Question 1

Acknowledgement and acceptance

Accepted Answer

These Terms + Conditions govern your access and use of our website  (https://www.ozdiecastfanatics.com.au) and related services including the  ordering, purchase, and delivery of items from our website and  subscriptions to our online newsletter (collectively, our ‘Website’).

This Website and all content on the Website are operated and owned by OzDiecast Fanatics (ABN 84 617 463 866)  (‘OzDiecast Fanatics’, ‘we’, ‘us’ or ‘our’).

These  Terms + Conditions are to be read in conjunction with any additional  Terms + Conditions or policies we provide (collectively referred to as  ‘Terms’), including but not limited to our Privacy Policy, Returns Policy, Shipping Policy. To the extent of any inconsistencies, the provisions of these Terms + Conditions apply.

By accessing or using our website, you warrant and represent to us that you have read, understand, and agree to be bound by these Terms and that  you are over the age of 18 years, and you have the right, authority,  and legal capacity to enter into a legally binding agreement and to abide by these Terms.

Question 2

Amendments

Accepted Answer

OzDiecast Fanatics reserves the right to make changes to the Website and  Terms at any time and without notice to you. Any such changes will only  apply to orders submitted after the date on which the changes have been  made. It is your responsibility to regularly check the Website in case  there are any changes made, including each time you purchase a OzDiecast Fanatics product. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

Question 3

Personal information and privacy

Accepted Answer

When ordering an OzDiecast Fanatics product you must provide OzDiecast Fanatics with your personal information or that of a gift recipient. You warrant that the information you provide OzDiecast Fanatics is accurate, complete, and up-to-date and that you will inform OzDiecast Fanatics of  any changes to that information. You also warrant that you have the  authority to provide us with the information that you disclose.

If you create a OzDiecast Fanatics customer  account, you are responsible for maintaining the confidentiality and  security of your account, including your email address and password and  you further acknowledge and agree that you will not disclosure these  details to any person not duly authorised by you. You are solely  responsible for all activities that occur on your account and under your  email address and password.

You agree that you will immediately notify OzDiecast Fanatics of any unauthorised use of your account, email address or password. OzDiecast Fanatics will handle your personal information in accordance with our Privacy Policy.

Question 4

Terms of use

Accepted Answer

You may only use the Website and the content on the Website for personal  purposes unless OzDiecast Fanatics provides express written consent to  your proposed use.

You agree that you will not use the Website to:

a) commit or encourage a criminal offence;

b)  transmit or distribute a virus, trojan, worm, logic bomb or post any  other material which is malicious, technologically harmful, in breach of  confidence or in any way offensive or obscene; hack into any aspect of  the Website;

c) corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights;

d) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or

e) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Question 5

Placing an order on the website

Accepted Answer

When you place an order for a OzDiecast Fanatics product, OzDiecast Fanatics will immediately process your payment. If your payment is successful, OzDiecast Fanatics will send you an acknowledgement email confirming your order. OzDiecast Fanatics retains the right, in its sole discretion, to cancel or refuse any order.

Once  your order has been placed you cannot cancel the order. Please note  that once you have placed an order we are unable to cancel an order or  stop an order from being dispatched at your request.

Question 6

Product images

Accepted Answer

While we have made every attempt to show textures, appearances, and  colours of our items as accurately as possible, product images may vary  from the delivered product depending on your monitor, settings, and  computer equipment. OzDiecast Fanatics is not responsible for any such  variations in respect of your order. However, if an item is materially  different from the representation on the Website, you may be entitled to  a refund or exchange under the Australian Consumer Law.

Unless  otherwise stated, any additional items and accessories styled or shown  in a product image are for display purposes only and are not included in  the listed price. You must ensure that you carefully read the product  title and description before purchasing anything from our website.

Question 7

Product availability

Accepted Answer

All orders are made subject to availability. Whilst we use our best  efforts to ensure that items are available for delivery, there may be  some circumstances where items are unavailable.

If we cannot fulfill your order, or a part of your order, we will notify you within a  reasonable time after you complete your order. Please note that we may  need to reject your order, or reject part of your order, on this basis.  If your order is rejected or cancelled, we will refund in full all  amounts you have paid in respect of such unavailable product.  Alternatively, we may contact you to advise you of a delay in restocking  a particular product and delivery of your order and you may agree to  proceed with your order on the basis of a delayed delivery date (or an  alternative product).

Question 8

Pricing

Accepted Answer

You will be charged in full at the time of ordering a OzDiecast Fanatics product by supplying OzDiecast Fanatics with a valid credit or debit card issued by a bank acceptable to us or by redeeming OzDiecast Fanatics Gift Vouchers.

Whilst  we try and ensure that all details, descriptions, and prices that  appear on this Website are accurate, errors (including processing  errors) may occur. If we discover an error in the price or payment of  any goods which you have ordered we will inform you of this as soon as  possible and give you the option of reconfirming your order at the  correct price or cancelling it. If we are unable to contact you, we will  treat the order as cancelled. If the order is cancelled and you have  already paid for the goods, you will receive a full refund. See our  Returns Policy for more details.

All prices are in Australian  Dollars (AUD). Delivery costs may be charged in addition to the cost of the product, and these are clearly displayed and included in the ‘Total’ (where applicable). Delivery charges may vary and subject to change depending on Australia Post pricing schedule.

Question 9

Payment

Accepted Answer

You acknowledge that we will perform standard security checks on the  payment details you provide to us and that we will process all credit card or debit card payments using Stripe Payments. In the event of  unusual activity, OzDiecast Fanatics reserves the right to suspend payment  temporarily or permanently via your credit card or debit card and we  may contact you, your bank or any other relevant third party to report  such unusual activity.

We want to make your shopping experience  as seamless as possible so to make things easy we accept all major  credit cards including Visa and MasterCard.

Question 10

Shipping, delivery and returns

Accepted Answer

Delivery times may vary according to availability and the delivery  address you have nominated. You acknowledge and agree that any  representations made as to delivery times are subject to postal/courier  delays or delay caused by any circumstances beyond OzDiecast Fanatics'  control and that we will not be liable and will not offer any refunds  for any delayed delivery of your purchase including if you select an  express service.

Please refer to our Shipping Policy and Returns Policy for further information.

You can track your order using the consignment number you receive via email when you place an order.

CUSTOMS AND IMPORT TAXES

You agree that you are liable for, and will pay for, any taxes, duties, customs or import charges that may apply to your order.

RISK AND TITLE
Risk and title in the items will pass to you upon delivery of the items.

RETURNS

OzDiecast Fanatics only will accept returns in accordance with our Returns Policy.

CUSTOMER SERVICE

We will use reasonable endeavors to respond to all emails within 48 hours. Our customer service team can be contacted via our website.

Question 11

Other activities and third-party credit

Accepted Answer

From time to time, OzDiecast Fanatics may promote, or advertise events,  offers, items, services, or other activities that may be conducted  offline, or which may be conducted by third parties. These events,  items, services, or other activities may be subject to separate Terms +  Conditions. You acknowledge that you participate in any of these  activities entirely at your own risk and in accordance with those  separate Terms + Conditions.

The Website may feature or display hyperlinks and pointers to websites operated by third parties. Such  websites do not form part of the Website and are not under our control.  We do not accept any responsibility for the contents of any such  hyperlink or linked website. If you click on a link to any third-party  websites, you leave our website entirely at your own risk.

Question 12

Intellectual property

Accepted Answer

Unless otherwise indicated, OzDiecast Fanatics or OzDiecast Fanatics'  licensors owns all copyright of the material on, and intellectual  property in, the Website, including all text, graphics, user interfaces,  photographs, registered or unregistered trademarks, logos, and artwork  including but not limited to the design, structure, selection,  coordination, expression, “look and feel” and arrangement of such  content.

Except as permitted under relevant intellectual property  laws, no part of our Website or our content may be copied, reproduced,  republished, performed/presented in public, uploaded, posted, publicly  displayed, encoded, translated, transmitted or distributed in any way to  any other computer, server, website or other medium for publication or  distribution or for any commercial enterprise (including further  copying, recording, taping or by a storage and information retrieval  system) without the prior written consent of OzDiecast Fanatics.

You  may store, print, and display the content supplied solely for your own  personal use. You are not permitted to publish, manipulate, duplicate,  copy, sell, distribute, or otherwise reproduce or exploit, in any  format, any of the content or copies of the content supplied to you or  which appears on this Website, nor may you use any such content in  connection with any business or commercial enterprise.

Question 13

Liability

Accepted Answer

Website Accuracy, Errors, and Availability

You understand that  the Website is provided on an “as-is” basis. While we aim to update our  website regularly, neither OzDiecast Fanatics, nor any of its employees or  agents, makes any representation or warranty as to the accuracy,  completeness, currency, or reliability of the information contained on  the Website. We reserve the right to restrict access to parts of our  website or the entire website, change or withdraw any items, information  or content featured on this Website without notice.

To the maximum extent permitted by law, OzDiecast Fanatics excludes  all liability (including for negligence) to you or anyone else in  respect of any loss or damage (including special, indirect or  consequential loss or damage such as loss of revenue, unavailability of  systems or loss of data) arising from or in connection with any, use of  the information on or access through our Website including if for any  reason our Website is unavailable at any time or for any period.

Harmful Technologies

To the maximum extent permitted by law, OzDiecast Fanatics 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 in contract, tort or otherwise, which may result directly or  indirectly from any such information, by a distributed denial-of-service  attack or by any malicious or harmful programs, scripts or technologies  that may affect our Website, system failures or any other harmful  material that may infect your computer, device, programs, data or other  proprietary material; you agree to release us from any such liability.

Consumer Law

Where  legislation implies any mandatory term, condition or warranty or  requires adherence to provisions that may not be excluded by contract  including the consumer guarantees, OzDiecast Fanatics' liability for breach of such term or consumer guarantee is limited, at our option, to:

a) the replacement of the goods or the supply of equivalent goods;

b) the repair of the goods;

c) the payment of the cost of replacing the goods; or

d) the payment of the cost of having the goods repaired.

To the extent OzDiecast Fanatics' liability cannot be excluded, OzDiecast Fanatics'  maximum liability to you will be limited to $250 where permissible at  law. These Terms do not exclude any rights or remedies in respect of  goods or services under the Australian Consumer Law which cannot be  excluded, restricted, or modified.

Question 14

General

Accepted Answer

Release and indemnity: You agree to release and indemnify and hold  OzDiecast Fanatics and (as applicable) its affiliates, agents, and  employees, harmless from and against any claims, demands, proceedings,  losses and damages (actual, special and consequential) of every kind and  nature, known and unknown, including legal fees on a full indemnity  basis, arising from or in relation to your use or access of the Website,  or a party acting on your behalf or arising out of your breach of these  Terms, or your violation of any law or the rights of a third party.

Waiver: Any failure by OzDiecast Fanatics at  any time to enforce these Terms or any of ts rights will not be a  waiver of such rights, or affect the validity of these Terms.

Force majeure: If we are unable to perform in whole or in part, any  obligation under these Terms as a result of any fact, circumstance or  matter beyond our reasonable control, we are relieved of that obligation  to the extent and for the period that it we are unable to perform the  obligation. You agree that OzDiecast Fanatics will not be held liable for any delay or failure in performance of any part of our services to you.

Question 15

Mobile Terms of Service

Accepted Answer

Last updated: November. 28, 2024

The OzDiecast Fanatics mobile message  service (the "Service") is operated by OzDiecast Fanatics (“OzDiecast Fanatics”, “we”, or “us”). Your use of the Service constitutes your  agreement to these terms and conditions (“Mobile Terms”). We may modify  or cancel the Service or any of its features without notice. To the  extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the  effective date of any such changes shall constitute your acceptance of  such changes.

By consenting to OzDiecast Fanatics' SMS/text  messaging service, you agree to receive recurring SMS/text messages from  and on behalf of OzDiecast Fanatics through your wireless provider to the  mobile number you provided, even if your mobile number is registered on  any state or federal Do Not Call list. Text messages may be sent using  an automatic telephone dialing system or other technology.  Service-related messages may include updates, alerts, and information  (e.g., order updates, account alerts, etc.). Promotional messages may  include promotions, specials, and other marketing offers (e.g., cart  reminders).

You understand that you do not have to sign up for  this program in order to make any purchases, and your consent is not a  condition of any purchase with OzDiecast Fanatics. Your participation in  this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated  with text messaging imposed by your wireless provider. Message frequency  varies. Message and data rates may apply. Check your mobile plan and  contact your wireless provider for details. You are solely responsible  for all charges related to SMS/text messages, including charges from  your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll  receive a one-time opt-out confirmation text message. No further  messages will be sent to your mobile device, unless initiated by you. If  you have subscribed to other OzDiecast Fanatics mobile message programs  and wish to cancel, except where applicable law requires otherwise, you  will need to opt out separately from those programs by following the  instructions provided in their respective mobile terms.

For Service support or assistance, please email ozdiecastfanatics@gmail.com.

We may change any short code or telephone number we use to operate the  Service at any time and will notify you of these changes. You  acknowledge that any messages, including any STOP or HELP requests, you  send to a short code or telephone number we have changed may not be  received and we will not be responsible for honoring requests made in  such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us  with a valid mobile number. If you get a new mobile number, you will  need to sign up for the program with your new number.

To the  extent permitted by applicable law, you agree that we will not be liable  for failed, delayed, or misdirected delivery of any information sent  through the Service, any errors in such information, and/or any action  you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Terms & Conditions