Refund policy
1.Returns and refunds of an order and warranties
1.1 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 failure does not amount to a major failure. If the failure is minor, we reserve our right to offer to repair only. We reserve the right to not offer a refund or an exchange coupon.
1.2 We do not normally provide a refund if you have simply changed your mind about an Order, so please choose carefully.
1.3 In order to obtain a refund, exchange or to repair a product purchased from First Blood, including those products which carry a manufacturer's warranty, you must have clear proof of purchase; typically, a receipt or invoice. Original shipping costs for the product are non-refundable as this service has been provided in full.
1.4 To return your product (including warranty returns for faulty products, or where you have been sent the wrong item), please go to your Account to fill in the appropriate request form. We will review your request, and at our option, issue you a Return Authorisation number. If we issue you a Return Authorisation number, please clearly print it on the outside of the package when returning your product to us. You acknowledge that by issuing you with a Return Authorisation number, we are not representing that your warranty claim is valid or that you will be entitled to have your product repaired or replaced, or a refund provided in relation to that product.
2. Warranties, consumer guarantees and limitation of liability
2.1 Your rights under a product warranty are separate to and in addition to any other rights and remedies available to you under Australian law, including under the Competition and Consumer Act 2010 (Cth). In relation to returning faulty products, warranty periods are strictly enforced by manufacturers (and in relation to First Blood Custom System Products). If a claim is made under a warranty, it is very important that you immediately apply for a Return Authorisation number as soon as you become aware of the need to do so. When we receive your product, we will assess whether the product has a fault and can be accepted as a warranty claim. We may be required to consult with the manufacturer or their repair agent to determine the fault and resolution. If we have to send your product to the manufacturer or their repair agent, we will ask them to assess the product and provide their assessment within a reasonable timeframe. Where the assessment finds that there is no fault with the product, or that the product has been damaged due to use of the product by you for a purpose for which it is not intended, outside its recommended parameters or specifications, or circumstances otherwise beyond our control, we may require, at our option, that you compensate us for any fees incurred by us in relation to the assessment. Once your product assessment is completed, we will inform you whether your warranty claim is accepted, and subject to clause 17, whether we will repair, replace or refund your product.
For the purposes of this clause 2:
- Non-First Blood Product means any product sold on the Website, except for First Blood Custom System Products;
- First Blood Custom System Product means the custom system that is assembled by First Blood under our custom system assembly service; and
- Products means Non-First Blood Products and First Blood Custom System Products.
2.2 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
2.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
2.4 To the fullest extent permitted by law, the liability of First Blood for a breach of a non-excludable guarantee referred to in clause 2.3 is limited, at First Blood's option, to:
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(a) in the case of goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
(a) warranty or representation, express or implied, as to:
(i) the title, condition, design, operation, acceptable quality or fitness for purpose of any product (or any part thereof);
(ii) the absence of any latent or other defects;
(iii) the absence of any infringement of any intellectual property rights (including copyright and patents);
(iv) the absence of obligations based on strict liability in tort; or
(b) other representation, guarantee or warranty whatsoever, express or implied,
with respect to any Product or any part thereof or services sold on the Website.
2.6 Subject to clause 2.7, First Blood provides a 2 year return-to-base warranty on labour for all First Blood Custom System Products (First Blood Custom System Warranty). The First Blood Custom System Warranty commences from the date of delivery of the First Blood Custom System Product to you. Where it can be a fault with a Non-First Blood Product component in the First Blood Custom System Product , this warranty covers:
(a) the return of the First Blood Custom System Product to First Blood;
(b) First Blood replacing the faulty Non-First Blood Product component with a replacement; and
(c) First Blood delivering the First Blood Custom System Product back to you.
If you encounter any issues with the First Blood Custom System Product outside the First Blood Custom System Warranty, you will need to identify what you believe is the faulty Non-First Blood Product component, and return that component to us in accordance with the normal warranty procedure for us to assess whether that component is faulty and can be accepted as a warranty claim.
2.7 In addition to any manufacturers' warranties for Non-First Blood Products and the First Blood Custom System Warranty, the Products and services sold on the Website come with certain consumer guarantees. 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. First Blood does not have to pay for damages or losses that (i) are not caused by First Blood’s failure to meet a consumer guarantee, or (ii) are not reasonably foreseeable.
2.8 The consumer guarantees under the ACL have no set time limit, and depending on the price and quality of the Product, you may be entitled to a remedy even after any manufacturers' warranty for Non-First Blood Products, or the First Blood Custom System Warranty, has expired. In that circumstance, First Blood recommends that:
(a) in relation to Non-First Blood Products, you contact the manufacturer's customer assistance department directly. Although the manufacturer's warranty has expired, the manufacturer may assess the nature, cause and extent of a failure or fault if you believe your consumer guarantees have been breached. If you are not satisfied with the manufacturer's remedy, then please contact us (see clause 21) for assistance; or (b) in relation to First Blood Custom System Products, you contact us directly for assistance.
2.9 First Blood will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website or the goods and services advertised or purchased from the Website other than losses that 1) resulted from First Blood’s failure to meet a consumer guarantee; and 2) are reasonably foreseeable.
2.10 Subject to this clause 2, to the maximum extent permitted by law, you agree that the the maximum aggregate liability of First Blood for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.