2. Collection of information
Specifically Black Dog Ride collects the following information from its Internet site:
2.1 Statistical Information
Black Dog Ride collects statistical information regarding the use of its Internet site. This collection includes your computer's Internet Protocol (IP) address and the date and time of your visit. This information is collected to provide Black Dog Ride with information about the use of its site and to help it maintain and develop the site to provide better information to users.
You can prevent this collection of information by disabling your web browser from accepting cookies. This will not prevent you from accessing the Black Dog Ride website, however it may prevent you from utilising all features in the Black Dog Ride website.
2.3 Requested personal information
At various stages you may be requested to provide Black Dog Ride with personal information including your contact details. Personal information will only be requested if it is necessary to provide a service to you or if it is necessary by law. Such a request may arise if you ask Black Dog Ride to provide you with information or provide you with a product.
3. Use and disclosure
Black Dog Ride will not use or disclose, and will use reasonable endeavours to prevent the use or disclosure of, information provided by a user to Black Dog Ride website for a purpose other than the primary purpose of collection (a 'secondary purpose'), except to the extent:
that the secondary purpose is related to the primary purpose of collection and that you would reasonably expect Black Dog Ride to use or disclose the information for the secondary purpose (for example, the provision of your information to a supplier of Black Dog Ride products where you have requested such a product to be supplied);
that you have consented to the use of the information for the secondary purpose;
that information provided by you, including information relating to transactions, may appear in aggregate form for the purpose of providing statistical information within Black Dog Ride or to third parties. This information will not identify you;
necessary in order to enforce any of the terms of an agreement between you and Black Dog Ride;
that Black Dog Ride has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities;
required or specifically authorised by law;
provided in co-operation with any governmental authority
4. Access and correction
4.1 Where Black Dog Ride collects information from you, we will provide you with access to your information at your request except to the extent that:
the request for access is frivolous or vexatious;
providing access would have an unreasonable impact on the privacy of others;
the information relates to existing legal dispute resolution proceedings between you and Black Dog Ride and the information would not be accessible by the process of discovery in those proceedings; or
providing access would reveal the intentions of Black Dog Ride in relation to negotiations with you in such a way as to prejudice those negotiations.
4.2 Where information about you is found to be incorrect, incomplete or out of date, Black Dog Ride will correct, update, erase or amend the information as appropriate.
5. Links from this site
Black Dog Ride acknowledges that security is of paramount concern to you. Black Dog Ride stores your personal information in secure environments to safeguard it from misuse, disclosure, alteration or destruction.
By using the Black Dog Ride site you agree that the Internet is inherently insecure and that accordingly [Black Dog Ride] can only use its best endeavours to secure your personal information and cannot provide any definitive assurance regarding security of personal information. Black Dog Ride will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
8. Feedback, questions or problems
Online Terms and ConditionsThis agreement is a contract between you and Black Dog Ride.
Please read these terms and conditions carefully before placing your order with Black Dog Ride. By completing and submitting your order online and using the Black Dog Ride Online Shopping service, you acknowledge that you have read and agree with the terms and conditions outlined below.
Black Dog Ride reserves the right at all times to make changes to the Black Dog Ride terms and conditions at its sole discretion without prior notice.
Agreement means an agreement between you and Black Dog Ride to supply Goods.
Delivery Address means the address to which the Goods are to be delivered as stated on the Order.
Delivery Fee means the fee payable to Black Dog Ride in respect of delivery of the Goods as advised by Black Dog Ride from time to time.
Goods means the goods described in an Order.
Order means an order by you to purchase Goods from Black Dog Ride.
Personal Information includes, but not limited to, your name, Delivery Address and payment details.
(a) You warrant that all information and data provided by you in the Order is true and correct. You must promptly inform Black Dog Ride if there is a change to this information or data.
(b) Orders are deemed to be received by Black Dog Ride at the time of successful transmission of the order.
Price of Goods and Payment
(a) All Goods are quoted in Australian dollars and include GST. Prices shown do not include delivery or installation.
(b) Black Dog Ride reserves the right to change or alter prices of Goods without notice to you at any time prior to you placing an Order. The price payable by you shall be the price applicable on the date the Goods are confirmed as ordered.
(c) In addition to the price of the Goods, you must pay the Delivery Fee.
(d) You must pay for the Goods, including the Delivery Fee, at the time you place your Order. Orders cannot be paid for at the time of delivery.
(e) Orders may be paid for by Credit Card, Bank Deposit, or Paypal
(f) Black Dog Ride will issue a Tax Invoice, setting out the amount of the GST payable. If the rate of GST is varied from 10%, the consideration for any delivery under this Agreement will be varied to reflect the change of rate. Any terms used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related Acts as amended from time to time (“GST Act”) are take to have the meaning as defined in the GST Act.
(a) The Goods ordered will be delivered to the Delivery Address nominated by you in the Order. Goods cannot be picked up.
(b) Delivery of Goods is worldwide.
(c) If there are any changes to the Australia Post standard delivery times, a Black Dog Ride representative will contact you within 10 business days of you placing your Order to provide an estimated date for delivery of the Goods (Delivery Date).
(d) The Delivery Date is an estimated date only but Black Dog Ride will use reasonable endeavours to deliver the Goods on the Delivery Date. However, to the greatest extent permitted by law, Black Dog Ride will not accept responsibility for late delivery or loss or damage suffered as a result of a delay in delivery.
(e) A person must be at the Delivery Address to accept the Goods on delivery. Anyone at the Delivery Address who receives the Goods shall be presumed by Black Dog Ride to be authorised to receive the Goods on your behalf. If there is no one at the Delivery Address, the Goods will be returned and you will need to contact Black Dog Ride to arrange delivery. Additional Delivery Fees will apply to redeliver the Goods.
(f) Black Dog Ride will not accept responsibility for late delivery or non-delivery due to incomplete or incorrect details provided.
(a) Orders may be cancelled within 24 hours of purchase by contacting Black Dog Ride on firstname.lastname@example.org
(b) Black Dog Ride reserves the right to charge you a cancellation fee of 10% of the value of the Goods ordered once your Order is processed to cover administrative costs.
(c) Refunds for cancellations will be made to your nominated credit card, bank account or Paypal address
Risk and Title
Risk and title in the Goods passes upon delivery of the Goods to the Delivery Address.
Australian Consumer Law
(a) Under the Australian Consumer Law (ACL), consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services.
(b) Nothing 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 implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.
(a) Black Dog Ride will use reasonable care and skill in providing the Black Dog Ride website for you.
(b) To the greatest extent permitted by law, you release and discharge Black Dog Ride and its related bodies from all forms of loss or damage (including but not limited to loss of profit, loss of data, third party claims, liquidated damages) arising out of or in connection with Black Dog Ride or this Agreement.
(c) To the extent permitted by law, if Black Dog Ride fails to comply with a consumer guarantee which by law may not be excluded, then to the extent the law permits Black Dog Ride to limit it's liability in respect of such failure, Black Dog Ride’s liability is limited to:
(i) in the case of goods:
(A) replacement or the cost of replacing the goods or supply of equivalent goods; or
(B) repair or the cost of repairing the goods; and
(ii) in the case of services, supplying the services again or payment of the cost of having the services supplied again.
Privacy and Security
(b) Black Dog Ride uses eWay eGate to process all credit card payments. When you select the credit card payment option you will be re-directed to a secure (https) website where your payment is payment securely by eWay using 128-bit SSL encryption. Your financial and credit card details are not shared with Black Dog Ride.
The laws of Western Australia, Australia govern this agreement.