Most products are shipped from our location in Northwest Sydney. However some products may be shipped directly from the manufacturer to customer.

Yes pick up is available on request for items located at our workshop. Items sent directly from the manufacturer are delivery only.

Shipping policy

1. General
delivery

Delivery of
Products purchased from OGRE Overland (Delivery) is taken to occur at
the time that:

·        
you, or your
nominated carrier takes possession of the products at the relevant OGRE
Overland address;

·        
OGRE Overland
(or OGRE Overland’s nominated carrier) obtains a receipt or delivery docket
signed by a person at the nominated address; or

·        
OGRE Overland
(or OGRE Overland’s nominated carrier) delivers the products to your nominated
address, even if you are not present at the address.

Any delivery
date or time specified by us is a guideline or estimate only and OGRE Overland
will not be held liable for any loss or damage suffered as a result of any
delay in delivery. You agree that you will still accept delivery of the
products even if they are delivered on a different date and time. However, if a
Product is not delivered within a reasonable time after the estimated date,
please contact us.

All orders
will be delivered within usual business hours and cannot be delivered to a P.O.
box address.

Please ensure
your delivery address is accurate, as we do not accept any liability for
non-delivery or delayed parcels due to incorrect details and you may incur a
re-delivery fee.

1.1 Delivery
within Australia

Except for
pre-orders, we aim to deliver orders within Australia between 7 to 10 business
days from receipt of order, subject to stock availability.

Depending on
where you live, we use either Australia Post, StarTrack, Direct Couriers or an alternative carrier(s). Please note that all of these carriers may require you to sign for your delivery.

1.2 Other
international deliveries

Currently, we
do not ship to addresses outside of Australia.

Privacy policy

1. Introduction

OGRE Overland
is committed to providing you with the highest levels of customer service which
includes protecting the privacy of all stakeholders within the relevant local
statutory requirements.

At OGRE
Overland, protecting your privacy when handling your Personal Information is
very important to us and is fundamental to the way we serve you. We respect
your Personal Information and your right to privacy.

This Privacy
Policy (Policy) outlines how your information is collected, used and
disclosed when you access or use any of our Services as defined in our Terms
and Conditions (Terms), including but not limited to collection via
websites operated by or on behalf of OGRE Overland.

This Policy is
incorporated by reference into our Terms. Any capitalised terms not defined in
this Policy are defined in the Terms. You agree to comply with all Terms when
accessing or using our Services, including this Policy.

2. Personal
Information

We may collect
Personal Information (which may include Sensitive Information), as defined in
the Privacy Act 1988 (Cth) or similar legislation ( Privacy
Act) when you use our Services.

3. Uses and
Sharing

We use
Personal Information you provide only for purposes consistent with the reason
you provided it, or for a directly related purpose as set out in this Policy.
Generally, we will not use your Personal Information to market to you unless we
have either your implied or express consent. In situations where it is
impractical to obtain your prior consent, we will ensure you have an ability to
opt out of future such communications.

We do not
share your Personal Information with other third party organisations, unless
you give us your express consent, or where sharing is otherwise required or
permitted by law, or where, if necessary, on a temporary basis to enable our
contractors to perform specific functions. 

4. How we
collect Personal Information and what information is collected?

We collect and
use Personal Information in a number of ways as outlined below.

5. Personal
Information provided by you

We collect
Personal Information provided directly from you, for example, when you provide
information by phone, in application forms or other agreements, or when you
submit your personal details through our websites (e.g. during registration).

The kinds of
Personal Information we collect include your contact and payment information
such as your name, email address, organisation, address, phone number,
mobile number, password, billing information and credit card information. We
also collect information about the products you purchase from us.

6.  Personal
Information provided by third parties

We may collect
your Personal Information from third parties such as our related companies,
credit reporting agencies, your representatives or from the organisations
identified under 'When we disclose your Personal Information', such as your
contact information or credit history.

We may also
collect information about you from publicly available sources of information to
verify your identity, such as via the Australian Securities and Investments
Commission (if you are a company), for example to confirm your company name and
numbers and registered address.

By agreeing to
this Policy, you acknowledge and consent to the collection of such information
from these third parties.

7. Personal
Information collected automatically and via cookies

We may
automatically collect information from the device you use to access or use the
Services, including your IP address, browser and device type, internet service
provider, mobile phone carrier, platform type, the site from which you came and
the site to which you are going when you leave our website, date and time stamp
and cookies that may uniquely identify your browser or account.

When accessing
our Services using a mobile device, we may collect information such as
identification numbers associated with your device, mobile carrier, device type
and manufacturer, and, if enabled, geographical location data (including GPS).
Please note that some of the information we collect, for example an IP address,
can sometimes be used to approximate a device's location;

Our Services
may use small pieces of data called cookies, which are used to identify a user
who engages with our website and to compile records of a user’s history of
engaging with our website, which do not usually contain information that
personally identifies a person, but each time the user visits the website, the
browser sends the cookie data back  to  the  server 
to  notify  the  system  of  the  user's previous
activity.

Our Services
may also use Google Analytics or equivilent, which allows us to anonymously
track the use of our website by recording the number of users who have visited,
the number of pages viewed, navigation patterns, what systems users have and
the date and time of visits through cookies. This information is collected
for statistical purposes only and cannot be used to identify you.

8. Personal
Information collected as required by law

From time to
time, we may be required by law to collect and maintain records about you, such
as whether you have opted in or out of our mailing lists or purchase records
for financial reporting purposes.

9. Security of
Information

We take
reasonable steps to maintain the security and integrity of your Personal Information.

No credit card
details are stored locally or attached to a user’s name or profile.

10. How we use
your Personal Information

We collect
your Personal Information as outlined in this Policy for the purposes described
below:

·        
for provision
of the Services;

·        
for
administration and maintenance of our Services, including order fulfilment,
delivery, charging, billing and collecting debts;

·        
for processing
payments for purchases that you make from us;

·        
in order to
verify your identity and conduct appropriate checks for credit-worthiness and
for fraud;

·        
for
communication with you and to provide messaging and/or communications to you in
association with the functions and features of the Services;

·        
for
communicating to you any announcements and updates, updated terms, conditions
and policies, security alerts, technical notices, purchase confirmation,
invoices, support and administrative messages;

·        
for analysis,
monitoring, development and improvement of our Services, including other
products or services;

·        
to maintain
and develop our business systems and infrastructure;

·        
to gain a
better understanding of your information and communication needs in order for
us to provide you with a better service;

·        
for security
purposes, including to protect the Services and our property from abuse, fraud,
malicious, unauthorised access or potentially illegal activities, and to
protect our rights, safety and property and that of our other users; and

·        
for the
performance of other functions as may be otherwise be described at the time of
collection  or as consented to in relation to our services.

11. When we
disclose your Personal Information How we use your personal
information

Disclosure of
your Personal Information will occur in accordance with the purpose for which
it was collected or as outlined in this Policy. Accordingly, your Personal
Information may be disclosed to other individuals and companies as outlined
below:

12. OGRE
Overland

Your Personal
Information may be accessed by us, including our directors, employees, officers
and contractors and by other entities within OGRE Overland.

13. Parties
required by law or for legal purposes

Your Personal
Information may be disclosed by us to any party to whom we are required by law
to provide your Personal Information and to any party to whom disclosure is
permitted under the Australian Privacy Principles.

We may also
share your Personal Information where we have reason to believe that doing so
is necessary to identify, contact or bring legal action against anyone
damaging, injuring, or interfering (intentionally or unintentionally) with our
rights or property, users, or anyone else who could be harmed by such
activities.

14. Other third
parties

We may
share your Personal Information with third parties if it is reasonably related
to the provision of our Services. The third parties that we may share your
Personal Information with includes consultants and other service providers to
us that perform services on our behalf. Such services we procure may include
identifying and disseminating advertisements, delivery of goods, enforcement of
our terms and conditions, providing fraud detection and prevention services,
processing payments or providing analytics services. We may also share your
Personal Information with our business partners who offer goods or services to
you jointly with us (for example, contests or promotions).

We may also
share your Personal Information with third parties with your consent in a
separate agreement, in connection with any company transaction (such as a
merger, sale of assets or shares, reorganisation, financing, change of control
or acquisition of all or a portion of our business by another company or third
party) or in the event of bankruptcy, dissolution, divestiture or any related
or similar proceedings.

Note that we
reserve the right to share your Personal Information with other third parties
where, in our sole discretion, it is required to:

·        
investigate
and defend ourselves against any third party claims or allegations;

·        
protect
against harm to the rights, property or safety of OGRE Overland,its users or
the public as required or permitted by law; and

·        
detect,
prevent or otherwise address criminal (including fraud or stalking), security
or technical issues.

In addition,
we may disclose your Personal Information to:

·        
your
authorised representatives or your legal advisers (e.g. when requested in
writing by you to do so);

·        
credit-reporting
and fraud-checking agencies;

·        
credit
providers (for credit related purposes such as credit-worthiness, credit
rating, credit provision and financing);

·        
our dealers;

·        
our related
companies;

·        
our
professional advisers, including our accountants, auditors and lawyers;

·        
government and
regulatory authorities and other organisations, as required or authorised by
law; and

·        
organisations
who manage our business and corporate strategies, including those involved in a
transfer/sale of all or part of our assets or business (including accounts and
trade receivables) and those involved in managing our corporate risk and
funding functions (e.g. securitisation).

15. Overseas disclosure

Please note
that some of the parties listed above to whom your Personal Information may be
disclosed, may be located overseas. We do not take responsibility for the
privacy practices of such individuals and cannot guarantee their
adherence to Australian Privacy Principles, however use reasonable endeavours
to ensure that the Personal Information which we disclose not be held, used or
disclosed   by the overseas third party inconsistently with the
Privacy Act. You acknowledge and consent to disclosure of Personal Information
to such overseas recipients.

16. Third Parties

The Services
may contain links to third party websites. These websites are governed by their
own privacy policies and we recommend that you make your own enquiries as to
their privacy policies. We do not make any representation about and are
not liable for any information on, or the privacy practices of, any
third-party websites, whether or not linked from our Services. We recommend you
review the privacy policies of each site you visit.

17. Amendments

We reserve the
right to amend this Policy from time to time as we see fit. While we endeavour
to notify you as soon as reasonably possible of any changes to our Policies by
email or by a notice on our website, it is your responsibility to keep up to
date with any changes or amendments by checking this page prior to using our
Services. This page contains our most accurate and up to date version of our
Privacy Policy.

18. Help us to
ensure we hold accurate information

We take
reasonable steps to ensure that the Personal Information we collect, use and disclose
is accurate, complete and up-to-date. However, the accuracy of that information
depends to a large extent on the information you provide. That's why we
recommend that you:

·        
let us know if
there are any errors in your Personal Information; and

·        
keep us
up-to-date with changes to your Personal Information such as your name or
address. If you are registered with us, you may update change your details by using 
the  relevant facility on our websites.

19. Your
rights

You may
interact with us anonymously where this is lawful and practicable. You have the
right to request access to the Personal Information you provide, and to correct
or update your Personal Information.  This right is subject to certain
exceptions allowed by law. You may instruct us to remove any previous consent
you provided to receive marketing communications from us.

20. You can
access your Personal Information

You have a
right to access your Personal Information, subject to some
exceptions allowed by law.  If you would like to access your Personal
Information, please let us know. You may be required to put your request
in writing for security reasons.

21. Reading Down

If part or all
of any paragraph of this Privacy Policy is illegal, invalid or unenforceable:

·        
it will be
read down to the extent necessary to ensure that it is not illegal, invalid or
unenforceable, including but not limited to; but if that is not possible

·        
it will be
severed from this Privacy Policy and the remaining provisions of this Privacy
Policy will continue to have full force and effect, and the parties will
attempt to replace that severed part with a legally acceptable alternative
clause that meets the parties’ original intention in relation to the subject
matter severed.

22.
Jurisdiction

The Terms and
this Privacy Policy are governed by the laws of New South Wales,
Australia.  You irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts operating in New South Wales and its appellate
courts.  Although the Services may be accessed throughout Australia and
overseas, we make no representations or warranties that its content complies
with the laws (including intellectual property laws) of any country outside
Australia. If you access this website from outside Australia, you do so at your
own risk and are responsible for ensuring compliance with all laws in the place
where you are located. 

Similarly, if
the courts in your country will not permit you to consent to the jurisdiction
and venue of the courts in New South Wales, Australia, then your local
jurisdiction and venue will apply to such disputes related to this Privacy
Policy.

23. How to
contact us

OGRE Overland
is committed to working with its customers to obtain a fair resolution of any
complaint or concern about privacy. To contact us with a compliment or
complaint or a privacy question, you can:

Write to us
at:



OGRE Overland

Attention: Privacy Officer

privacy@ogreoverland.com.au

Refund policy

1. Returns

All sales are
final on our Products, except where:

·        
a Product is
faulty;

·        
if a Product
does not do what it is supposed to do;

·        
if incorrect
Products were dispatched from us; or

·        
if otherwise
required under Australian Consumer Law.

We do not
offer refunds or exchanges if you change your mind or if you purchase the wrong
model/size (except as required under Australian Consumer Law).

Please contact
OGRE Overland if you have a return enquiry, with details of your return and
proof of purchase.  If a return is required, OGRE Overland will issue a
Return Authorisation Number and shipping instructions (Return Authorisation). 
Please ensure that you have received a Return Authorisation as OGRE Overland
will not be responsible for any lost and/or unauthorised returns.

If the
Australian Consumer Law does not apply, we will rectify our failure to deliver
the Products in the quantity or description of your order, if:

·        
you notify us
of the failure within 14 days of the delivery giving us the details we request;

·        
you have not
cut or used the Products; and

·        
the Products
are in a new condition and in original packaging.

You must pay
the initial cost of return shipping in accordance with OGRE Overland’s shipping
instructions.  Once OGRE Overland determines that the product is faulty or
that a return is required under the Australian Consumer Law, we will reimburse
you for such return shipping costs.

Please ensure
that you adhere to our Shipping Policy regarding returns as you are responsible
for the returned products until we receive them, and we will not accept any
liability for any products that are lost

1.1 Australian
Consumer Law

Our Products
come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the Products repaired or replaced if the Products fail to be
of acceptable quality and the failure does not amount to a major failure.

We will honour
our obligations under the Australian Consumer Law.

We recognise
that in some countries, you might have legal rights as a consumer. If you are
using our Products for a personal purpose, then nothing in these terms or any
additional terms limits any consumer legal rights which may not be waived by
contract.

1.2
Manufacturer’s Warranty

Some Products
may come with a Manufacturer’s Warranty, which operates in addition to your
rights under Australian Consumer Law.  Please check the advertised
Manufacturer’s Warranty period for each specific product.  The
Manufacturer’s Warranty period commences at the time of purchase as specified
on your receipt for purchase.  Spare parts are sold without a
Manufacturer’s Warranty unless advertised otherwise.  All freight
costs associated with return of product for assessment under a Manufacturer’s
Warranty is payable by the consumer until such time as we deem the item to be
faulty.

Terms of service

1. Introduction

By accessing or using our Services,
you agree to be legally bound by these Terms, including offering to purchase
goods via our Services ( Products).  By agreeing to these
Terms, you are entering into a legally binding agreement with OGRE Overand
(referred to as OGRE Overland, we or us), and you
agree to comply with any and all applicable laws and regulations, whether
domestic or international.

You warrant and represent to us that
you have read, understand and agree to be bound by these Terms and that you
have the right, authority and legal capacity to enter into a legally binding
agreement and to abide by these Terms.

All OGRE
Overland terms and policies, including our Privacy Policy are
incorporated into these Terms. You agree to comply with all such Terms when
accessing or using our Services. 

2. Permissions

You agree to
allow OGRE Overland to send you emails regarding the Services, including any
information regarding or relating to our goods and services, in accordance with
our Privacy Policy.

You agree that
you are responsible for your access to the Services and for ensuring that any
persons that may access the Services through your internet connection are aware
of and compliant with, these Terms.

You warrant
and represent to us that your use of the Services will comply with all
applicable laws and regulations in Australia, in your State/Country, in the
location that you access the Services and otherwise where applicable, and that
you will not use our Services for any activities that are unlawful,
discriminatory or harmful to others, or for any activity that does, or may,
violate the rights of others.

When you
provide your details to us, you warrant and represent that the details are
accurate and that you are the account holder or authorised nominee of the
contact number that you provide to us.  You consent in advance to be
contacted during our usual business hours (including in relation to customer
service matters, order confirmation/assistance, product offers and/or other
promotional purposes) and to receiving marketing and promotional materials via
electronic communication to the contact details provided in accordance with our
Privacy Policy.

You may be
required to register an account with OGRE Overland.  You agree that you
are liable for any use of a OGRE Overland account and that such use of your
account is authorised by you.  You must ensure to keep your username and
password secure and notify us immediately if you notice any suspicious activity
on your account.

3. Products

3.1         
Product images

Whilst we have
made every attempt to show textures, appearances and colours of our products as
accurately as possible on our website, product images may vary from the
delivered product depending on your monitor, settings and computer equipment.

Colours
depicted should be used as a guide only - we have made every effort to display
the colour of our products as accurately as possible.  Due to our
policy of continual product development, the specifications, colours
and features may vary.

Unless
otherwise stated, any additional products 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.

3.2         
Product availability

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

Where we
cannot fulfil your order, or 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 all or 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, cancel your order or select an alternative product. If you do
not vary or cancel your order within 1 business day of notification you are
deemed to have accepted the delay.

In respect of
any products, we reserve the right to limit the sale of products to reasonable
or normal household quantities unless you are an approved wholesale customer.

3.3         
Product recalls and bans

If a Product
is subject to a recall or ban, you agree to follow any reasonable instructions
provided by us regarding return or destruction of such product and you consent
to us contacting you and you agree to inform any end-user of a product
purchased from OGRE Overland, including any gift recipient, of any recall
applicable to such Product.

4.
Intellectual Property

All text,
graphics, user interfaces, photographs, trademarks, logos, and artwork
including but not limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of such content, contained on or in
our Services and Website are owned by, or licensed to OGRE Overland, and are
protected by copyright, patent and trademark laws, and various other intellectual
property rights. 

You may access
and use the information provided by OGRE Overland on this Website, on a
limited, revocable, non-sublicensable licence, for your personal,
non-commercial informational purposes. If you wish to use any of the
information provided by the OGRE Overland for any commercial purpose you must
obtain our prior written consent.  No content may be downloaded, copied,
reproduced, republished, 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, without the prior written consent of OGRE Overland.

Unless
explicitly stated herein, nothing in these Terms may be construed as conferring
any licence to, or assignment of, any of OGRE Overland’s intellectual property
rights, whether by estoppel, implication or otherwise. OGRE Overland reserves
all rights not expressly granted in the Services.

5.
Unauthorised access and malicious materials

You agree and
acknowledge that your login may allow for multiple users and that you are
responsible for setting up permissions and access restrictions on your profile
for such users.  You agree that we will not be liable for any loss, damage
or injury incurred by you in connection with any unauthorised access to your
account or the information contained within your profile including any
unauthorised orders placed using your login credentials.

You must not
attempt to, or actually gain, unauthorised access to our Website, the server on
which our Website is stored or any server, computer or database connected to
our Website.  You agree that you will not cause harm to our Website or
Services by hacking, phishing, introducing viruses, trojans or other programs,
scripts or material that may be malicious or technologically harmful to us, our
Website, Services or other users of our Services.

To the maximum
extent permitted by law, we will not be liable for any losses or damage
whatsoever (including indirect or consequential loss, loss of profit or
goodwill), whether in contract, tort or otherwise caused by any malicious or
harmful programs, scripts or technologies that may affect our Website as
aforementioned, system failures or any other harmful material that may infect
your computer, device, programs, data or other proprietary material and you
release us from any such liability.

6. Third
Parties

Our Services
may, from time to time, contain links to and from Websites which are owned or
operated by other parties.  Links on the Website to third parties do not
constitute sponsorship, approval or endorsement of the content, policies,
practices or services offered by those parties unless expressly stated by us in
writing. Third party websites are governed by their own terms and conditions
and privacy policies and we recommend that you make your own enquiries as to
their terms.  We do not accept any liability for any information on, or
the privacy practices of, any third party websites.

7. Limitation
of Liability 

To the maximum
extent permitted by law, OGRE Overland, nor any of its employees or agents,
will be liable for any loss, damage or injury whatsoever (including for
negligence, death, injury or illness and special, indirect or consequential
loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss
of opportunity, unavailability of systems or loss of data), whether in
contract, tort or otherwise, arising from or in connection with:

·        
any act,
omission or negligence or the use of, or reliance on, information, comments or
opinions contained obtained through or in our Services;

·        
any, use of
the information on or access to Services including if for any reason our
Website is unavailable at any time or for any period;

·        
any errors in,
or omissions from, the information contained on the Website;

·        
any Products
supplied by OGRE Overland; or

·        
these Terms or
any breach of these Terms.

You understand
and agree that you are responsible for your own acts, omissions and negligence
and if there are any consequences to your acts, omissions or negligence or through
your use of the Services, that you will be responsible for those consequences.

Because some
countries, states or jurisdictions do not allow the exclusion or the limitation
of liability for consequential or incidental damages, in such countries, states
or jurisdictions, OGRE Overland’s liability shall be limited to the extent such
limitation is permitted by law in the relevant country, state or jurisdiction.

We will honour
our obligations under the Australian Consumer Law.

We recognise
that in some countries, you might have legal rights as a consumer. If you are
using the Products for a personal purpose, then nothing in these terms or any
additional terms limits any consumer legal rights which may not be waived by
contract.

This clause
survives termination of these Terms.

8. Disclaimer
of Warranty 

OGRE Overland
provides the Website and its contents on an “as is” basis and use of this
information is at your own risk.  While we aim to update our Website
regularly, neither OGRE Overland, 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. Because some
jurisdictions do not allow the exclusion of implied warranties, the above
exclusion of implied warranties may not apply to you.

We reserve the
right to restrict access to parts of the Website or the entire Website, change
or withdraw any Products, information or content featured on this Website or
provided through our Services without notice.  You acknowledge and agree
that we retain complete editorial control over our Website and may alter, amend
or cease the operation of the Website at any time in our sole discretion.

9. Release and
Indemnity 

You agree to
release and indemnify and hold OGRE Overland 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 purchase or use of Products from OGRE
Overland, your use or access of the Website and Services, or any access to the
Services by a third party arising out of your breach of these Terms, or your
violation of any law or the rights of a third party, including, but not limited
to, losses we incur due to:

·        
any
cancellation of an order by you or any return of any Products (except where
required by Australian Consumer Law);

·        
any breach of
these Terms by you;

·        
any default or
delay of payment by you;

·        
any action we
take against you;

·        
any legal
costs incurred by us due to your fault; or

·        
any claim that
we have infringed any Intellectual Property in connection with any
made-to-order Products.

 You must
pay to us, on demand, for any such claims, demands, proceedings, losses and
damages.

This clause
survives termination of these Terms.

10. Amendments
and correction of errors

OGRE Overland
reserves the right to amend these Terms from time to time as it sees fit. 
Any amendments or changes to these Terms are effective from the date on which
the amended terms are published except in relation to orders placed prior to
the publication of any varied terms.   

Whilst we
endeavour to notify you as soon as reasonably possible of any changes to our
Terms by email or by a notice on our Website, it is your responsibility to keep
up to date with any changes or amendments to these Terms by checking this page,
which contains our most accurate and up to date version of our Terms.

OGRE Overland
reserves the right to amend any errors in the Services, including any pricing
errors, and amend any prices and products, at any time without notice to you.

11. General

Waiver: Any failure or delay
by OGRE Overland in exercising a power or right (either wholly or partially) in
relation to these Terms does not operate as a waiver or prevent OGRE Overland
from exercising that power or right or any other power or right.  We are
not liable to any other party for any loss, cost or expense that may have been
caused or contributed to by the failure, delay, waiver or exercise of a power
or right.  This clause survives termination 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 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 OGRE Overland will not be held
liable for any delay or failure in performance of any part of the Services or
delivery of Products.

Severability: If any part of these Terms
is determined to be by a court of competent jurisdiction to be invalid or
unenforceable, that part shall be severed from the Terms.  Such invalidity
does not affect the validity of the remaining provisions of these Terms. 
This clause survives termination of these Terms.

Termination: OGRE Overland may
terminate these Terms and the Services, in its absolute discretion, at any time
and without notice to you.

Relationship: These terms do not confer
an agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship between OGRE Overland and you or any other
party unless expressly stated otherwise.

Entire
agreement: These Terms
(and all other terms and conditions and policies that are incorporated by these
Terms) and any additional policies or terms you have agreed to through use or
access of our Services make up the entire agreement, and supersede all prior
written and oral agreements, representations, undertakings and understandings. 
This clause survives termination of these Terms.

Jurisdiction: These Terms are governed
by the laws of New South Wales, Australia.  You irrevocably and
unconditionally submit to the exclusive jurisdiction of the courts operating in
New South Wales and its appellate courts.  Although the Services may be
accessed throughout Australia and overseas, we make no representations or
warranties that its content complies with the laws (including intellectual
property laws) of any country outside Australia. If you access this website
from outside Australia, you do so at your own risk and are responsible for
ensuring compliance with all laws in the place where you are located. 

Similarly, if
the courts in your country will not permit you to consent to the jurisdiction
and venue of the courts in New South Wales, Australia, then your local
jurisdiction and venue will apply to such disputes related to these terms.

This clause
survives termination of these Terms.

Interpretation: In these Terms, headings
do not affect interpretation; the singular includes the plural and vice versa;
person includes a firm or body corporate, an incorporated body, association or
authority; a reference to a person includes its executors, administrators,
successors and permitted assigns; and where two or more persons are a party,
they are bound jointly and severally.

Reading Down:
If part or all of any clause of these Terms is illegal, invalid or
unenforceable:

·        
it will be
read down to the extent necessary to ensure that it is not illegal, invalid or
unenforceable, including but not limited to; but if that is not possible

·        
it will be
severed from these Terms and the remaining provisions of these Terms will
continue to have full force and effect, and the parties will attempt to replace
that severed part with a legally acceptable alternative clause that meets the
parties’ original intention in relation to the subject matter severed.

12.
Definitions

In these
Terms, capitalised terms have the following meanings unless the context
requires otherwise:

Australian
Consumer Law means Schedule
2 of the Competition and Consumer Act 2010 (Cth) or similar
legislation.

OGRE Overland means OGRE Overland
(ABN 23 679 127 764)
including its successors, assignees, subsidiaries, associates and related
bodies corporate (defined in the Corporations Act 2001 (Cth));

Manufacturer's
Warranty means a warranty against defects as defined under the Australian Consumer
Law;

Services means Products and
services provided by OGRE Overland, including access and use of its Website,
pages owned or operated by OGRE Overland on social media websites and other
platforms; orders and invoices for Products and services, and Products and
services offered or supplied by OGRE Overland, including but not limited to
creating an account with OGRE Overland, through which purchases are made, purchasing
Products or services through a Website and use of a contact form located on a
Website.

Terms means
these Website Terms and Conditions, including the Privacy Policy and all other OGRE
Overland terms and conditions or policies.

Website means
a Website owned or operated by OGRE Overland from time to time, including but not
limited to:

·        
ogreoverland.com.au;

·        
ogreoffroad.com.au;

PURCHASE TERMS AND CONDITIONS

These Purchase
Terms and Conditions ( Purchase Terms) are incorporated by
reference into the General Website Terms of Use and form a legally binding
agreement.

Any
capitalised terms in these Purchase Terms which are defined in the General Website
Terms of Use have the same meaning as in the General Website Terms of Use,
unless otherwise stated.

Different
terms may apply to you, depending on whether you are purchasing from OGRE
Overland as a Wholesale Account Customer, Wholesale Customer or a Retail
Customer.  Please ensure to carefully read these Purchase Terms to ensure
that you are aware of the terms and conditions that apply to you.

A. Wholesale
Account Customer

You are a
Wholesale Account Customer if you have a credit account with OGRE Overland.

If you are a
Wholesale Account Customer, the Wholesale Account Terms apply in addition to
the General Website Terms, except as between OGRE Overland and you.  OGRE
Overland shall replace "OGRE" (and related terms, such as www.ogreoverland.com.au, will be replaced with the
relevant equivalent) in the Wholesale Account Terms as party to the Wholesale Account
Terms. 

B. Wholesale
Cash Customer

You are a
Wholesale Cash Customer if you have a wholesale account with OGRE Overland
but do not have a credit account with OGRE Overland.

If you are a
Wholesale Cash Customer, the Wholesale Account Terms apply in addition to the
General Website Terms, except as between OGRE Overland and you.  OGRE
Overland shall replace "OGRE" (and related terms, such as www.ogreoverland.com.au, will be replaced with the
relevant equivalent) in the Wholesale Cash Terms as party to the Wholesale
Account Terms and except as set out below.

For the
avoidance of doubt and despite Clause 1 of the Wholesale Account Terms, the
terms set out in these Purchase Terms prevail over any inconsistencies between
the Wholesale Account Terms and these Purchase Terms.

1. General

The Wholesale
Account Terms is a legally binding agreement between OGRE Overland and
you.  If you are a Wholesale Cash Customer, the following changes will be
made to our standard Wholesale Account Terms.

2. Clause 2 of
the Wholesale Account Terms is replaced with the following:

2, Pricing
will be displayed in the Services and are inclusive of GST, unless otherwise
specified.  Displayed pricing may not include delivery charges (if
applicable) and such fees are either estimated at check-out or provided in an
Invoice issued to you after placing your order.

Prices of
products, as well as delivery and any other charges displayed on our Website
are current at the time of issue but may change at any time and are subject to
availability.

Full payment
in cleared funds, without any set-off, counterclaim or any withholding, is due
at the time of check-out of your order, by the payments methods approved by OGRE
Overland (subject to amendment from time to time in OGRE Overland’s sole
discretion). 

You are
responsible for any taxes, duties or other liabilities imposed by any
government agency, including, without limitation, any goods and services taxes
or any value added tax imposed on any goods or services acquired or ordered by
you in the Services.  Where applicable, you must pay any such taxes,
duties or other liabilities, without deduction or set off of any other amounts,
at the same time and on the same basis as you pay the purchase price.

3. Clause 6,
7, 14, 17 and 18 of the Wholesale Account Terms are deleted.

C. Retail Customer

4. Orders,
rights, cancellation and pre-orders

4.1 Orders

You are a
retail Customer if you are not a Wholesale Account Customer or a Wholesale Cash
Customer in which case these additional provisions will apply to you.  An
order for Products is accepted upon the later of the following to occur:

·        
you have
submitted your order;

·        
you have paid
the purchase price in full, including any taxes, duties and shipping costs; and

·        
we have issued
an order confirmation.

4.2 
Rights in relation to an order

OGRE Overland
reserves the right to:

·        
accept or
reject your order or a part of your order for any reason, including, without
limitation, the unavailability of any product, limitations on quantities
available for purchase, inaccuracies or errors in product or pricing
information, or problems identified by our credit and fraud avoidance
department, or an error in your order;

·        
request
identification from you, including photo ID or any other such documentation for
verification purposes before we process your order;

·        
cancel an
order at any time, for any reason; or

·        
restrict the
quantity or total value of products available for purchase to each person or address.

Where we
exercise the rights above, we will notify you by email and suggest an
alternative product, remove an item from an order or provide a refund of the
purchase price where applicable and OGRE Overland shall not be liable for any
loss or damage whatsoever arising from such exercise of rights.

4.3 Amendments
and cancellations

You may write
to OGRE Overland to obtain permission to amend an order. However, OGRE Overland
reserves the right to reject an amendment request for any reason. If you
require additional assistance, please email or telephone us, and discuss the
matter with our customer service team who will then receive permission to
change the order.  If an order has already been despatched, then
postage/freight costs will apply.

Please note
that you cannot cancel or amend an order once it has been placed (except as
required by Australian Consumer Law).

If you are
entitled to cancel an order, to the maximum extent permitted by law, you agree
that you will be liable for any and all loss incurred (whether direct or
indirect) by OGRE Overland as a direct result of the cancellation (including,
but not limited to, any loss of profits).

4.4 Pre-orders

Where you have
placed a pre-order for OGRE Overland products, you acknowledge and agree that
you will be charged the full purchase price of the products at the time of
placing the order or as specified in an invoice issued by OGRE Overland to you
( Invoice).  If an order is cancelled or unable to be
fulfilled, then to the maximum extent permitted by law, your sole remedy will
be a refund of the price paid to OGRE Overland.  You agree that you cannot
cancel a pre-order once it has been accepted by OGRE Overland.

OGRE Overland
may specify an approximate estimate for delivery of a pre-order.  If a
pre-order is not ready to be shipped within a reasonable time after such
estimate, you may request cancellation of the pre-order or part of the
pre-order in writing to OGRE Overland and OGRE Overland may, in accordance with
Australian Consumer Law, accept or reject such cancellation.

5. Prices and
payment

We reserve the
right to vary, amend, add or remove payment methods, prices or Products offered
in the Services from time to time in our sole discretion as we see fit, without
notice. Such changes will not affect orders submitted before the change was made.
You must not pay, or attempt to pay, for an order through any fraudulent or
unlawful means.  If your payment is not able to be successfully processed,
or if we, in our sole discretion, suspect that it has been paid for using any
fraudulent or unlawful means, we may cancel the order.

5.1 Prices

Unless
specified otherwise, prices displayed on our Australian Websites are shown in
Australian dollars (AUD) and are inclusive of GST.  You are responsible
for any taxes, duties or other liabilities imposed by any government agency,
including without limitation, any goods and services taxes or any value added
tax imposed on any product or services acquired or ordered by you from this
Website.

Displayed pricing
will include delivery charges (if applicable) and such fees are provided at
check-out.

Prices of
products, as well as delivery and any other charges displayed on our Website
are current at the time of issue but may change at any time and are subject to
availability.

6. Delivery
and shipping

6.1 General
delivery

Delivery of
Products purchased from OGRE Overland (Delivery) is taken to occur at
the time that:

·        
you, or your
nominated carrier takes possession of the products at the relevant OGRE
Overland address;

·        
OGRE Overland
(or OGRE Overland’s nominated carrier) obtains a receipt or delivery docket
signed by a person at the nominated address; or

·        
OGRE Overland
(or OGRE Overland’s nominated carrier) delivers the products to your nominated
address, even if you are not present at the address.

Any delivery
date or time specified by us is a guideline or estimate only and OGRE Overland
will not be held liable for any loss or damage suffered as a result of any
delay in delivery. You agree that you will still accept delivery of the
products even if they are delivered on a different date and time. However, if a
Product is not delivered within a reasonable time after the estimated date,
please contact us.

All orders
will be delivered within usual business hours and cannot be delivered to a P.O.
box address.

Please ensure
your delivery address is accurate, as we do not accept any liability for
non-delivery or delayed parcels due to incorrect details and you may incur a
re-delivery fee.

6.2 Delivery
within Australia

Except for
pre-orders, we aim to deliver orders within Australia between 3 to 10 business
days from receipt of order, subject to stock availability.

Depending on
where you live, we use either Australia Post, Toll Ipec, Couriers Please, Star
Track, Direct Couriers or an alternative carrier(s). Please note that all of
these carriers require you to sign for your delivery.

6.3 Other
international deliveries

Currently we
do not ship to addresses outside of Australia.

7. Risk and
title

If you or your
freight company are collecting the products from us, risk of damage to or loss
of the Products passes on to you and you must adequately insure the Products on
or before the Products are collected from our warehouse and you must provide us
with evidence of such insurance before we release the Products.  If we are
arranging delivery of the Products, then risk of and title to the Products
passes to you upon Delivery.

8. Promotions
and discounts

Unless
otherwise stated, promotional offers, including but not limited to store-wide
discounts, package deals and coupons (Promotional Offers), cannot be
used in conjunction with any other offer.

OGRE Overland
reserves the right to:

·        
terminate,
modify or extend any Promotional Offer at any time, without notice; or

·        
cancel any
order to which a Promotional Offer has been applied in error or contrary to the
terms and conditions of such Promotional Offer.

9. Returns and
refunds

9.1 Returns

All sales are
final on our Products, except where:

·        
a Product is
faulty;

·        
if a Product
does not do what it is supposed to do;

·        
if incorrect
Products were dispatched from us; or

·        
if otherwise
required under Australian Consumer Law.

We do not
offer refunds or exchanges if you change your mind or if you purchase the wrong
model/size (except as required under Australian Consumer Law).

Please contact
OGRE Overland if you have a return enquiry, with details of your return and
proof of purchase.  If a return is required, OGRE Overland will issue a
Return Authorisation Number and shipping instructions (Return Authorisation). 
Please ensure that you have received a Return Authorisation as OGRE Overland
will not be responsible for any lost and/or unauthorised returns.

If the
Australian Consumer Law does not apply, we will rectify our failure to deliver
the Products in the quantity or description of your order, if:

·        
you notify us
of the failure within 14 days of the delivery giving us the details we request;

·        
you have not cut
or used the Products; and

·        
the Products
are in a new condition and in original packaging.

You must pay
the initial cost of return shipping in accordance with OGRE Overland’s shipping
instructions.  Once OGRE Overland determines that the product is faulty or
that a return is required under the Australian Consumer Law, we will reimburse
you for such return shipping costs.

Please ensure
that you adhere to our Shipping Policy regarding returns as you are responsible
for the returned products until we receive them, and we will not accept any
liability for any products that are lost

9.2 Australian
Consumer Law

Our Products
come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the Products repaired or replaced if the Products fail to be
of acceptable quality and the failure does not amount to a major failure.

We will honour
our obligations under the Australian Consumer Law.

We recognise
that in some countries, you might have legal rights as a consumer. If you are
using our Products for a personal purpose, then nothing in these terms or any
additional terms limits any consumer legal rights which may not be waived by
contract.

9.3 Manufacturer’s
Warranty

Some Products
may come with a Manufacturer’s Warranty, which operates in addition to your
rights under Australian Consumer Law.  Please check the advertised
Manufacturer’s Warranty period for each specific product.  The
Manufacturer’s Warranty period commences at the time of purchase as specified
on your receipt for purchase.  Spare parts are sold without a
Manufacturer’s Warranty unless advertised otherwise.  All freight
costs associated with return of product for assessment under a Manufacturer’s
Warranty is payable by the consumer until such time as we deem the item to be
faulty.

10.
Termination

Without
prejudice to any other remedies, OGRE Overland may:

·        
cancel all or
any part of any order or suspend or terminate the supply of products to you
with written notice if, at any time you are in breach of any obligation
(including those relating to payment) under these Terms; or

·        
terminate
these Terms and the Services, in our absolute discretion, at any time and without
notice to you and in such instance will complete or cancel, and refund, any
orders placed prior to the date of termination, at our election.

If we cancel
an order and you are not in breach of these Terms we will issue you with a full
refund of the purchase price of any Products paid for but not supplied. 
To the maximum extent permitted by law, OGRE Overland will not be liable to you
for any further loss or damage you suffer because OGRE Overland has exercised
its rights under this clause or these Terms.

10.1
Limitation of liability

To the maximum
extent permitted by law, OGRE Overland’s liability under these Terms shall be
limited to any one or more of the following:

·        
the
replacement of the Products or re-supply of equivalent Products;

·        
the repair of
such Products;

·        
the payment of
the cost of replacing the Products or of acquiring equivalent Products or a refund
of the purchase price; or

·        
the payment of
the cost of having the Products

To the extent
permitted by law, OGRE Overland expressly disclaims all warranties of any kind
unless expressly stated in the Services or if required under Australian
Consumer Law.  Nothing in these Terms purports to exclude any rights or
remedies in respect of goods or services under the Australian Consumer Law
which cannot be excluded, restricted or modified.

Because some
countries, states or jurisdictions do not allow the exclusion or the limitation
of liability for consequential or incidental damages, in such countries, states
or jurisdictions, our liability shall be limited to the extent such limitation
is permitted by law in the relevant country, state or jurisdiction.

This clause
survives termination of these Terms.

11. Reading
Down

If part or all
of any clause of the Purchase Terms is illegal, invalid or unenforceable:

·        
it will be
read down to the extent necessary to ensure that it is not illegal, invalid or
unenforceable, including but not limited to; but if that is not possible

·        
it will be
severed from the Purchase Terms and the remaining provisions of the Purchase
Terms will continue to have full force and effect, and the parties will attempt
to replace that severed part with a legally acceptable alternative clause that
meets the parties’ original intention in relation to the subject matter
severed.