Last Updated: 14 September 2023
This is our Shipping Policy, which explains how we handle orders from our website. This Policy forms part of, is subject to, and must be read with, our Terms of Service.
2. How to place an Order
All Orders must be placed through our online shopping cart available on our website. By placing an Order, you represent and warrant to us that:
(a) all information provided with the Order, such as name, delivery address, email address and contact details are complete, true and correct;
(b) you have full legal capacity, legal majority and authority to acquire property and to be bound by our Terms of Service and Related Policies;
(c) you are the account holder, or authorised user, of any payment method tendered by you as payment for the Order; and
(d) you are acquiring the products specified in your Order for personal or domestic use only, and not for the purposes of resale or commercial use.
You acknowledge that it is your responsibility to ensure that all Order details, including delivery address, contact details and ordered products are complete, correct and accurate prior to placing an Order. To the maximum extent permitted by law, we do not accept responsibility for errors, non-delivery or other loss, damage or failure in respect of your Order where you have provided us with incorrect, incomplete or inaccurate information.
Order Cancellation Policy
3.1. When you may cancel or amend an Order
You may request cancellation or amendment of an Order by giving us notice prior to dispatch. Please note that we endeavour to dispatch Orders as soon as possible after receiving payment. Accordingly, we can only consider cancellation or amendment requests that are received by us during business hours on the same day that the Order is placed.
Once dispatch has occurred, you may not cancel or amend an Order unless we otherwise agree.
3.2. When we may reject, cancel or amend your Order
All Orders are subject to acceptance by us in accordance with our Terms of Service and Related Policies. We reserve the right to reject any Order for any reason at our discretion.
In addition to any other rights or discretions we may have, we may reject, cancel or amend your Order by giving you notice if:
(a) we determine that a product included in your Order (Ordered Product) has been incorrectly advertised, including where the Ordered Product is advertised for an incorrect price or with an incorrect product description or specification;
(b) we determine that an Ordered Product has been discontinued by our suppliers and existing stock has been depleted;
(c) we determine that there is, or is likely to be, a shortage of stock for an Ordered Product, and that there is likely to be a significant delay in replenishing stock of the Ordered Product;
(d) an Ordered Product becomes subject of a voluntary or mandatory recall;
(e) you Order what we determine to be unreasonable, excessive or commercial quantities of any Ordered Product;
(f) we are unable to fulfil all or part of your Order due to restrictions imposed on us, including by an Uncontrollable Event, or we otherwise determine that it would be unlawful for us to fulfil your Order;
(g) your Order is incomplete or incorrect, or you have provided false, misleading or fraudulent information with your Order;
(h) you die, are determined to be bankrupt or insolvent, or otherwise lose your legal capacity, prior to the fulfilment of your Order;
(i) a payment in relation to your Order is cancelled, denied, charged-back or dishonoured;
(j) where payment is not made at the time of placing an Order, full payment is not received by us within 5 business days (or such longer period as we may allow) after the placement of an Order;
(k) an Order is returned to us as "undeliverable" or "delivery refused".
3.3. Effect of cancellation of Order
If we reject, cancel or amend your Order due to your breach of our Terms of Service or Related Policies, or we voluntarily agree to cancel or amend your Order after dispatch:
(a) you agree to indemnify us (and our Replated Parties) against any loss we incur as a result of the rejection, cancellation or amendment, including but not limited to any payment processing charges, postage / delivery charges, or postage / delivery retrieval costs, incurred by us;
(b) where the Order has already been dispatched at the time of cancellation or amendment, we reserve the right to treat the cancellation or amendment as a Change of Mind and charge a Restocking Fee in accordance with our Refund Policy; and
(c) we reserve the right to offset any recoverable amounts against, or deduct them from, any amounts otherwise refundable by us.
If we reject, cancel or amend your Order in other circumstances, where applicable, we will contact you to arrange a replacement or substitute product, or a refund or store credit for the relevant amount paid by you.
3.4. Backordering & Out-of-Stock Policy
If one or more Ordered Products is out-of-stock, we may:
(a) suspend your entire Order until stock of the Ordered Product(s) becomes available; or
(b) dispatch part of your Order and suspend the remaining part of your Order until stock of the Ordered Product(s) becomes available; or
(c) offer to amend your Order to substitute the Ordered Product(s) with an available alternative product; or
(d) offer to cancel the Order in respect of the Ordered Product(s) and issue a refund or store credit for the relevant purchase price.
3.5. Price changes due to amendment or cancellation of Orders
If we offer, and you accept, an amendment or cancellation to an Order that results in an increase to the price payable for the Order, you must pay the difference in price prior to dispatch of the Order or the balance of the Order, as applicable.
If the amendment or cancellation of an Order (other than due to your breach of our Terms of Service or Related Policies) results in a decrease to the price payable, we will offer to refund or issue a store credit for the difference in price.
1. Dispatch & delivery
4.1. Calculation of postage & delivery charges
Postage/delivery charges (if applicable) for your selected delivery method will be calculated and displayed at the Order checkout.
Orders will be dispatched only after receipt of full payment in cleared funds for the Order. Unless we otherwise agree in writing, we are not obliged to dispatch any Order prior to receipt of full payment.
4.3. Title to the goods
Title to the goods in your Order does not pass to you until receipt of full payment or dispatch of the Order, whichever is the last to occur.
4.4. Delivery times
Any quoted delivery timeframes are estimates only and are based upon information from our delivery service providers.
We are unable to guarantee delivery of any Order by any given date.
During peak periods, such as Christmas and other holiday periods, you should ensure that you allow additional time for delivery of your Order.
4.5. Risk in the goods
All goods are at your risk from the point of dispatch of the Order. To the maximum extent permitted by law, and subject to any consumer law rights you may have, we will not accept liability for lost, delayed, damaged, stolen, returned, undeliverable, misdirected or misdelivered Orders.
4.6. Authority to Leave (ATL)
Your Order will be taken to be delivered once it has been left at your delivery address.
You may have the option to provide us with an Authority to Leave (ATL) or other delivery instructions.
If you do not provide an ATL, the delivery provider may not be able to deliver your Order if your delivery address is unattended. The delivery provider may attempt re-delivery or hold the Order for collection for a limited period of time. In such cases, you will be responsible for organising collection or redelivery of the item with the delivery provider.
Please note that some delivery providers may leave items at your delivery address even if you have not provided an ATL.
You should ensure that there is a safe place to leave goods if the delivery address is unattended.
4.7. Undeliverable or refused Orders
If an Order is returned to us as "undeliverable" or "delivery refused", we reserve the right to charge additional delivery fees if you request re-delivery of the Order.
If an Order is cancelled due to non-delivery, we may charge a Restocking Fee and treat the cancellation as a Change of Mind Return in accordance with our Refund Policy.
4.8. Insurance options
Where available, we recommend that you consider selecting delivery insurance and/or delivery tracking options to cover your Order against loss or damage whilst in transit.
5. Refund & Warranty Policy
Returns, refunds and warranty claims are handled in accordance with our Refund & Warranty Policy.
6. Store Credit Policy
To the maximum extent permitted by law:
(a) store credits are valid for a period of 3 years from the date the store credit is issued, unless otherwise expressly stated;
(b) store credits are not transferrable to any other person unless we otherwise agree;
(c) store credits may be applied to the purchase of goods from our store, and (except where required by law) cannot be refunded or redeemed for cash; and
(d) the remaining value of any unused store credit will be forfeited upon expiry.
7. Gift Card Policy
Gift Cards are valid for a period of 3 years from the date of issue, or such longer period as may be required by law, unless otherwise expressly stated.
To the maximum extent permitted by law:
(a) Gift Cards cannot be refunded or redeemed for cash; and
(b) the remaining value of any unused Gift Card will be forfeited upon their expiry.
Gift Cards are highly negotiable and should be treated like cash. You should keep them secure in a safe place at all times. We are unable to replace lost, damaged or stolen Gift Cards.
Unless the context otherwise requires, the following words and phrases used in this Policy will have the meanings set out below:
has the meaning defined under s99A of the Competition and Consumer Act 2010 (Cth).
an order placed on our website.
Refund & Warranty Policy
The Refund & Warranty Policy published on our website.
Terms of Service
The Terms of Service published on our website.
we / us / our
The County of Bourke Pty Ltd trading as ATKM (ABN 20 138 673 060).
8.2. InterpretationThis policy forms part of, and is to be interpreted in the same way as, our Terms of Service.