Acceptance of Terms

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Cavalier provides website services to you subject to the following Terms of Use (TOU), which may be amended by us from time to time with no notice to you. When using any Cavalier website services you are also subject to any rules or guidelines which may be posted, and/or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

Your use and, continued use, of Cavalier constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

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Accuracy of Information

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All material on Cavalier is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of Cavalier is at your sole risk. Access to Cavalier is provided on an ‘as available’ basis. Neither Cavalier its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on Cavalier will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to Cavalier will be uninterrupted, timely or secure. Cavalier will not be liable for loss resulting from any action or decision by you in reliance on the information on Cavalier, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

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Product Descriptions

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Cavalier and its affiliates attempt to be as accurate as possible. However, Cavalier does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Cavalier itself is not as described, your sole remedy is to return it in unused condition.

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Limitation of Liability

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The Trade Practices Act and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Cavalier of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”).

Cavalier does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

a) Cavalier and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,

b) Cavalier does not warrant that the functions contained in any content or your access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits web content to you are free of viruses or any other harmful components,

c) all content is provided “as is” and without warranties of any kind, either express or implied, d) Cavalier does not warrant or make any representation regarding your access to, or the results of your access to, the web site (including any related or linked web sites) or any content in terms of correctness, completeness, accuracy, timeliness, or otherwise, and

Under no circumstances (including but not limited to any act or omission on the part of Cavalier) will Cavalier or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any Content. You expressly acknowledge and agree that Cavalier does not exert control over users of the web site (including individuals referred to on the web site as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Cavalier‘s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Cavalier in the case of goods supplied or offered by Cavalier, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

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Applicable law

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These conditions and all other specific and additional terms which govern your use of and access to Cavalier will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.

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Copyright

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The material provided on Cavalier is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Cavalier or the appropriate supplier or licensor of Cavalier.

All software used on this web site is the property of Cavalier or its software suppliers and is protected by Australian and international copyright laws.

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Your Account, Membership and/or Registration

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In your use of the web site, you agree to provide true and complete information about yourself as required by the web site’s Registration Form

In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cavalier has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cavalier has the right to suspend or terminate your account and refuse any and all current or future use of the web site (or any portion thereof).

If you use this web site, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

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Electronic Communications and Your Conduct

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When you visit Cavalier or send email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will also communicate with you in a similar fashion. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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Online Security

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At Cavalier we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

Cavalier will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.

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Risk of Loss

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All items purchased from Cavalier are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

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Delivery of Goods

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Items are shipped standard via a combination of couriers and Australia Post.

Cavalier does not accept responsibility for any loss of, damage to, late delivery or non-delivery of goods ordered from our web site. To the maximum extent permitted by law, you agree to release our carriers from any liability relating to loss of, damage to, late delivery or non-delivery of any goods you order from this web site and to assign all rights to claim compensation or insurance against our carriers to us and expressly and irrevocably do so by clicking the following box.

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Refunds and Returns

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Returns are only accepted with prior approval from Cavalier where a return authority number will be issued and must be with 30 days of invoice. A 15% restocking fee applies and the item must be unused and the packaging in new condition. Cavalier will also accept returns in accordance with Queensland and Australian law.

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Repairs and Warranties

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Most items are covered by manufacturers warranty so if a product is faulty please contact us immediately so as to authorise a repair or replacement. If an item arrives and is faulty on arrival please contact us within 14 days so we can arrange a replacement or repair.

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GST

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Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by Cavalier are GST inclusive. Cavalier will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the “Act”). Tax invoice means tax invoice as defined by the Act.

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Third party links and advertising

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Hyperlinks and pointers to web sites operated by third parties will appear on Cavalier web site from time to time. These web sites do not form part of Cavalier and are not under the control of Cavalier or its related bodies corporate and neither Cavalier nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave Cavalier and do so entirely at your own risk.

If you contact a third party using functionality provided on Cavalier, including via email, Cavalier accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

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Errors and Omissions

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Cavalier endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.