TMO SPORTS PTY LIMITED – TERMS AND CONDITIONS

Please read these Terms carefully prior to accepting these Terms. By accepting these Terms, you agree that: (1) we exclude our liability for any loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data; (2) we exclude our liability for any liability arising from loss of, or damage to, the products or any injury or loss to any person, failure or delay in providing the products or breach of the Terms or any law, where caused or contributed to by any event beyond our reasonable control or act or omission of you or your related parties; (3) our liability for the supply of the products will be limited to, the portion of the Price paid by you to us for the products the subject of the relevant claim; and (4) if your personal information is collected by us under these Terms, your personal information may be disclosed to third parties in accordance with our Privacy Policy solely for the purpose of us providing our website and the products sold on our website. These Terms do not intend to limit your rights and remedies at law, including any of your rights under the Australian Consumer Law.

Acceptance

  • This website (Site) is operated by TMO Sports Pty Limited (ABN: 61 075 986 604) (we, our or us). It is available at: www.tmosports.com.au and may be available through other addresses or channels.
  • By accessing and/or using the Site you:
    • warrant to us that you have reviewed these terms and conditions, including our Website Terms of Use (available on the Site) (Terms) and you have read our Privacy Policy (available on the Site), with your parent or legal guardian (if you are under 18 years old);
    • warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
    • agree to use the Site in accordance with the Terms.
  • You must not use the Site and/or place an order for products through the Site unless you are at least 13 years old.

Registration

  • You may purchase products from us without an account or you may choose to create an account with us which allows you to purchase products, review your order history and save items you may wish to purchase in the future. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
  • When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details and if you choose to create an account, you will choose a username and password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

Orders

  • You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
  • We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
  • Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
  • It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
  • When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

Price and payments

  • You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the product price.
  • You must pay the Price using one of the methods set out on the Site, including Mastercard or Visa, through third party buy Spotify Plays payment processors such as eWay, Zip Pay, PayPal or Afterpay.
  • If you pay the Price through a third party payment processor, the payment will also be subject to the relevant third party payment processor’s terms and conditions, including any terms and conditions relating to finance terms.
  • Unless you are approved to pay the Price under a finance plan, you must pay the Price upfront at the time you place your order and only once the Price has been paid in full will your products be dispatched to you.
  • You may request to pay the Price under a finance plan. We will provide you with details of available finance plans. Your approval to pay the Price under a finance plan will be subject to the finance provider. If your request for finance is approved, your arrangement to pay the Price under a finance plan will be between you and the finance provider; other terms and conditions and fees may apply; and any terms and conditions as to your payment of the Price under a finance plan will be incorporated into these Terms.
  • You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us or the third party payment processor is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
  • We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

Availability and Cancellation

  • All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. We may display that a certain product is low in stock, and you may contact us prior to making your purchase, to determine that product’s availability.
  • We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to wait for the product you have purchased or we will provide a refund for any products that you have purchased, but we have not delivered to you for reasons set out in this clause.

Delivery, Title and Risk

  • If possible, we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide (unless our delivery company does not deliver to your area). If you are not sure if we can deliver to you, please contact us to discuss delivery options.
  • Delivery costs are set out on the Site.
  • We normally dispatch products within 48 hours of receiving an order, unless otherwise noted on the Site.
  • If you need to change the delivery date or delivery address, please notify us immediately in writing.
  • We may deliver the products using a range of delivery options, including Australia Post. You will need to sign for deliveries, unless you elect to authorise the products to be left at the delivery address without signature, which will also be subject to the delivery company’s discretion if there is a safe place at the delivery address. The delivery company will determine whether there is a safe place to deliver the products at the delivery address.
  • Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
  • Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order, including if the delivery company places the products at the delivery address without your signature. Once risk in the products passes, you will be solely responsible for them.

Returns

  • We offer refunds of products for change of mind where we determine (at our absolute discretion):
    • you have provided the proof of purchase (with the returned product highlighted) and you purchased the products within 30 days from the date the products were delivered to you;
    • the products are in their original condition and have not been used, damaged, tampered with or altered;
    • the products are in their original undamaged packaging with all product tags still intact. If marks (e.g. sticky tape on the packaging) are evident on the products, this may result in your return of the product not being approved by us;
    • the products are not sale items, custom-made, special buy products or gift vouchers;
    • a return form has been completed and we have issued a return authorisation number to you; and
    • you return the product to us with a reference to the return authorisation number.
  • If in our reasonable opinion, we hold the view that you are abusing, or have abused, or undertaken unreasonable repetitious and vexatious returns, we will have no obligation to process your request for refund.
  • If a return has been approved by us, we will provide you with a refund for the price of the relevant product using the original payment method you used to purchase the product minus our $10 restocking fee. You may, at your discretion, choose to purchase another product on our Site to exchange the original product you purchased.
  • If a return has not been approved by us, we will notify you and, on your direction, we will return the products back to you, at your cost (which currently will be $15.00). If you do not respond to us within 90 days of the date we notify you that the products have not been approved for return, you agree that you waive your rights to the return of the product, and we may donate the products to charity, with no liability to you.
  • We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself. We recommend that you use a delivery service that allows for the tracking of the delivery of the product and that requires signature on delivery. You are responsible for the risk in the products if you wish to return the products to us, and you agree that we will not be liable for any products that are lost or damaged in transit.
    Australian Consumer Law
  • Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
  • Where you return the products to us to seek an Australian Consumer Law remedy, you will need to contact us via email at contact@tmosports.com.au as soon as practically possible and you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
  • Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and refund you the price of the relevant product using the original payment method you used to purchase the product.
  • Please contact us for further information.

Warranty Against Defects

In Australia, our goods come with guarantees which 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 the failure does not amount to a major failure.
  • In addition to any other rights you may have under the Australian Consumer Law, we will supply products to you free from Defects (as defined below) (Warranty) for the period set out on the warranty page for the brand of the product on our Site (Warranty Period).
  • What is a defect? Our Warranty applies to any faulty materials or workmanship in the relevant products (Defect).
  • What do you need to do to claim the Warranty?
    • If within the Warranty Period, you believe you have a product the subject of a Defect you must cease using the product and contact us in writing along with a photo and description of the Defect, together with our warranty returns form.
    • If we ask you to, you must return to us the defective products, together with all packaging, parts, accessories, documentation and proof of purchase to the contact details set out below. We will provide you with a return authorisation form, which needs to be included in your return of the defective product.
    • You should ensure that the product is packed properly to minimise the risk of damage during transit. You should ensure that the defective product is returned and received by us within 14 days of completing and submitting the warranty returns form. You should ensure that the products are cleaned prior to being returned, including ensuring that any clothing is washed before it is returned.
    • We will notify you by email once we receive the defective product.
  • What will we do if you make a successful claim under our Warranty? We will notify you by email of a successful claim and, at our own cost:
    • repair or replace the product (the decision of whether to repair or replace is at our sole discretion); or
    • if we are unable to repair or replace the product, we will refund to you the price of the product.
  • Who is responsible for delivery costs? Where you return a product as part of a Defect claim you will need to cover any associated costs of you returning the products to us and getting the products returned to you. Only where we find the product is covered by our Warranty will we reimburse the associated costs of you returning the product to us (subject to you providing us with proof of the associated costs), and we will also pay for the costs in returning a repaired or replacement product to you.
  • What if the product is not covered by the Warranty? We will notify you by email of an unsuccessful claim. On your direction, we will return the products back to you, at your cost (which currently will be $15.00). If you do not respond to us within 90 days of the date we notify you that the products are not covered by the Warranty, you agree that you waive your rights to the return of the product, and we may donate the products to charity or otherwise dispose of the products, with no liability to you.
  • Damage Not covered by our Warranty The following damage is not covered by our Warranty:
    • use of the product for which it was not designed;
    • continued use of the product (where such use is not reasonable) after any Defect in the products becomes apparent or would have become apparent to a reasonably prudent person;
    • the incorrect installation or removal of, or attempt to, repair the product;
    • poor maintenance, unauthorised modification, or improper, negligent or careless use of the product;
    • the product, being abused, or involved in an accident;
    • damage or deterioration to the surface finish, aesthetics or appearance of the product;
    • a component in a sale of a complete bicycle whether pre-assembled or subsequently assembled;
    • failure on your part to properly maintain the products in accordance with instructions or guidelines;
    • failure on your part to follow instructions or guidelines in relation to your products;
    • reasonable wear and tear of the products; or
    • circumstances beyond our reasonable control, including, war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire or other natural disaster.

Intellectual property

  • All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
  • You must not, without our prior written consent:
    • copy or use, in whole or in part, any of our intellectual property;
    • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
    • breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

Limitations

  • Despite anything to the contrary, to the maximum extent permitted by law:
    • our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
    • we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  • Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
    • loss of, or damage to, the products, or any injury or loss to any person;
    • failure or delay in providing the products; or
    • breach of the Terms or any law, where caused or contributed to by any:
    • event or circumstance beyond our reasonable control; or
    • act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

Collection Notice

  • We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.
  • We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
  • Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
  • By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

General

  • Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
  • Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
  • Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
  • Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
  • Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
  • Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
  • Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
  • Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
  • Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
  • Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
For any questions and notices, please contact us at:

TMO Sports Pty Limited (ABN: 61 075 986 604)
Address: 85 Bourke Rd, Suite 9, Alexandria, NSW 2015
Email: contact@tmosports.com.au
Phone Number: 02 9700 7977
Last update: 30 June 2021
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