Terms and Conditions

The following terms and conditions are regarding the use of this site. When downloading material, browsing or purchasing, you agree to these terms and conditions.  The terms and conditions may vary or change throughout the course of the year, this is at the discretion of the distributor. These terms and conditions are applicable to all vistors on the site at all times.

PRODUCT PRICES
All prices are inclusive of GST where appropriate.
 
PAYMENT AND STOCK AVAILABILITY
We do our best to stock all products across all sizes and ranges and will not accept backorders. Any products ordered from the website will be dispatched the next business day. If an item is sold out you will be notified by email and also emailed an ETA of that particular product.
Checking out is simple and you can currently pay via Paypal using your credit or debit card. We do accept Direct Bank Transfer, but items will not be dispatched until we receive your fund into our account.
If you change your mind between purchase of an Omerta product and dispatch, you have the right to cancel all or part of you orders. Please contact us by emailing to tony@omerta.com.au or call us on 0414254167 with your order number as a reference.
 
ORDER ERRORS / DAMAGED OR FAULTY GOODS
If your item/s is damaged or faulty, or if your order has been packed incorrectly, notify us in writing via email within 7 days and we will happily exchange, refund or replace the item for you. If you fail to contact us within the 7 days you will be charged for the shipping of returning the item. However, the correct or replacement product will be sent out to you free of charge.
Whilst in your care, the parcel is deemed your responsibility. If you lose, use or give away that parcel, no replacement will be provided. Once we have received the returned item, we will dispatch the corrected order on a next working day service where possible.
You are eligible to claim a full refund if the goods you have ordered are not delivered within 30 days. You must notify us of non delivered items within this period.
 
RETURNS
In the unlikely event that you wish to return your goods, we will accept the return of goods sent back to us within 7 days of receipt.
If the unwanted items are returned in their original condition including tags on and packaging, odour-free, unused, unworn, we will refund you which you have paid to value of the goods except shipping cost, or offer you an alternative product of similar value as a replacement if required. We will not accept the returns if any of the above good conditions has been breached.
You will be responsible for the payment of the return postage of the unwanted goods and our original postage costs to you. We can only accept the return of goods in their original condition including tags and packaging and that are odour-free, unused and unworn.
All return items must include their order number which can be obtained from the order confirm email sent to yours.
No returns will be accepted without this order number.
We recommend that all returns are sent by recorded delivery for your safety. We will not take responsibility for returned items if they are lost in the post.
If an item is returned to us because no one has been at the shipping address to receive the items and no other arrangement has been made between the customer and the couriers, the item will be refunded minus the cost of the delivery both to the customer and the return delivery back to us.
If in the event that you wish for us to re-deliver an item that has been returned back to us by our courier due to a ‘non-delivery’, you will be responsible for the payment of the re-delivery postage.
If the customer has refused delivery (with no mistake on our part) and the item is returned to us, the item will be refunded minus the cost of the delivery both to the customer and the return delivery back to us.
Refusal of correct deliveries is deemed to be breaking our terms and conditions unless there is a mistake with the order or the order has been damaged in transit.
No refunds will be given until the return goods have been received.
For your protection, undergarments (including rash guards), mouth guards, protective cups and compression shorts cannot be returned, even if they are new and unused.
 
SALE ITEMS
Discount is not applicable to any sale items, and discount codes cannot be used in conjunction with other promotions. Our Policy for Returns and Refunds outlined above also applies in full to Sale Items.
Free Delivery
Free delivery is default when the purchase is or above AUD150.00
COMPLAINTS
All complaints will be acknowledged within 1 working day, although we try to acknowledge all complaints immediately.
CHANGING TERMS
We may change these terms from time to time without notice to you. Changes will apply to any subsequent orders received.
 
DISCLAIMER
Although AA Grade Pty Ltd has attempted to provide accurate information on the Web site, information on this Web site may contain technical inaccuracies of typographical errors.
The contents of any documents on the Web site are believed to be current and accurate as of its publication date. Omerta assumes no responsibility for the accuracy of the information. Omerta may change the programs of products mentioned at any time without notice. For the most current and complete documents, please contact Omerta directly.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. OMERTA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

OMERTA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY OMERTA PRODUCT, DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF OMERTA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Omerta assumes no responsibility and shall not be liable for any delayed, lost or misdirected communications through its Website.