Returns Policy – All Terrain Warriors

Last updated: 14 November 2024.

1. Introduction

This returns policy (Returns Policy) of Wenmay Pty Ltd (ACN 082 205 525) t/a All Terrain Warriors (ABN 25 082 205 525) of 40 Central Park Drive, Yandina QLD 4561 (All Terrain Warriors, ATW or we or us) applies to all purchases from us, including Products, BAO Products and Builds.

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

Our Warranty Terms also apply in addition to this Returns Policy. If you seek to make a warranty claim, please fill out our warranty claim form and follow the process as set out in our Warranty Terms.

This Returns Policy does not limit or exclude any rights available to you under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).

2. Change of Mind Returns for unused Products

We offer change of mind returns for our Products, excluding BAO Products (including clothing) in accordance with this Returns Policy. If you are not satisfied with your purchase of a Product from us, we accept change of mind returns, provided that:

(a) you comply and have complied with all of our Terms;

(b) the request is made by emailing our team at sales@allterrainwarriors.com.au;

(d) we respond to you and confirm:

(i)                that you may send your Product to us;

(ii)                if your request is for an exchange, we will notify you whether the exchange Product is available;

(iii)               confirmation of the shipping fee for the replacement Product

(e) prior to us send you an exchange or issuing a store credit, you send to us, at your cost:

(i)         the original Product for exchange or return including:

A.         all original tags and packaging;

B.         the packing slip from your original order;

C.         your Order Confirmation;

(ii)         confirmation of payment for the shipping of replacement Products (by credit card or direct deposit);

(iii)        you agree to comply with all steps to process the return as advised by us, including bearing the cost of shipping the Products to our head office;

We will only approve a return or exchange where the Products are in saleable condition including that they must be:

(a) unused;

(b) not tampered with;

(d) not fitted to a vehicle in any way.

If you wish to exchange clothing for an alternative size under this Returns Policy you must also include instructions in your shipment documentation setting out the alternative size that you require.

If we accept your change of mind return you will be given the option for an exchange where relevant or possible or issued with store credit to the value of the original Purchase (not including any original or return shipping costs).

3. Return of unsuitable and used Products

If the Product is not suitable for the purpose for which you purchased it, and has already been used we will not offer a refund or return of the Product if:

(a) where we are not required to accept a return under the Australian Consumer Law;

(b) if you have not demonstrated to us that the Product was not suitable for the intended purchase and that intended purpose was set out on our website (for example if we sold you a wheel kit intended for a specific vehicle and it did not fit that vehicle);

(c) where you failed to accurately select a suitable Product for your specific needs and then later used the Product only to find it was not suitable (e.g. where you have purchased a wheel kit from us which does not meet the load rating required for your specific circumstances and seek to return it after use); or

(d) for Builds or BAO Products, including where you have altered the design concept or scope of works following your signed order confirmation.

4. Faulty New Truck Builds

If you are not satisfied with your Build due to fault, defect or installation errors (individually and collectively Fault), please contact us at sales@allterrainwarriors.com.au within 12 months of delivery of your Build and arrange with a member of our team to return the Build to our Head Office for repair.

We may request certain information from you regarding the Fault in order to process your Build return, including your contact information, initial purchase information, final invoice and details of the Fault. You acknowledge and agree that failure to provide adequate or accurate information may affect our ability to remedy the Fault. Any of your personal information is handled in accordance with our Privacy Policy.

We reserve the right to require you to deliver the Build to us for assessment (at your cost initially, with this cost being reimbursed to you if the Build is deemed to be faulty by us upon assessment).

We can assist you with resolving the Fault, provided that upon assessment by us:

(a) the Build is considered damaged, broken or faulty as a result of a manufacturing defect or as a result of our build/installation services; or

(b) the Build varies significantly to the description and/or images on the Sites; or

(d) the Build is otherwise in breach of Australian Consumer Law.

We reserve the right not to accept a return where the Fault occurs due to your misuse, neglect or reasonable wear and tear. To the maximum extent permitted by law, we will not be liable for any defect or damage to the Build which may be caused or partly caused by, or arise as a result of:

(a) your failure to properly maintain or store the Build;

(b) your use of the Build for any purpose other than that for which it was designed;

(d) fair wear and tear, any accident, or act of God;

(e) works, tampering or amendment to the Build by yourself or another third party, including where you have engaged or otherwise solicited a third party to undertake works to your Build or to attempt to repair the Fault; or

(f) the Build being subjected to conditions beyond its design intent.

If you seek to make a warranty claim in relation to your Build, please fill our warranty claim form and follow the process as set out in our Warranty Terms.

5. Replacements and Exchanges

Please note that we may not be able to offer a replacement or exchange if there is no longer stock available. If the return is a change of mind then a store credit will be issued. If the Product was faulty then you may select a store credit or refund. Refunds will be processed in accordance with clause 6 below.

6. Refunds

Refunds

(a) If you are entitled to a refund, your refund will be returned in the same manner as the original payment method. For purchases made by credit or debit card, the cardholder and the same credit or debit card are required to process the refund as was originally used for the purchase.

(b) Please note that processing of refunds can take up to seven (7) business days to show on your account due to varying processing times between payment providers.

Store Credit

(a) If you are to receive online store credit, the credits are applied to your account or through the issue of a coupon code once your return has been processed.

(b) Please allow up to three (3) business days for store credit to be applied from the date on which we receive your items.

(d) You can check your store credit balance by logging on to your account. To use your store credits you will have the option in the checkout on the Faulty Products

7. Faulty Products

In the event that the Products, including BAO Products and ATW Merch, are faulty, damaged or broken, contact us at sales@allterrainwarriors.com.au within 12 months of your purchase with the following details:

(a) your Order Confirmation;

(b) a photo of the faulty Product and a description of the fault(s); and

We reserve the right to require you to post or otherwise deliver the faulty Product to us for assessment as a faulty good (at your cost initially, with this cost being reimbursed to you if the Product is deemed to be faulty by us upon assessment).

Where there is a major problem with the Product, you are entitled to:

(a) a replacement of the same type of Product; or

(b) refund in the form of your original payment.

A major problem means the Product:

(a) is unsafe;

(b) is substantially different from its description or sample;

(c) has one serious problem or several smaller problems where if you knew about the problem(s) before their purchase, you would not have bought the Product; or

(d) cannot be used for the normal purpose of the Product or another purpose you told us about before you bought the Product, and the problem cannot be fixed within a reasonable time (Major Problem).

Where the problem with the Product is not a Major Problem, we can assist you with a replacement, repair or refund in the form of store credit, provided that upon assessment by us:

(a) the Product is considered damaged, broken or faulty or in breach of Australian Consumer Law; or

(b) the Product varies significantly to the description and/or images on the Sites; or

(d) the Product is otherwise in breach of Australian Consumer Law.

We reserve the right not to accept a return where the fault occurs due to your misuse, neglect or reasonable wear and tear. To the maximum extent permitted by law, we will not be liable for any defect or damage to the Product which may be caused or partly caused by or arise as a result of:

(a) your failure to properly maintain, install, fit or store the Product;

(b) your use of the Product for any purpose other than that for which they were designed;

(d) your failure to follow any instructions or guidelines provided by us, including any care instructions;

(e) fair wear and tear, any accident, or act of God; or

(f) your failure to provide accurate documentation to us in relation to the specific Product, for example failure to provide an accurate wiring diagram of your caravan or trailer.

8. Returns Process

Except in the case of returns of faulty Products, BAO Products or Builds, original shipping charges are non-refundable and shipping charges for change of mind returns are your responsibility.

You acknowledge and agree that we will not be liable for missing deliveries of returned Products, BAO Products or Builds. We encourage you to personally return your Products, BAO Products or Builds to ensure the safest and most accurate handling. However, where direct return is not feasible and where appropriate we encourage you to return your Products or BAO Products via registered or traceable postal services as return parcels remain your responsibility until received by us. Returned items must be sent by a prepaid method of shipping.

(e) payment step.

9. Consumer Guarantees

Certain legislation including the Australian Consumer Law and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us which cannot be excluded, restricted or modified.

Our Goods 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 Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

10. Amendment

This Returns Policy may be amended from time to time by us, without prior notice to you. Any purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check our current Terms, before making any purchase. Our agents, employees and third parties do not have authority to change this Returns Policy or our Terms.

11. Contact Us

If you have any enquiries regarding your return or our Returns Policy, you may contact our customer service team through email at sales@allterrainwarriors.com.au.