your nominated collection store on the release date; or
(b) within 7 days prior to the official release date may only be dispatched on or after the official release date. If you have chosen to pick up those Goods in store, the Goods may only be available to pick up at your nominated collection store after the release date.
Backorders
10.11 Downunder Pilot Shop occasionally allows customers to backorder products that are known to be available or currently in-transit to a Downunder Pilot Shop store or distribution centre, but are not physically at a Downunder Pilot Shop store or distribution centre.
10.12 Where an order is placed under ‘Backorder’, Downunder Pilot Shop endeavours to ensure the goods are dispatched/shipped to your nominated address or be available for Click & Collect within the specified ‘ETA’ or ‘Timeframe’ as listed on the product page at the time of ordering.
10.13 From time to time, issues might arise that means Downunder Pilot Shop is unable to deliver or dispatch your backordered product within the specified ‘ETA’ or ‘Timeframe’ as listed on the product page at the time of ordering. If this occurs, Downunder Pilot Shop will contact you via your provided contact information to inform you of the delay.
See section 10.5 for delivery terms and conditions.
11. Click & Collect
11.1 Many Goods can be picked up from a Downunder Pilot Shop store. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from the store or from a Distribution Centre. These items are displayed as “Online Only”. Some “Online Only” products may be available for Click & Collect where we are able to have the product sent to our store for pickup. In this case, you will be notified when the product has arrived in store for collection.
11.2 Only the person who placed the relevant Order may pick-up the Goods ordered in-store, unless that person nominates another person to pick-up the Goods on his or her behalf. Where the Goods being picked-up include Restricted Goods, proof of age will be required to be produced by the person picking up the Goods.
11.3 If you choose to pick up your Order in-store, your Order should be available for pick up in-store:
- 1 hour after your Order has been confirmed if your Order is confirmed more than 1 hour before the close of trading hours for the nominated collection store; or
- the next business day if your Order is confirmed less than 1 hour before the close of trading hours for the nominated collection store.
11.4 Intentionally left blank.
11.5 When collecting goods from the store:
(b) Downunder Pilot Shop staff may check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;
(c) you (or the relevant person who you nominate to pick-up the Goods on your behalf) will also need to bring the email or SMS that Downunder Pilot Shop has sent to you confirming that the stock is available for pick-up; and
(d) Downunder Pilot Shop staff have the right to refuse collection of Goods if you (or the relevant person who you nominate to pick-up the Goods on your behalf) cannot or will not satisfy the requirements set out above. In this event Downunder Pilot Shop will contact the person who placed the Order using the contact details provided.
11.6 When picking up “big and bulky” Goods in-store:
- you must ensure your vehicle is appropriate for transporting your Goods. The law requires that the Goods are adequately restrained so you should bring appropriate restraints to safely secure your load;
- your Order confirmation must be presented for collection, and you will be asked to sign that you have received your Goods in good condition;
- Downunder Pilot Shop accepts no responsibility for any loss, damage or liability suffered by you due to the way in which the Goods are loaded or transported by you. Downunder Pilot Shop team members may help to load Goods into your vehicle (but not onto the roof or roof racks) if requested and they believe it is safe to do so, and may provide suggestions to you as to ways to transport your Goods in order to avoid damage. However, you are entirely responsible for ensuring that the Goods are loaded and transported in accordance with relevant road traffic/safety laws and in a way which does not result in damage to the Goods;
- Downunder Pilot Shop does not provide forklifts when loading and will not assist with roof top loading;
- If you have any concerns about picking-up your Goods, please call your store to arrange delivery.
12. Delay in availability or delivery of Goods
12.1 You agree and acknowledge that:
(a) Downunder Pilot Shop does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 10 and 11 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order, or any other time frames otherwise specified by Downunder Pilot Shop or any of its staff;
(b) stock availability and events outside Downunder Pilot Shop’s control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store;
(c) delays are particularly likely to occur during busy sale periods such as those around Black Friday, Christmas, Easter and public holidays; and
13. Gift Cards
- In these Terms & Conditions “Gift Card” refers to Downunder Pilot Shop branded gift cards which can only be used at Downunder Pilot Shop.
- Gift Cards entitle the holder to goods/services equal to the value stated on the Gift Card or remaining after partial redemption.
- Gift Cards can only be redeemed for purchases made at any Downunder Pilot Shop Store in Australia, the online retail store www.downunderpilotshop.com.au and Downunder Pilot Shop’s phone sales line (1800 518 009).
- Gift Cards may not be exchanged (wholly or partly) for cash.
- The value shown on a Gift Card includes GST.
- Gift Cards are partially redeemable and any unused balance will remain on the Gift Card and cannot be redeemed for cash.
- If the Gift Card holder's order exceeds the amount of the Gift Card, the Gift Card holder will be required to pay for the difference in price between the value of the Gift Card and the price of the goods or services.
- All Gift Cards have a three (3) year expiry from date of purchase.
- Should Downunder Pilot Shop (acting reasonably and in good faith) suspect any fraud relating to a Gift Card, Downunder Pilot Shop may refuse to redeem the Gift Card or cancel the redemption of the Gift Card prior to the relevant goods/services paid for using the Gift Card being provided to the holder.
- Downunder Pilot Shop is not liable for any lost or stolen Gift Cards. Please contact Downunder Pilot Shop immediately if your Gift Card has been lost or stolen. Lost or stolen Gift Cards will be replaced by Downunder Pilot Shop if satisfactory proof of purchase is provided and the Gift Card has not been redeemed. Where satisfactory proof of purchase is not provided or the Gift Card has been redeemed, replacement by Downunder Pilot Shop is entirely at Downunder Pilot Shop’s discretion.
- Gift Cards and Third Party Downunder Pilot Shop Gift Cards cannot be used to purchase another Downunder Pilot Shop branded Gift Card or another third party gift card.
- Gift Cards cannot be refunded or returned, unless otherwise required by law (including the Australian Consumer Law).
14. Refunds of your money
14.1 Where Downunder Pilot Shop is obliged to refund your payment pursuant to these Terms and Conditions, Downunder Pilot Shop aims to initiate your refund to your original payment method(s) within 2 business days (Monday – Friday 9 a.m to 5 p.m Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that where Goods have been purchased using a Downunder Pilot Shop gift card, the applicable refund will be processed back onto the Downunder Pilot Shop gift card. Please note that if Downunder Pilot Shop is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
See Returns & Refunds page for full details and process.
15. Returns/faulty or damaged goods
15.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
15.2 If you have a problem with any Goods or otherwise wish to return them please refer to Downunder Pilot Shop's Returns Policy. Please note that, in addition to contacting the manufacturer or any Downunder Pilot Shop store, you can also contact us. If you are returning unused and unopened Goods due to change of mind in accordance with our policies:
(a) you should return the Goods to your nearest Downunder Pilot Shop store or the store from which you collected the Goods;
(b) we will not refund the Delivery Charges and you must pay for us to pick up the Goods if you are unable to return them to the store due to size.
If Goods are unused but have been unpacked, we may, at our absolute discretion, accept return of the Goods in the event of a change of mind provided they are in perfect condition. However, in such cases we will not refund any Delivery Charge, and you must pay for us to pick up the goods if you are unable to return the Goods to a Downunder Pilot Shop store and we will apply a restocking fee equal to 20% of the original purchase price.
15.3 When returning Goods:
(a) please provide Downunder Pilot Shop with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase;
(c) you must also return any Bonus Offers included with the original purchase; and
(d) if you are returning Goods due to a change of mind, the Goods must be in a “re-saleable” condition as determined by Downunder Pilot Shop.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
15.4 You may not be entitled to a refund or exchange just because packaging is damaged in transit. The packaging exists to protect the Goods themselves.
See Warranty & Repairs page for full details and process.
16. Privacy and Marketing
16.1 Downunder Pilot Shop policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy.. You should read this policy before providing any personal information to Downunder Pilot Shop. By providing the personal information requested, you agree to this policy.
16.2 Please note that when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive. Otherwise, you may opt-out of receiving marketing communications by sending a written request to The Privacy Officer, Downunder Pilot Shop Group Pty Ltd, either by email to sales@downunderpilotshop.com.au or by pre-paid post to Downunder Pilot Shop, PO Box 208, Georges Hall NSW 2197
17. Downunder Pilot Shop Perks
17.1 Intentionally left blank. No current Downunder Pilot Shop perk programs are running.
18. Agency Products
Downunder Pilot Shop acts as an agent on behalf of some companies and brands. Agency products are shipped directly from the manufacturer/supplier to the customer. When you purchase an agency product you are subject to their terms and conditions of sale below. From time to time, Downunder Pilot Shop receives commissions acting as an agent on behalf of the manufacturer/supplier.
- As of this edit, Downunder Pilot Shop is not in any active arrangements with suppliers to act as an agent. Any changes to this in the future will be reflected here with links to the suppliers’ terms and conditions.
19. Additional Terms and Conditions
19.1 Your use of the Website is governed by the Website Terms of Use.
20. General
20.1 Downunder Pilot Shop reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
20.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
20.3 These Terms and Conditions are governed by the laws of New South Wales, Australia.
Version 05
Last Edited: July 2024