We live for adventure
Last Updated: 15/10/14
1.1. In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, “Burke Marine” or “burkemarine.com.au” means Antell Nominees Pty Limited trading as Burke Marine (ABN 48 327 591 014), its subsidiaries and associates (unless otherwise stated).
1.2. This website, and our online store (our “Website”), is a channel for customers to place orders for products we have available for purchase.
1.3. We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.
1.4. While the information contained in the Website is believed to be accurate and current, it is provided by Burke Marine in good faith on an "as is" basis. Burke Marine or its employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.
1.5. You may have rights under Australian Consumer Law, and these T&C’s do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.
1.6. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
2.1. The Burke Marine website and online store (collectively, our “Website”) is owned and operated by Antell Nominees Pty Limited trading as Burke Marine (ABN 48 327 591 014).
2.2. Access and use of the Burke Marine website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein (our “T&Cs”).You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our “Services”). Your use of the Burke Marine website constitutes your agreement to the T&Cs.
2.3. Burke Marine reserves the right to amend the T&Cs at any time and without notice to you. Burke Marine may change the T&Cs from time to time, and your continued use of the Burke Marine Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the website homepage at burkemarine.com.au.
2.4. These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.
3.1. The Products available on the Website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
4.1. Prices displayed within this Website are shown in Australian dollars (AUD) and include GST where applicable. Pricing on a product detail webpage may not include delivery charges (if applicable). Please read the Delivery Information contained within this website for more information regarding delivery charges.
4.2. Any Order placed by You in the manner described in this website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified in this Website at the time you place your order on these Terms & Conditions.
4.3. Burke Marine reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
4.4. Pre-orders are offered before a product is available to the general public, and/or through our store network. This allows customers to secure high-demand items before they sell out.
4.5. Pre-orders are subject to delayed delivery, and the expected delivery time-frames will be outlined on the individual product page. However, we cannot guarantee delivery dates for pre-orders as we often haven't received the full stock allocation from the manufacturer. In the rare case that for any reason a pre-order cannot not be fulfilled, you will be notified, and a full refund will be issued.
4.6. Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All pricing on our website is available online only, and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.
4.7. Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.
5.1. Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.
5.2. We accept payment via Visa, Mastercard, PayPal and Gift Card. You must comply with the applicable T&Cs of these providers.
5.3. To use a Gift Card online, please ensure you have an e-Gfit Card. These are only available for purchase and redemption online.
6.1. Burke Marine carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from Burke Marine may contact you directly as part of this protection process.
6.2. If Burke Marine determines an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.
6.3. If you believe you have been a victim of a fraud, please contact our Head Office in writing at firstname.lastname@example.org. Please ensure to include all details of the order in question so we can respond immediately and appropriately.
7.1. Please read the Returns & Exchanges Policy contained within this website for refund details. Our Returns & Exchanges Policy outlines the circumstances that a refund will be available to you.
8.1. Please read the Delivery Information contained within this website.
8.2. Delivery times are indicative only, and Burke Marine will not be liable for any failure to observe these delivery times.
9.1. Burke Marine will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.
9.2. You should consider whether you need to obtain any suitable insurance.
10.1. Promotional Vouchers may sometimes be referred to as "Gift Vouchers". It is important that customers observe the distinction between a Gift Voucher and "Gift Cards/e-Gift Cards". Please see the Payments > Gift Cards section of these Terms for the relevant Gift Card T&Cs.
10.2. We accept Promotional Vouchers and Coupon Codes as payment, or partial-payment, for certain or specified purchases online. Specific details around what your Promotion Voucher or Coupon Code can or cannot be used for will be provided with your Promotional Voucher or Coupon Code.
10.3. Some Promotional Vouchers and Coupon Codes may have a minimum spend (eg. only available if you spend a specified amount), apply only to a specific product, or group of products, be available for a limited time or specified date range, and/or only available to a specific customer group (eg. Club Members). Specific details regarding this will be provided with your Promotional Voucher or Coupon Code.
10.4. If the credit of a Promotional Voucher is insuffient to complete an Order, you can choose another accepted means of payment to cover the gap. This could include an accepted Credit Card, PayPal or Gift Card where applicable.
10.5. Promotional Voucher and Coupon Code Exclusions: Unless otherwise specified, Promotional Vouchers and Coupon Codes cannot be used to purchase Gift Cards, Sale/Discount Merchandise and third-party or Non-Merchandised Product. Unless otherwise specified, Promotional Vouchers and Coupon Codes are not available in conjunction with any other offer.
11.1. Subscribing to the Burke Marine e-newsletter is not compulsory, and you can un-subscribe at any time.
11.2. We will never sell or share your information with third parties.
12.1. Burke Marine will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Burke Marine has been advised of the possibility of such damages.
12.2. Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Burke Marine for any breach of such term, condition or warranty shall be limited, at the option of Burke Marine to any one or more of the following:
If the breach relates to goods:
If the breach relates to services:
14.1. All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content”) is the property of Burke Marine, or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.
14.2. Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Burke Marine.
15.1. At times the Website may contain links to other websites, which are not operated by us (“Linked Sites”). We may also provide embedded content hosted and controlled by third party providers (“Embedded Content”). Burke Marine has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility, and is subject to the T&Cs of Linked Sites and Embedded Content.
15.2. Burke Marine does not endorse, promote or recommend any operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.
15.3. At times you may be able to provide, contribute, upload and publish (collectively, “Publish”) your own data, content or materials (“User Content”) to, or through, our Website and associated websites (eg. our Blog, Facebook page, etc). User Content could include text, images, information, or comments, Published via email, comment, blog, enquiry, social media platforms, third-party partnerships and plug-ins, or other means.
15.4. You own any User Content that you Publish on the Burke Marine Website (“Your Content”). Other users own any User Content they publish to the Burke Marine Website. Burke Marine reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.
15.5. Your Content must not include:
15.6. You are personally responsible and liable for Your Content. By uploading and publishing Your Content you acknowledge that it does not contain any confidential information, and may be seen by others.
15.7. You are not entitled to any payment or compensation from Burke Marine for our use of Your Content, or any User Content.
15.8. You can request removal of any User Content you Publish at any time by emailing us at email@example.com.
15.9. You can report violations of the third-party and user content terms by emailing us at firstname.lastname@example.org.
16.1. Burke Marine does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
16.2. Burke Marine will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Burke Marine it shall be limited to the cost of re-supplying that information.