Terms of Sale

 

Important Notice: 

ASICS Oceania Pty Ltd is the authorized distributor of Onitsuka Tiger products within Australia. We are not able to guarantee the authenticity of products not distributed by us. For a list of authorized Onitsuka Tiger resellers in Australia, please visit our  store locator . 

This website (Site) is published and maintained by ASICS Oceania Pty Ltd (ABN 59 003 091 389) trading as Onitsuka Tiger located at 6 Darling Street, Marsden Park, New South Wales, 2765 (Company, our, us, we). If you visit and purchase any product offered on the Site, the following terms and conditions (Terms of Sale) will apply to your purchase, so please read them carefully.

These Terms of Sale only apply to the purchase of products offered for sale on this Site (Online Purchase). Separate terms and conditions apply to purchases made in Company owned or run retail stores and on other Company website including Asics.com.au. Promotions and offers advertised on this Site may not be valid in connection with any purchase made in Company retail stores, other Company websites or elsewhere. Similarly, promotions and offers available in Company retail stores, other Company websites or elsewhere may not be valid in respect of Online Purchases unless expressly stated otherwise in each case.

The Company may amend these Terms of Sale from time to time. Whilst we will use reasonable endeavours to notify you of any changes to these Terms of Sale, it is your responsibility to regularly check these Terms of Sale for any changes made prior to your Online Purchase. Your continued use of the Site or Online Purchase following the posting by us of any version of these Terms of Sale confirms your acceptance of the then current Terms of Sale.

Please refer to our separate Terms of Use for this Site. If there is any inconsistency between the Terms of Sale and the Terms of Use, then the Terms of Sale will prevail to the extent of the inconsistency in respect of Online Purchases.

Placing An Order: 

To purchase a product, please select a product by placing it in the Site shopping cart. Your selection of a product constitutes an offer by you to the Company to buy the selected product ("Order"). All Orders are subject to acceptance by the Company and are subject to availability. The Company will confirm receipt of the Order by e-mail.

The Company will confirm acceptance of the Order after your payment is received in full as cleared funds by dispatching the products to you and by sending an invoice to you by email confirming that your order has been accepted.

Price: 

Prices appearing on this Site are in Australian dollars and are inclusive of GST (where applicable).

The cost of your Order will be the price of the products ordered on the Site. However, you will be solely liable for all credit card charges, including bank charges on the transaction for each Online Purchase. The Company will add any transaction charges by your financial institution to the payment. Additional costs may apply as outlined in the 'Product Returns' section of these Terms of Sale.

At this time the Company offers free delivery for Online Purchases over $99. A shipping fee of $7.99 will be charged for orders $99 and below. The Company will advise you of any delivery fee charge before accepting your order. OneASICS current members will receive free delivery on all orders.

Payment: 

We only accept Afterpay, PayPal, Apple Pay, Zip Pay, Visa, Mastercard and American Express credit cards issued in Australia as methods of payment for an Online Purchase. If you have placed an online order with an overseas card, your order will be cancelled and refunded, and our customer service team will notify you.

You must be 18 years of age or older to make an Online Purchase and you may only use your own credit card.

We use Adyen and PayPal as our payment service to enhance the security of your Online Purchases. Click here  to read the PayPal terms and conditions. Click here  to read the Adyen terms and conditions.

To pay for an Online Purchase, simply complete the requested details when prompted to do so in the “Checkout” section of this Site.

Once your payment has been authorised by your bank, the Order will be processed.

You may only make an Online Purchase if you are a resident of Australia. The Company reserves the right to refuse any Orders not originating from Australia or any Orders placed by Australian credit card holders that are suspected to be made in a fraudulent manner.

Delivery: 

Online Purchases can only be delivered within mainland Australia and Tasmania.

Our carrier is unable to deliver to post office boxes, parcel lockers, locked bags or the following locations: airports, hospitals and prisons. Accordingly, any orders for delivery to these places will be cancelled and refunded and the products not sent or delivered. We reserve the right to refuse to deliver products to any locations that represent a hazard to the safety of the carrier or to the protection of the products. We will choose the method of delivery and the carrier or delivery agent.

For each Order that you make for an Online Purchase of a product, you agree that:

(a) the product will be delivered to the address you nominate in your Order
(b) you or someone acting on your behalf must be present at the delivery address specified in the Order during normal business hours
(c) if you or your agent are not present when the products are delivered the Company’s delivery agent may take the products to a local delivery depot, including any Australia Post office and you may need to collect the products
(d) the Company is not responsible for products sent to an incorrectly supplied address
(e) the Company is not responsible for products that you fail to collect from the Company’s delivery agent or any third party delivery depot, including Australia Post.

 

If your Order fails to arrive within 7 business days of the date of your Order, please Contact Us in writing. We will investigate your claim and, if we are satisfied (acting reasonably) that the product has not been delivered to your nominated address or to a suitable delivery depot from where you may collect your Online Purchase product, then, subject to the other terms and conditions in this Terms of Sale, the Company will send replacement product to satisfy your Order.

You are not entitled to exercise any right of set-off against moneys payable to the Company in respect of your Online Purchase.

Title in the product of an Online Purchase remains with the Company until the Company receives payment in full for the product.

Risk in the product of an Online Purchase passes to you upon delivery of the products to the address you specified in the Order or to a local delivery depot, including Australia Post.

Product Returns: 

If Company delivers you a product that you consider is not in accordance with your Order, please refer to the Company Online Purchase Returns Policy.

Product Description And Availability: 

All products are subject to availability. Products featured on this Site may not be available in the Company’s retail stores and, similarly, products featured in the Company’s retail stores or elsewhere may not be available on this Site.

Intellectual Property: 

All intellectual property rights in the products supplied by means of an Online Purchase are retained by the Company and you are not entitled to reverse engineer or rebrand the product in any way.

Consumer Warranties: 

Subject to your rights under the Australian Consumer Law (ACL), the Company gives no warranties of any kind (whether express or implied) in relation to any Online Purchase products. Company acknowledges that the products supplied to you come with guarantees under the ACL that cannot be excluded. Under the ACL, amongst other things, you are entitled to choose between either a replacement with the same type of product or a refund for a “major failure”. Where the failure does not amount to a major failure, we can choose between giving you a repair, a replacement with the same type of product or a refund.

Limitation of Liability: 

The Company’s liability for any loss or damage (however caused) in relation to the supply of Online Purchase products to you, or breach of these Terms of Sale, (Claim) is limited to the greater of:

(a) remedies available to you under the ACL (Schedule 2 of the Competition and Consumer Act 2010), in particular the consumer guarantees in respect of the supply of goods under the ACL, in respect of the Claim; or
(b) the purchase price of the Online Purchase product(s) you purchased in connection with the Claim.

 

Termination: 

The Company reserves the right to terminate any Online Purchase upon notice before delivery of the Online Purchase product. Company will promptly refund you the purchase price of the Online Purchase product if Company terminates your Online Purchase.

General Provisions: 

No waiver of any right, remedy or obligation by a party will be effective unless in writing and executed by that party. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Sale, or any portion thereof, to be invalid or unenforceable, that provision or portion is to be read down or severed to the extent of the invalidity or unenforceability for that jurisdiction, and the remainder of these Terms of Sale will remain in full force and effect. These Terms of Sale are governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflicts of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these Terms of Sale.