TERMS OF SALE
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 described or 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 included Asics.com.au and My.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 without notice. It is your responsibility to regularly check these Terms of Sale for any changes made prior to your Online Purchase. Your continued use of this Site or Online Purchase following the posting by us of any version of these Terms of Sale confirms your acceptance of the Terms of Sale and all changes.
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 when 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. Any order that is not captured by our order management system will not be processed.
Prices appearing on this Site are in Australian dollars and are inclusive of GST (where applicable).
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 reserves the right to charge a delivery fee and will advise you of any such charge before accepting your Order.
Due to circumstances beyond our control, prices may have to be altered once you place an Order, including as a result of any variations in the rate of GST. If this occurs the Company will notify you and request that you reconfirm the Order at the altered price.
We accept only Visa, MasterCard and AMEX credit cards as methods of payment for an Online Purchase. If you have placed an online order with an oveseas card, your order will be cancelled and our customer service team will notify you.
We use Visa and MasterCard secure code systems to enhance the security of your Online Purchases.
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 in 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.
Your Online Purchase will be delivered in accordance with our Shipping policy.
We reserve the right in our sole discretion to refuse to deliver products to any locations that represent an obvious hazard to the safety of the carrier or to the protection of the products.
We will endeavour to forward your Online Purchase products within 2 business days of our receipt of your payment for the Order of those products. For each Order you make for an Online Purchase of a product you agree that:
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|(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 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 5 business days of the date of your Order, please Contact Us in writing. We will investigate your claim and if we are satisfied 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 products, then subject to the other terms and conditions in this Terms of Sale, the Company will send replacement products 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.
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.
Orders accepted by the Company will only be cancelled by the Company in its sole discretion, including the recovery of its reasonable costs for the acceptance of the Order, delivery of the products and its cancellation. Once an order has been placed it cannot be cancelled. The Company has the right to review this on a case-by-case basis. You may Contact Us in order to make a request for the cancellation of the Order.
PRODUCT DESCRIPTION AND AVAILABIILTY
We take all reasonable measures to ensure that details, measurements and descriptions of the products given on this Site are as accurate and complete as possible but there may be variations between these and the products supplied for an Online Purchase. We do not warrant that the product descriptions are complete or error-free.
All products are subject to availability. The products displayed on this Site may not be available when you place an order on this Site.
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.
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 Australian Consumer Law that cannot be excluded.
Company will not be liable for any loss resulting from any action or decision by you in reliance on third party security codes used on this Site for your Online Purchase.
The inclusion of any advertising or other information or third party material on any page of the Site which promotes products or services to be supplied by a party other than the Company does not imply that the Company endorses or recommends any such party, product or service.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any consequential, incidental, indirect, punitive, or special damages that result from (A) an Online Purchase, (B) the delivery of Online Purchase products, (C) or the failure to deliver Online Purchase products, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. To the extent that the Competition & Consumer Act, 2010 ("Act") does not allow the exclusion or limitation of consequential or incidental damages, the above limitation or exclusion may not fully apply to you.
To the extent permitted by law, the liability of the Company, its officers, employees and agents, for any breach of these Terms of Sale and/or the supply of the Online Purchase products to you, including all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) (Claim) shall not exceed the purchase price of the Online Purchase product(s) you purchased in connection with the Claim.
Without limitation to the foregoing (including the Disclaimer section of these Terms of Sale), Company’s liability, if any, for any breach of a condition, warranty or guarantee implied by the Act, which cannot be excluded, is limited to any one or more of the following as determined by Company in its absolute discretion:
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|(a) ||in the case of goods, the replacement or repair of the goods or the supply of equivalent goods; or the payment of the cost of repairing the goods or of supplying equivalent goods |
|(b) ||in the case of services, the supply of the service again; or the payment of the cost of having those services supplied again. |
You agree to indemnify and keep indemnified Company from and against any Claim and all costs, loss, liability, claims or damages which Company incurs or suffers as a result of any default by you in respect of these Terms of Sale or of any act or omission by you in connection with your use of the Site.
The Company reserves the right to terminate any Online Purchase upon notice before delivery of the Online Purchase product. Company will reimburse you the purchase price of the Online Purchase product if Company terminates your Online Purchase.
These Terms of Sale and any additional terms posted on this Site together constitute the entire agreement between the Company and you with respect to your Online Purchase. No waiver of any obligation by the Company will be effective unless in writing and executed by the Company. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Sale, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms of Sale. These Terms of Sale shall be 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. You irrevocably and unconditionally submit 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. The Company reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce its rights under these Terms of Sale.