TERMS AND CONDITIONS OF USE

CRITICAL SAFETY AND LIABILITY WARNING – READ FIRST

Solar Observation Safety – RISK OF PERMANENT BLINDNESS
By purchasing or using our products, you explicitly acknowledge and accept that:

Solar observation carries inherent risks of immediate, permanent blindness.

Invisible wavelengths can cause instant, irreversible eye damage.

NEVER point any optical equipment at the sun without appropriate, certified solar filters properly attached to the front of the equipment.

Children must NEVER have unsupervised access to equipment.

Eyepiece solar filters are dangerous, prohibited, and illegal in Australia.

To the maximum extent permitted by law, we accept no liability for any injury or damage resulting from solar observation attempts. You assume all risks associated with solar observation.

Equipment Safety and Liability
You explicitly acknowledge that:

Equipment may be heavy and require two-person handling.

You will read and follow all provided manufacturer safety instructions before use.

These are NOT TOYS – strict adult supervision is required.

We are not liable for injury or damage resulting from misuse, improper handling, or unauthorized modification of the equipment.

1. INTRODUCTION AND DEFINITIONS
1.1 About These Terms
This website is operated by Astro Dog (ABN: 99 627 185 499) (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of astrodog.com.au (“website”) and all purchases. By using our website or making a purchase (e.g. over the phone), you enter into a legally binding agreement subject to these Terms.

2. LEGAL FRAMEWORK AND CONSUMER RIGHTS
2.1 Australian Consumer Law (ACL)
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
a) For major failures with the service, you are entitled:

To cancel your service contract with us; and

To a refund for the unused portion, or to compensation for its reduced value.

b) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
c) To the maximum extent permitted by law, and subject to your ACL rights, we exclude all other liability including consequential losses, lost profits, and third-party claims.

2.2 Governing Law and Jurisdiction
a) These Terms are governed by the laws of Queensland, Australia.
b) Both parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.

3. PRODUCT PURCHASE AND USE LIMITATIONS
3.1 Intended Use
Products are designed for astronomical observation and photography. Any use outside manufacturer guidelines:
a) May void applicable warranties.
b) Releases us from liability for resulting damage or injury, to the extent permitted by law.
c) Is undertaken entirely at the user’s risk.

3.2 Order Process
a) Orders constitute an offer to purchase.
b) We reserve the right to refuse or cancel any order due to pricing errors, suspected fraud, or stock unavailability.
c) If we cancel an order for which you have already paid, we will provide a full refund of the purchase price.

4. PRODUCT INFORMATION, ORDERING, AND DELIVERY
4.1 Product Information Disclaimer
a) While we strive for accuracy, information provided is based on manufacturer specifications and is subject to change.
b) Visual representations are indicative only; actual technical specifications may vary slightly.
c) You are solely responsible for ensuring software and hardware compatibility prior to purchase.

4.2 Stock and Availability
a) Stock levels are indicative only.
b) For backorders/pre-orders, delivery dates are estimates.
c) If a product becomes permanently unavailable, we will offer a comparable substitute or a full refund.

4.3 Payment Terms
a) Payment must be cleared in full before dispatch.
b) Accepted methods: eWay, Stripe, Afterpay, PayPal, Direct Deposit.
c) For direct deposits, funds must clear before goods are released. We reserve the right to cancel orders if payment is not received within 3 working days.

4.4 Delivery Inspection and “Dead on Arrival” (DOA)
a) The User must inspect all goods for visible damage and test electronic functionality within 5 business days of receipt.
b) You must notify us in writing of any missing components, transit damage, or out-of-box defects within this period.
c) Failure to inspect and notify us within this timeframe may limit your remedies under these Terms, to the extent permitted by law.

5. INTERNATIONAL ORDERS
5.1 International Transactions
By placing an international order, you accept:
a) Full responsibility for all import duties, taxes, customs clearance, and local law compliance.  In cases of orders from the USA, we employ Australia Post’s recommended method of tax payment, which you accept.
b) We accept no liability for customs delays, seizures, or local certification requirements.
c) If an international delivery is returned to us due to unpaid duties or customs refusal, any refund provided will be minus original shipping costs and return fees.

6. WARRANTY, ELECTRONICS, AND TECHNICAL SUPPORT
6.1 Warranty Limitations and Unauthorized Repair
Subject to your rights under the ACL, manufacturer warranties typically:
a) Apply to manufacturing defects.
b) Exclude damage from user error, environmental factors, physical drops, and normal wear and tear.
c) Opening equipment housings, attempting self-repair of electronics or mechanics, or using unauthorized third-party repairers immediately voids all warranty claims. Goods must be returned to us or a manufacturer-nominated repairer for any warranty assessment.

6.2 Electronic Components and Power Supply Specifications
Electronic components, including but not limited to computerized mounts, motors, hand controllers, circuit boards, and cameras, are highly sensitive to environmental conditions and power supply quality.
a) The User is solely responsible for supplying clean, regulated power matching the manufacturer’s specified voltage, amperage, and polarity.
b) The User acknowledges that damage arising from power surges, incorrect voltage/polarity, use of unregulated or non-approved third-party power tanks, or improper cables constitutes user-environment damage and is excluded from warranty coverage. Please refer to the Power Requirements Notice provided with your equipment.

6.3 Environmental Hazards (Dew and Condensation)
Astronomical equipment is designed for use within the environmental parameters specified by the manufacturer.
a) The User acknowledges that outdoor nighttime operation carries risks of dew and condensation.
b) Electronic failure caused by moisture ingress, severe condensation, temperature extremes, or failure to use appropriate protective measures (such as dew shields, dew heaters, or protective covers) is considered environmental damage and is not covered under warranty.

6.4 Firmware and Software Modification
Modification of firmware, software, or internal settings beyond those expressly permitted in the manufacturer’s official documentation will void all warranty claims relating to electronic functionality and releases us from liability for any resulting failure or operational damage.

6.5 Technical Support
a) Basic technical support is provided at our discretion.
b) We may require proof of purchase and photo/video evidence to assist with diagnostics.

7. LIABILITY AND INDEMNIFICATION
7.1 Limitation of Liability
Subject to the ACL, our total liability for any claim arising from these Terms or the products is limited to the purchase price of the affected product, its replacement, or the repair of the goods. We expressly exclude liability for business interruption or lost opportunities.

7.2 Indemnification
You agree to indemnify Astro Dog against any reasonable costs, expenses, or third-party claims arising directly from your breach of these Terms, negligent acts, or improper/illegal use of the products.

8. DISPUTE RESOLUTION
Before initiating formal legal action, both parties agree to attempt to resolve any dispute in good faith. You must provide written notice detailing the issue, and we will engage in a 30-day resolution period. If unresolved, mediation in Queensland is encouraged before court proceedings.

9. WEBSITE USE AND SECURITY
We reserve the right to modify website access or functionality to maintain security. You must ensure your devices are secure. We accept no liability for data breaches resulting from user negligence or compromised local accounts.

10. FORCE MAJEURE
We are not liable for failures or delays in performing our obligations due to events beyond our reasonable control, including natural disasters, government actions, severe supply chain disruptions, or shipping delays.

11. FINAL PROVISIONS
11.1 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

11.2 Updates
We may update these Terms periodically. Your continued use of the website following any changes indicates your acceptance of the updated Terms.

12. CONTACT INFORMATION
Email: sales@astrodog.com.au
Phone: 1300 278 763
(Please allow up to 2 business days for a response)

13. ACKNOWLEDGMENT
By using our website or purchasing products, you acknowledge that you have read, understood, and accept these Terms, and that you are at least 18 years old or have the consent of a legal guardian.

Document Version: 4.0
Last Updated: 21/2/26