Terms of use

General

All references to $ and dollars on the website are to Australian currency. All prices were current at the time of publication on the website and are inclusive of GST.

Freight

Freight charges are payable in addition to the product price. A number of different delivery methods may be used depending on the type of order.

Products will generally not be delivered to an unattended address unless you specifiy otherwise. Delivery people require a signature from an occupant at the specified delivery address. Therefore, we recommend a work address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest delivery depot. You are then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery. Freight includes insurance and packaging.

Additional Freight

This website is owned and operated by Activewear Online Pty Ltd ("Activewear Online" or "us"). The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use ("Terms"). By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.

Usernames and Passwords

If Activewear Online authorises you to register for or otherwise use online shopping, then you must keep your username and password (if any) confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).

Online Shopping

Once registered you will be entitled to shop online and purchase products securely with your valid credit card or pay pal account. By submitting an order you represent and warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order (including taxes and freight charges) to that card or payment method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

Product disclaimers

Reproduction of colours on the web is as accurate as photographic processes allow, however actual product colours may vary slightly from what is displayed on your computer monitor and may vary from monitor to monitor.

Although listed on the website, some items, sizes, colours and styles might not be immediately available or temporarily or permanently out of stock. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.

Delivery

Please allow at least ten (10) working days for delivery of online orders. Delivery time is subject to stock availability, this period may be extended by up to thirty (30) days.

Prices

Additional freight charges will be quoted upon receipt of your order. Items falling into the following categories may incur additional charges:
  1. Heavy, bulky and awkward items;
  2. Express or urgent deliveries; or
  3. Bulk or quantity orders.

Intellectual Property

Activewear Online is the owner or authorised user of all intellectual property in and associated with the website. Activewear Online is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website. You have no rights in or license to any of the intellectual property, trade marks, logos, content, names or designs, whether registered or unregistered, associated with the website. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. You may copy and email our webpage URL to your family and friends or post it to social media sites for private and non-commercial purposes.

Advertising

This website may include advertisements or hyperlinks concerning products or services provided by third parties. These advertisements/links are not recommendations or endorsements by Activewear Online. Activewear Online does not control the content of and is not responsible for the advertisements/links. Activewear Online will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising or links on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.

Disclaimer

This website is provided to you by Activewear Online “as is". To the fullest extent permitted by law, Activewear Online excludes any and all warranties (whether express or implied) relating to the website including, but not limited to, warranties concerning:

  1. merchantability and fitness of purpose;
  2. the website meeting your particular interests and requirements;
  3. the material on the website being accurate, complete or reliable;
  4. the website and the server being available and free of defects;
  5. the website and the server being free of technical problems or viruses; and
  6. the confidentiality of information transmitted to or from the website.

You are entitled to statutory consumer guarantees under the Australian Consumer Law. Activewear Online does not exclude or limit those consumer guarantees.

Limitation of liability

To the fullest extent permitted by law, Activewear Online excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:

  1. your use or misuse of the website or any material on the website;
  2. your inability to access or use the website or any material on the website;
  3. the loss or modification of information or material transmitted to or from the website;
  4. the loss of confidentiality in any information or material transmitted to or from the website;
  5. any defect, technical problem or virus attached to or arising from the website or the server;
  6. the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
  7. any injury or illness you or any other person sustains as a result of the use of the website; and
  8. the products displayed on the website being unavailable at any time.

If Activewear Online breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Activewear Online for a breach of the applicable term, condition or warranty is limited to, at the election of Activewear Online:

  1. the resupply of the relevant product, advice, service, recommendation or information; or
  2. the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.

You are entitled to statutory consumer guarantees under the Australian Consumer Law. Activewear Online does not exclude or limit those consumer guarantees.

Privacy

Any personally identifiable information that you submit through or in relation to the website is collected and used by Activewear Online in accordance with its Privacy Policy. You can review the Privacy Policy here.

Additional Terms

Additional terms and conditions are attached to certain pages of the website such as the Activewear Online loyalty club or competitions from time to time. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.

Changes to the website and your access

Without prior notice to you and in its absolute discretion, Activewear Online reserves the right to:

  1. vary or discontinue the website or any page of the website at any time; and
  2. suspend or terminate your access to part or all of the website at any time,

and Activewear Online is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

Changes to the Terms

Activewear Online reserves the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the Terms.

Severance of clauses

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

Governing law

This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Effective: 14.10.2010