Please read these terms and conditions carefully. By accessing or using our website, you agree to be bound by these terms and conditions. Do not use this site if you if you do not agree to all of these terms. If you have any questions regarding the use of our site, please contact us. These Terms of Use (“Terms”) apply to your access to, and use of the website (arkoutdoors.com.au), its pages and online services (collectively, the “Sites”) of ARK Outdoors ARK Parts Pty Ltd T/as. (“ARK Outdoors”). The Terms do not alter in any way the terms or conditions of any other agreement you may have with ARK Outdoors, or our subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and declare that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and ARK Outdoors ARK Parts Pty Ltd T/as for its violations of these Terms.

By ordering or registering on any of our sites you grant us the right to add your contact details to our database and email transactional order, shipping and product review emails. From time to time we may contact you about offers and new products. You can easily be removed by either unsubscribing via a link or contacting our Customer Service at support@arkoutdoors.com.au and we will remove you from marketing communications.

Order Acceptance Policy

Your digital receipt does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. ARK Outdoors reserves the right at any time after receipt of your order to accept or decline your order for any reason. ARK Outdoors reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. ARK Outdoors is a reseller to end user customers and will not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by ARK Outdoors unless written authority has been granted. Product images are for illustrative purposes only. Due to the nature of colour and light, colour shades may vary from what appears on your monitor’s screen.

Liability

ARK Outdoors is not liable for any losses or damages arising from any website linked to or from this website that ARK Outdoors does not control. We reserve the right to refuse any order without giving reason. Upon cancelation of an order we will make all reasonable attempts to contact you using the details provided. If an order is cancelled, all received monies will be refunded using the method received.

Under no circumstances will ARK Outdoors be held responsible or liable in any way for any claims, damages, losses, injuries, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information or life) resulting or arising directly or indirectly from your use of our products or from your reliance on the information and material on this website, even if ARK Outdoors has been advised of the possibility of such damages in advance.

Ownership of Site Content

This site is owned and operated by ARK Outdoors ARK Parts Pty Ltd T/as. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of ARK Outdoors.

You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.

No materials or images from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from ARK Outdoors.

Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

User Content

The Sites may include discussion blogs, profiles, product reviews or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content, such as text, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your ARK Outdoors account information. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

  • User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to ARK Outdoors or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here);
  • User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
  • User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
  • User Content that does not clearly and prominently disclose any material connections you may have to ARK Outdoors or third-party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
  • User Content that, in the sole judgment of ARK Outdoors, restricts or inhibits any other person from using or enjoying the Sites or which may expose ARK Outdoors or our users to any harm or liability of any type.

Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by such Terms. Although ARK Outdoors has no obligation to screen, edit or monitor any of the User Content posted on the Sites, ARK Outdoors reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Sites.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, ARK Outdoors shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

ARK Outdoors shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

If your credit card has already been charged for the purchase and your order is cancelled, ARK Outdoors shall immediately issue a credit to your credit card account in the amount of the charge.

Pricing

Prices are subject to change without any notice. All prices on www.arkoutdoors.com.au are GST inclusive.

Product reviews

We may provide specific opportunities for you to tell ARK Outdoors and other ARK Outdoors customers or users what you think about our products or services (“Product Reviews”). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and ARK Outdoors does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews.

Promotions

Promotions, discounts and promotional codes (collectively “Promotions”) are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.

One-time use promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.

Promotions do not apply to shipping, GST or duties or similar services.

Promotions cannot be applied retroactively to previously placed orders or to orders that have been adjusted.

For promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.

If merchandise was purchased with a promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the promotion has expired, it cannot then be applied to a replacement or future order.

Promotional items are available only while supplies last; ARK Outdoors does not issue rain checks for items that run out of stock.

ARK Outdoors can, at its sole discretion, extend or terminate a promotion at any time.

Modifications to site

Ark Outdoors reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.

Postage and Delivery Terms and Conditions

  1. Shipping costs are calculated at checkout. If your order is above $100 then you are eligible to receive free shipping across Australia.
  2. Delivery excludes PO Box addresses, Parcel lockers and is via various carriers with Authority To Leave option only, so please ensure your delivery drop address is secure. Please note that ARK Outdoors will not accept liability for ANY lost, damaged, or stolen orders, or orders destroyed by pets.
  3. All items are delivered with authority to leave (safe drop). If deemed unsafe by the carrier who is delivering the parcel or If no-one is available to take delivery of parcels too big for your letterbox, items will be carded for collection at the nearest depot.
  4. Care and Handling:

Items are packed with durable strength custom made packaging to protect the items inside on the journey to you. All items are checked prior to packing and handled with great care, to ensure that each item is dispatched in perfect condition. ARK Outdoors is not directly liable for any loss, theft, or damage to any goods whilst in transit; however if your item arrives damaged please contact us at support@arkoutdoors.com.au

  1. Delivery Delays:

The shipping time provided on this website indicate approximate shipping times only – they are not guaranteed delivery times. ARK Outdoors cannot be held responsible for delays in parcels arriving at their destinations. This includes, but is not limited to: delays with any nominated carriers or carrier agents/representatives, delays in processing and clearance, delays resulting from industrial strikes/protests/wars/natural disasters, road, traffic or busy periods with freight companies.

  1. Change of Address:

The shipping address for your order is shown in the checkout and on your order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only made until the order begins processing. ARK Outdoors cannot make changes to addresses once the item has been dispatched. ARK Outdoors takes no responsibility for orders shipped to an incorrect or invalid address and is not liable for any loss associated.

Warranty & Returns Policy

30 Days money back guarantee

ARK Outdoors is committed to customer satisfaction. We offer a change of mind 30-day money back guarantee. If for any reason you have changed your mind on the purchase of your product within 30 days you can contact our support team and organise to return the product to exchange it for a similar product, get a refund or return it for credit toward your next purchase.

All items must be unused, in original condition, to be returned in their original packaging with tags and labels attached and within 30 days of the purchase date. ‘Change of mind’ returns after 30 days of purchase will not be accepted.

For all returns, the customer will need to email returns@arkoutdoors.com.au to get the RA# from our office which will then need to be quoted on the parcel and return documentation.

If you’re returning your item(s) as a result of changing your mind, you’ll be responsible to cover the cost of return delivery. We reserve the right to charge a minimum 15% re-stocking fee on all returns. Where we have offered free delivery on the original purchase, we reserve the right to charge the actual shipping cost and deduct this amount from the refund amount upon return.

All items will be checked upon return before processing the refund. If the item(s) are not received into our warehouse or store in the original condition (unopened, unused, all tags and labels attached) we won’t be able to offer a refund.

Special Order Items

Products that are specially ordered non-stock items, custom made, bulk quantity, or corporate special orders cannot be exchanged/refunded.

Warranty Information

Every product you purchase from ARK Outdoors is from the original manufacturer or approved distributor and comes with a full manufacturer’s warranty. Warranty periods differ between brands and products, so please check the warranty terms and conditions for your specific product. You’ll be able to find the warranty timeframe on each product page, under the Warranty Policy tab.

Most repairs are carried out by the manufacturer and not by ARK Outdoors. In some cases, faulty items cannot be repaired and a replacement or store credit will be offered. ARK Outdoors cannot control the availability of parts of replacement goods.

ARK Outdoors has no control over manufacturer warranty periods, nor can we control repair periods and cannot advise what they will be. We will however do everything we can to ensure your faulty item is handled as quickly as possible and that you are informed throughout the process. In cases where you have returned goods directly to the manufacturer, ARK Outdoors cannot be held accountable for repair periods or communication from the manufacturer. We do not refund postage, or cover the cost of return postage on warranty claims, as your warranty is a manufacturer warranty not an ARK Outdoors warranty.

If you want to put a warranty claim on a faulty item, then please contact our team at support@arkoutdoors.com.au.

Refunds & Returns

Returns must be in unused, original condition, to be returned in their original packaging with tags and labels attached unless faulty.

Faulty goods will be dealt with as per the manufacturer’s warranty and terms.

Due to health regulations, we are unable to exchange or refund on any underwear purchase unless faulty within the manufacturer’s warranty period.

We recommend sending returns via registered post or courier as we do not accept responsibility for lost items.

We will happily exchange or refund your item provided the item and its packaging are unused, in original condition with tags and labels attached and within the returns policy time frame.

Return shipping costs are the customer’s responsibility. We reserve the right to charge a minimum 15% re-stocking fee on all returns.

Where we have offered free delivery on the original purchase, we reserve the right to charge the actual shipping cost and deduct this amount from the refund amount upon return.

Gift cards, promo codes and promo prices cannot be applied to exchanges.

Returns must be made within the timeframe listed on the returns page unless faulty.

Any items returned outside of the returns period (unless faulty) or items returned damaged or soiled (unless faulty) will not be accepted and will be the responsibility of the customer to retrieve. ARK Outdoors will not pay to return these items to you.

ARK Outdoors Messaging Terms & Conditions

This SMS message program is a service of ARK Outdoors. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, order status updates, sale notices, etc) from ARK Outdoors. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give ARK Outdoors permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. ARK Outdoors reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. ARK Outdoors also reserves the right to change the short code or phone number from which messages are sent and reserve the right to notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. ARK Outdoors, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the ARK Outdoors messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our ARK Outdoors Terms and Conditions and ARK Outdoors Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that ARK Outdoors and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from ARK Outdoors through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF ARK Outdoors OR ANY PARTY ACTING ON BEHALF OF ARK Outdoors BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO ARK Outdoors HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF ARK Outdoors HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE ARK Outdoors MESSAGING PROGRAM. ARK Outdoors AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless ARK Outdoors, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from ARK Outdoors or its service providers.

Dispute Resolution

  1. General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from ARK Outdoors or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND ARK Outdoors ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or ARK Outdoors to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and ARK Outdoors will be governed by the ACICA, under the Arbitration Procedures then in effect for ACICA, except as provided herein. ACICA may be contacted at www.acica.org.au. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. No Class Actions. YOU AND ARK Outdoors AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ARK Outdoors agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and ARK Outdoors are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
  5. No Class Actions. YOU AND ARK Outdoors AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ARK Outdoors agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if ARK Outdoors makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to ARK Outdoors’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and ARK Outdoors.
  7. Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from ARK Outdoors after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and ARK Outdoors concerning the Messaging Program.

Contact

Please contact us with any inquiries or concerns at sales@arkoutdoors.com.au or write to us at: PO Box 2413, Moorabbin, VIC 3189.

Privacy Policy for ARK Outdoors

At ARK Outdoors, accessible from www.arkoutdoors .com.au, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by ARK Outdoors and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us through email at support@arkoutdoors.com.au

We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.

Log Files

ARK Outdoors follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analysing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.

Cookies and Web Beacons

Like any other website, ARK Outdoors uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimise the users’ experience by customising our web page content based on visitors’ browser type and/or other information.

Privacy Policies

You may consult this list to find the Privacy Policy for each of the advertising partners of ARK Outdoors:

  • Google Analytics
  • Google Adwords
  • Optimonk
  • Hotjar
  • Drip

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on ARK Outdoors, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalise the advertising content that you see on websites that you visit.

Note that ARK Outdoors has no access to or control over these cookies that are used by third-party advertisers.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

Third Party Privacy Policies

ARK Outdoors’ Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.

Children’s Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

ARK Outdoors does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

Online Privacy Policy Only

This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in ARK Outdoors. This policy is not applicable to any information collected offline or via channels other than this website.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to our Terms and Conditions.