Terms & Conditions

last updated on August 2, 2023

In these terms and conditions “we” and “us” mean giggear.com.au, and “you” means you the customer.

Words spelt with initial capital letters are defined terms that, for your ease of reference, are set out at the end of the terms and conditions.

These terms and conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other terms and conditions will apply.

The contract cannot be varied unless we agree to vary it in writing or by email.

Payment Options

The following describes the payment option for your giggear.com.au purchase.

If you are still unsure about any aspects of the payment options, please do not hesitate to contact us.

We recommend this as the fastest & most efficient method of purchasing your goods online from us.

Our site is extremely safe. When transacting via the “NAB Transact” system your credit card and personal details are processed within the National Australia Bank’s systems and encrypted using the latest industry standards SSL (Secure Socket Layer) before being sent over the internet.

If you are still unsure about purchasing online using your credit card, then we suggest you choose from the payment options below to ensure you are entirely satisfied with your GigGear shopping experience.

We accept online payments using the following credit cards:

  • VISA
  • Mastercard
  • Discover
  • American Express

GigGear Australia Pty Ltd will appear on your financial institution statement as the company you have paid for your products and services.

If you do not have a credit card or have a card that is not accepted by giggear.com.au, then we recommend that payment be made using electronic funds transfer or internet banking.

When you place your order our banking details for payment by this method are provided on the order confirmation which will be emailed or sent to you.

We also accept cheques. Please note that all cheques require a clearing period and your order will not be shipped until the cheque has been cleared. Simply choose the “Cheque” option from the method of payment when purchasing your items, write your name and Order Id (displayed on Order Confirmation Screen) on the back of the cheque and post it as follows:

Cheques should be payable to:
GigGear Australia Pty Ltd

Mailing Address
Factory 18, 21 Barry Street
Bayswater  VIC 3153

If you wish to pay using your credit card, but would prefer not to pay on-line, then simply choose Phone Ordering in the Payment Method section of the checkout process, then continue to the checkout process.

You will then need to contact giggear.com.au on 03 9720 2550 during business hours to arrange for payment. You may also discuss other methods of payment such as bank transfer.

GigGear Australia Pty Ltd will appear on your financial institution statement as the company you have paid for your products and services.

If you are unable to pay by any of the above methods then we recommend that payment be made via Australia Post Money Order. Simply choose the “Money Order” option from the method of payment when purchasing your items, write your name and order number on the back of the Money Order and post it to the following address:

GigGear Australia Pty Ltd
Factory 18, 21 Barry Street
Bayswater  VIC 3153

In the case of Approved Credit Account Holders only, payment terms are strictly 30 DAYS after the end of the month in which the goods were purchased.

No credit is extended to the Customer on overdue accounts and if payment is not received by GigGear by the Due Date and liquidated damages shall apply to all overdue accounts calculated on a daily basis from the date the account falls due at the rate of 1.8% per month.

Payments made by the Customer to ProtectaPack shall be applied on the order of money owed by the Customer to GigGear and not to specific orders.

You may place an Order by completing the shopping cart check out on the giggear.com.au Website. Completion of the check out process requires initial registration on the website.  Registration requires that you provide a username and password. 

The information gathered by the registration process is to assist us in fulfilling our obligations to you.  All personal information is treated in accordance with our privacy policy which is detailed in full on the website.

Subject to the terms and conditions, we will supply to you the Products indicated on your Order.

When your order has been shipped, the shipment information will be available on the website for you. You are able to view this information by logging onto the giggear.com.au website by using the username and password provided at registration.  Your user name and password will be your access key to all your current and past orders history.

The price payable by you for the Products will be indicated on your Order Confirmation and is inclusive of goods and services tax as per rates established by the Australian Government. All prices are in Australian dollars.

We will post your Invoice to you at the billing address indicated on your Order when we ship your Products to you. Your Invoice will be your proof of purchase.

If you are paying by credit card, GigGear Australia Pty Ltd will appear on your financial institution statement as the company you have paid for your products and services.

Unless otherwise agreed by us, we will deliver your Products to the delivery address indicated on your Order.

We may use a freight carrier of our choice to deliver your products.

We may, at our discretion, instruct our carriers with an Authority to Leave (ATL) in the event that if no-one is available to take delivery of your products.  This means that in the event that no one is available to take delivery of the products when delivery by the carrier is attempted, they will leave your products at the nominated delivery address without obtaining a signature.  The carrier’s ATL delivery record will be deemed to be proof of delivery.

Orders with multiple items will not ship until all items on the order are available for delivery, GigGear is happy to discuss payment options to part ship orders.

We will use our reasonable endeavours to send your Products to you within 5 working days of the date of receiving payment, however, we do not guarantee that we will deliver within this time frame.

The Customer acknowledges that any delivery dates stated by GigGear are estimates only made in good faith by GigGear and that delivery times shall not be of the essence of these Terms of Trade or any supply order or contract.

Under no circumstances shall GigGear be liable to the Customer for damages (including consequential and special damages) for failure to deliver or delay in delivery to the Customer howsoever occasioned.

Your products are insured against loss while in transit to you.

If you receive the product in poor packaging condition, you have the right to refuse acceptance. Once goods are received and accepted, no claims will be accepted as damaged by GigGear.

Manufacturers warranty applies to new items where detailed in the item description. Faulty or defective items must be notified to us within 2 days of receipt of goods either by telephone during business hours or email. Returns of faulty or defective items are to be made with 7 days of receipt of goods and only after obtaining a return authorisation number from ourselves. All returned goods must be double boxed with original packaging, factory sealed (if shipped so), unused, and with all manufacturer’s packaging and blank warranty cards, instruction booklets and all other supplied accessories. Returned goods may be subject to refund or replacement with the identical item.

It is the buyer’s responsibility to ensure that goods are suitable for their needs. Goods purchased that are not suitable for your needs may be returned at GigGear’s discretion.  If you are in any doubt about the suitability of a product please contact us before purchasing by using the contact methods detailed below.  Goods returned because they are not suitable for use, or for reasons other than warranty or faulty or defective items will not be eligible for a refund but may be exchanged for goods up to the same value.  An administration fee and/or re-stocking fee may be applied at GigGear’s discretion.

GigGear provides services and products of custom made road and flight cases, modifications to ready-made or customers own road and flight cases and custom made case inserts.  GigGear will provide confirmation of the specification of these services and products prior to manufacturing by means of formal quotation or confirmation of e-store order or otherwise.  The specification provided will be determined by the information provided by the customer.  It is the customer’s responsibility to ensure that the specification provided is suitable for their needs.  GigGear will not accept returns of custom made or custom modified products and services that are in accordance with the specifications.  In the event that custom made or custom modified products are not in accordance with the specifications, GigGear will only accept returns of products for correction or alteration to the specifications and re-delivery to the customer.

These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and performance of the Services and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Any warranty, condition or another term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.

Notwithstanding above conditions, nothing in the Contract excludes, restricts or modifies any condition, warranty, right or liability implied into this Contract (including any condition, warranty, right or liability imposed by the Trade Practices Act 1974) where to do so is illegal or would render any provision of this Contract void.

Subject to Conditions above, we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

The Contract will be governed by the law of Victoria. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.

The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.

Neither our failure nor your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfil or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.

In these terms and conditions:

  • “Accessory” means any ancillary Product
  • “giggear.com.au website” means the website owned and operated by GigGear Australia Pty Ltd T/as giggear.com.au ABN  95 093 581 992 for customers in Australia and overseas at giggear.com.au.
  • “Warranty” means the manufacturer’s standard warranty
  • “Condition” means a condition contained in these terms and conditions
  • “Contract” means these terms and conditions together with your Order
  • “Invoice” means the invoice issued by us to you showing the price of the Products and which is your proof of purchase
  • “Order” means an order placed by you in accordance with these terms and conditions
  • “Order Confirmation” means the order confirmation issued by us to you indicating receipt of your Order
  • “Product” means any product listed on the giggear.com.au Web Site which we agree to supply to you on these terms and conditions
  • “Services” means any services relating to Products (including without limitation warranty and telephone support services) that we agree to supply to you on these terms and conditions
  • “Order ID” means the order Id issued by us to you

The Contract will be governed by the law of Victoria. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.

GigGear shall not be held liable nor in any way responsible for fraudulent credit card usage on our website resulting in the subsequent payment and delivery of products.

GigGear will not be liable for refund of money, in part nor full, should a purchase be made by persons illegally. Please contact your credit card provider to ascertain your available options.

Contacting GigGear

Feel free to send us an email at sales@giggear.com.au if you have any questions about any related product you are interested in, or if you are having problems using our website. We take our customer feedback very seriously, so we appreciate your comments.

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