Terms & Conditions

This website daveymarine.com.au is owned and operated by Pakenham Marine Pty Ltd A.B.N. 43811296704. References to “Davey Marine”, “us”, “we”, “our”, “Davey Marine/ Compleat Angler Pakenham” in these terms and conditions refer to Pakenham Marine Pty Ltd.

These Terms and Conditions govern your use of the Davey Marine website. By using this site, including all orders made through this site you are subject to the full terms and conditions outlined below. By using the Davey Marine website, you agree to all terms and conditions. Davey Marine reserves the right to make changes to this website and these terms and conditions at any time without any prior notice.

Sitewide promotions

Sitewide promotions exclude already reduced items, Selected Furuno, Transducers, Selected Garmin, Lonestar, Dometic, New Shimano Rods & Reels and Gift Cards. Sitewide promotions are not in conjunction with any additional offer. Excluded brands and products can be added or changed at anytime.

Disclaimer

We provide general information about Davey Marine/ Compleat Angler Pakenham and the products and services we offer. The information within our website has been created solely for the purpose of providing information about Davey Marine/ Compleat Angler Pakenham and the services and products we offer. Davey Marine/ Compleat Angler Pakenham reserves the right to change, delete or move any of the material on the Davey Marine website at any time without notice.

Davey Marine is not liable to you or any third parties for any direct, indirect, special, consequential, or punitive damages allegedly sustained arising out of your access to or inability to access the Davey Marine website. This includes viruses alleged to have been obtained from the Davey Marine website, your use of the Davey Marine website, reliance on the Davey Marine website, inability to access the Davey Marine website or any of the information or materials available on the Davey Marine website, regardless of the cause of action.

We have made every effort to ensure that the content of this Website is complete, true and accurate, although we do not provide any warranty or guarantee in relation to the contents of this Website. All implied warranties or guarantees are expressly excluded to the fullest extent permitted by law.

Gift Cards

Gift Cards are redeemable for merchandise at Davey Marine, Ski Wake World or Compleat Angler Pakenham in Australia.

Lost, stolen or damaged cards cannot be redeemed, and no replacement or refund will be provided.

Gift Cards are not redeemable or refundable for cash.

Each Gift Card will expire 3 years from the date of its purchase. Any unredeemed balance on expiry will not be redeemed or refunded.

Privacy, Security & Personal Information.

Please refer to our Privacy Policy which is included as part of these terms and conditions.

Copyright

All of the material on and in relation to this website is and remains the property of Davey Marine at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post, or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of Davey Marine’s copyright and other proprietary rights. You may share our webpage URL for private and non-commercial purposes only.

Links

The Davey Marine website contains links that continue to external sites that are not under our control. We do not operate these websites and therefore are not responsible for the collection or handling of personal information by the operators of these websites. These websites have their own privacy policies, and we encourage you to review them.

We do not endorse or make any representations about the accuracy of the information or make any claims regarding the products or services found on an external site.

We have no responsibility for linked websites and provide them solely for your information and convenience. You access such sites and use the products and services on external sites at your own risk.

Intellectual Property

Davey Marine is the owner and authorised user of all intellectual property in and associated with this website. Davey Marine is also the owner or authorised user of the trademarks, logos, names and designs, copyrights, internet domain names, and other similar rights whether registered or unregistered, in and associated with the website.

online Orders

BY placing an order with Davey Marine/ Compleat Angler Pakenham online you agree to the below online ordering terms and conditions:

  1. You agree that when prompted you are proving current, complete, and truthful details when asked to do so.
  2. At the time of order, you agree to the pricing that has been calculated for you. This includes delivery costs. (NOTE: We have the ability to contact you or cancel your order if pricing is incorrect – See price errors terms and conditions below.)
  3. By submitting an online order, you represent and warrant that you are the authorised individual of the preferred payment method and authorise us to charge your order including taxes and freight charges to that payment method. If the card (or other methods) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
  4. Our system may automatically flag orders, or we have the ability to ask you to provide additional details or require you to confirm your details and identity to enable us to process any orders placed through the Site before dispatch.

Additional Online Order Terms & Conditions

  1. Quantity in stock does not take into account the orders already placed in the system which are yet to be processed by the dispatch team. It is possible that an order placed earlier will receive the product before you resulting in a possible delay. Inventory discrepancy can also affect the accuracy of the stock status displayed on our website. If this occurs our online sales team will contact you.
  2. Colour swatches within our site is as accurate as possible, however, please note that product colours in-store may vary from what is displayed on your computer monitor and may vary from monitor to monitor and device to device.
  3. In some cases, some items, sizes, colours and styles might not be available or might be temporarily or permanently out of stock. We apologise if this occurs and we will be in contact with you if it occurs.
  4. Some products might require self-assembly or you may be required to obtain the assistance of a professional assembler at your own cost and expense.

Order Cancellation

Cancellation by you:

In a situation that you would like to cancel your order, an attempt to cancel an order must be made before dispatch. Cancellations attempted after the order has been dispatched will result in you, the customer, having to pay the shipping and handling charges on the package that has already been dispatched and the additional cost of shipping the package back. Your remaining balance will not be refunded until the package has arrived back out of our dispatch facility.

Cancellations are best communicated via phone at 1300 262 883 immediately after ordering during business hours. If outside of business hours, please email [email protected].

Cancellation by us:

Before an order is dispatched (Even if it has been accepted by us), we can cancel your full order or any part of an order.

Reasons for cancellation by us:

  1. The ordered Products are not available.
  2. There was an error in the price, or the product description posted on our website within a product in your order.
  3. Your order has been placed in breach of these terms and conditions.
  4. If your order has been cancelled by us, we will provide you with notice of the cancellation, and will not charge you for the cancelled order or additional.

Online Delivery

Delivery dates vary depending on your location and order size. Please allow up to 5-10 working days for delivery through our online store. Delivery times are based on the date of dispatch, not the date or order.

Additional freight costs are payable on top of the products in your order. Several different delivery methods may be used depending on the type of order and availability when your order is placed.

By placing an online order with us you are agreeing to our full shipping and delivery terms and conditions that can be found HERE.

International Orders

We do not provide international freight service, however, if you are wanting a particular product delivered overseas, please email us at [email protected] and we will get back to you with a freight quote.

We will not ship any goods that we deem to be dangerous to any country outside of Australia.

Pricing Errors

Davey Marine reserves the right to withdraw any product we advertise and change prices without notice. Pricing errors may be caused by misprints, human errors, stock errors, system errors and omissions. If an order is placed and a pricing error has occurred, we reserve the right to cancel your order and refund your money without notice.

Fees & Charges

Prices:

  1. All prices shown on this Site are in Australian Dollars (AUD).
  2. The prices of Products, delivery and other charges within the Davey Marine site are current and true at the time of updating, however, Davey
  3. Marine reserves the right to change prices at any time.
  4. By checking out through the Davey Marine website you agree to all the following charges.
  5. Purchase price of each Product within your order.
  6. The delivery fee for delivering the Products to your nominated address.
  7. Any other fees and charges set out in these terms and conditions.
  8. All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).

Delivery Fees:

Please refer to our Shipping and Delivery page which is included as part of these terms and conditions.

Returns & Warranties

Please refer to our Returns and Warranties. page which is included as part of these terms and conditions.

Liability

By using the Davey Marine website, you bear all responsibility and risk for the use of this site and all information contained within.

In no way shall Davey Marine/ Compleat Angler Pakenham be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms of use, including without limitation your use of, reliance upon, access to, or exploitation of this web site, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

In any event, the total maximum aggregate liability under these terms of use or the use or exploitation of any or all part of this website or the materials in any manner whatsoever shall be directly related to the dollar amount of the materials you are exploiting. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Competitions

By submitting your photos and/or videos to Davey Marine through competition, you agree to the following terms and conditions:

  1. By submitting, you agree that the images and/or videos you submit may be used in any Davey Marine/ Compleat Angler Pakenham promotional material.
  2. By submitting an entry, you agree that you are over the age of 18 years of age (if you are under 18 years of age you must have written consent from your legal guardian), you are not an employee of Davey Marine/ Compleat Angler Pakenham and are not an immediate family member of a team member at Davey Marine/ Compleat Angler Pakenham.
  3. By Submitting an entry, you are an Australian resident.
  4. By submitting an entry, you are honest that the photographs you submit are your own.
  5. By submitting an entry, you agree that any individuals that are shown in your image or video have given you permission to use the image. Please ensure you do ask the individuals in the photograph/ video to be sensitive to the individual's privacy.
  6. Davey Marine/ Compleat Angler Pakenham will not pay for images and/or video, from winning entries or non-winning entries.

Additional Competition terms and conditions:

  1. Incomplete, indecipherable, or illegible entries will be deemed invalid.
  2. Late, lost, or misdirected entries including entries not received or delays in the delivery of the entry due to technical issues will not be included in Davey Marine/ Compleat Angler competitions.
  3. The winners will be determined by a voting panel at Davey Marine/ Compleat Angler Pakenham head office based on the most skilful, original, and creative response or additional criteria as stipulated in the competition post.
  4. The winner/s will be notified via email and an announcement in the competition page on our website will be made along with a Facebook and/or Instagram post.
  5. By submitting an entry into one of our competitions you agree that we can use your full name on Facebook or Instagram for winner announcements.

Davey Marine/ Compleat Angler Pakenham reserves the right to remove, terminate, cancel, modify, or suspend the event if the below may occur:

  • Computer/ system errors including but are not limited to computer viruses, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond our control.
  • If Davey Marine discovers the competition has been corrupted in any way. This includes but is not limited to affected administration, security, fairness or integrity or proper conduct of the competition or reputation of this competition.

Viruses

  1. We do not guarantee that any information or content/ files within the site obtained from or through this Website is free from viruses or other faults or defects.
  2. You are responsible for scanning any information for viruses.
  3. Our liability in relation to any viruses or other faults or defects is subject to the limitations contained in these Terms.
  4. You are responsible for scanning any information for viruses.
  5. By using this site, you agree that we have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential, or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.