TERMS AND CONDITIONS
In these Terms & Conditions (T&Cs), Accent Group Limited (us, we, our, Sports Direct Australia, Accent Group) (ABN 85 108 096 251) includes its subsidiaries and associates (unless otherwise stated).
The Sports Direct website (www.sportsdirect.com.au) and online store (Site) are owned and operated by Accent Group trading as Sports Direct Australia. The Site is a channel for customers to place orders for products we have available for purchase.
We will not be liable if, for any reason, the Site is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Site.
While the information contained in the Site is believed to be accurate and current, it is provided by Sports Direct Australia in good faith on an "as is" basis. Sports Direct Australia, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Site, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Site.
You may have rights under Australian Consumer Law, and these T&C’s do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.
To the extent (if any) that the content of the Site does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the Site.
ACCEPTANCE
Access and use of the Site is conditional upon your acceptance and compliance with these T&Cs. The T&Cs incorporate our Privacy Policy and any other documents they reference. You should read the T&Cs thoroughly before using the Site or purchasing any goods through the Site. Your use of the Site constitutes your agreement to the T&Cs.
Sports Direct Australia reserves the right to amend the T&Cs at any time and without notice to you. Sports Direct Australia may change the T&Cs from time to time, and your continued use of the Site after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the Site homepage at sportsdirect.com.au
These T&Cs shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.
ACCESS & USE OF THE SITE
The products available on the Site are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
You must not (or attempt to):
a) interfere with or disrupt the Site or the servers or networks that host the Site;
b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
c) interfere with security-related or other features of the Site.
You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
b) in a way that is illegal or unfair.
ORDERS, PRICING & AVAILABILITY
Prices displayed within the Site are shown in Australian dollars (AUD) and include GST where applicable. Pricing on a product detail webpage may not include delivery charges (if applicable). Please read the Shipping & Returns details contained within the Site for more information regarding delivery charges.
Any order placed by you in the manner described in the Site is an offer to purchase a particular product for the price (including the delivery and other charges and taxes) specified in the Site at the time you place your order on these T&Cs.
Sports Direct Australia reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on the Site, or an error in your order.
Prices of products and services, as well as delivery and other charges displayed on the Site are current at the time of issue, but may change at any time and are subject to availability. All pricing on the Site is available online only, and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.
Prices displayed on the Site are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from the Site.
PAYMENT
Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.
We accept payment via Visa, Mastercard, American Express (AMEX), PayPal and Sports Direct Gift Cards and Vouchers. You must comply with the applicable T&Cs of these providers.
FRAUD PROTECTION
Sports Direct Australia carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from Sports Direct Australia may contact you directly as part of this protection process.
If Sports Direct Australia determines an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.
If you believe you have been a victim of a fraud, please contact our Fraud Protection Officer via the Contact Us section of the Site (email or live chat).
REFUNDS
Please read the Refunds & Returns Policy contained within the Site for refund details. Our Refunds & Returns Policy outlines the circumstances that a refund will be available to you.
In the event Sports Direct Australia requests your bank account details to issue a refund, please ensure you provide the correct BSB and Account Number. Your refund may be delayed if the incorrect details cause the refund to bounce. We are not liable for any refunds processed into the wrong account due to incorrect information provided.
FAULTY PRODUCT RETURNS
If you believe you have received a product that does not meet the Consumer Guarantees under the Competition and Consumer Act 2010 (i.e. is Faulty), please contact our Customer Care team as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. To assist, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the product.
If the product is confirmed to be Faulty, we will replace, repair (if repair is reasonably possible) or refund the product to your original payment method, as appropriate. If the product is confirmed to have a major or serious failure, you will be entitled under the Consumer Guarantees to elect whether you want us to replace, repair or refund the product. If the product is found not to be Faulty, or you otherwise do not have a remedy under the Consumer Guarantees, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.
It does not constitute a Faulty product if, in our reasonable opinion, a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
CHANGE OF MIND RETURNS
In addition to your rights in relation to faulty products, you can return any product that complies with our Change of Mind Returns Policy.
For Change of Mind Returns, we will not refund any delivery costs that you have paid at purchase to have the product shipped to you, or the cost of any packaging you provide to send the items back to us. If the return, in our reasonable opinion, is not in compliance with our Change of Mind Returns Policy, we will contact you to ship the product back to you and you will be liable for the shipping costs both to and from us.
We monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and values, we are entitled to close or block access to your account or deny you from making future orders.
When you wish to return an item from a promotion (e.g. spend and save) where you must reach the minimum spend in one transaction for the offered discount or code to be applied, and as a result, your order no longer qualifies for the discount, then the terms of the promotion have not been met and the amount credited for the returned item will be adjusted or withheld. The amount credited will be outlined in the email sent to you upon return.
DELIVERY
Please read the Delivery Information contained within the Site.
Delivery times are indicative only, and Sports Direct Australia will not be liable for any failure to observe these delivery times.
Sports Direct Australia will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to, or collection by, a postal or courier service. You may provide authority to leave items unattended at the address. Sports Direct Australia will not be held responsible (and will not offer a replacement or refund) for any loss, theft or damage incurred as a result of your decision to authorise the leaving of items. You should consider whether you need to obtain any suitable insurance.
Delivery times are indicative only, and Sports Direct Australia will not be liable for any failure to observe these delivery times. We will do our best to ensure timely delivery of your order, but will not be liable for any loss or damage incurred as a result of delay caused by our delivery carrier for any reason including as a result of an incorrect delivery address being provided to us.
You must ensure that you are able to take delivery without undue delay. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first delivery attempt) accept delivery or collect the order from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for reasonable storage fees and other costs reasonably incurred by us; or
b) no longer make the order available for delivery or collection and notify you that we are cancelling the order, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the order, and any storage fees and other costs provided for above).
Our delivery partners may contact you via SMS to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or having delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.
ONLINE ACCOUNT
Sports Direct Australia offers the ability for you to create an Online Sports Direct Australia Account.
You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. Sports Direct Australia is entitled to assume that anybody accessing your account using your confidential username and password is you.
Be aware that others may access your account and private information if you do not sign-out before ending your session with Sports Direct Australia. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.
LIMITATION OF LIABILITY
Sports Direct Australia will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the Site or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the Site or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on the Site, including but not limited to, damages for loss of profits, use, data or other intangible, even if Sports Direct Australia has been advised of the possibility of such damages.
Where any Act of Parliament implies in the T&Cs any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the T&Cs, however, the liability of Sports Direct Australia for any breach of such term, condition or warranty shall be limited, at the option of Sports Direct Australia to any one or more of the following: If the breach relates to goods:
· the replacement of the goods or supply of equivalent goods;
· the repair of such goods;
· the payment of the cost of replacing the goods or of acquiring equivalent goods; or
· the payment of the cost of having the goods repaired.
If the breach relates to services:
· the supplying of the services again; or
· the payment of the cost of having the services supplied again.
PRIVACY
You may be asked to input information about yourself on the Site. We take your privacy seriously, and your personal information will always be treated in accordance with our Privacy Policy.
Our Privacy Policy sets out what information we collect, how we use it and what data we store.
INTELLECTUAL PROPERTY
All content displayed on the Site, including (but not limited to): all text, graphics, logos, names and trademarks (Content) is the property of Sports Direct Australia, or the property of their respective owners who have licenced the Content to Sports Direct Australia, and are protected by copyright, trademark and other intellectual property laws.
Except as permitted by the Copyright Act 1968 (Cth) no part of the Site or Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Sports Direct Australia.
THIRD PARTY CONTENT
At times the Site may contain links to other websites, which are not operated by us (Linked Sites). We may also provide embedded content hosted and controlled by third party providers (Embedded Content). Sports Direct Australia has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility, and is subject to the T&Cs of Linked Sites and Embedded Content.
Sports Direct Australia does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.
At times you may be able to provide, contribute, upload and publish (collectively, Publish) your own data, content or materials (User Content) to, or through, our Site and associated Sites (eg. our Blog, Facebook page, etc). User Content could include reviews, text, images, information, or comments, Published via email, comment, blog, enquiry, social media platforms, third-party partnerships and plug-ins, or other means.
You own any User Content that you Publish on the Site. Other users own any User Content they publish to the Site. Sports Direct Australia reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.
Your content must not include:
· Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements);
· Content that reveals private information, such as your or another person’s identity, or sensitive information, including names, email addresses, phone numbers or addresses;
· Content that infringes, or could possible infringe, the rights (including intellectual property rights, copyrights and trademarks) of others; and/or
· Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.
You are personally responsible and liable for your User Content. By uploading and publishing User Content you acknowledge that it does not contain any confidential information, and may be seen by others.
You are not entitled to any payment or compensation from Sports Direct Australia for our use of any User Content.
You can request removal of any User Content you Publish at any time via the Contact Us section of the Site (email or live chat).
You can report violations of the third-party and user content terms via the Contact Us section of the Site (email or live chat).
VIRUSES
Sports Direct Australia does not represent that any information (including any file) obtained from or through the Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
Sports Direct Australia will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Sports Direct Australia it shall be limited to the cost of re-supplying that information.
PROMOTIONS, PROMOTIONAL VOUCHERS AND COUPON CODES
From time to time, Sports Direct Australia may hold promotions such as special offers and discounts in-store or online at our Site. These promotions may be provided across both our in-store and online channels, but may also be limited to in-store or online channels only. Please note that promotions in-store may be different to promotions online. We recommend that customers check the terms of each promotion in order to avoid disappointment.
On our Site, “Promotional Voucher”, “Gift Voucher” and “Store Credit” are used interchangeably. “Coupon Codes” and “Promo Codes” are also used interchangeably.
Please note that there is a distinction between a “Gift Voucher” and "Gift Cards/e-Gift Cards". This section only relates to “Gift Vouchers”, not “Gift Cards/e-Gift Cards”
We accept Promotional Vouchers and Coupon Codes as payment, or partial-payment, for certain or specified purchases online. It is your responsibility to read the specific details about your Promotional Voucher or Coupon Code as provided with your Promotional Voucher or Coupon Code. These additional terms may outline what your Promotional Voucher or Coupon Code can or cannot be used for, whether it has a minimum spend, whether it applies only to a specific product or group of products, whether it is available for a limited time or specified date range, and/or only available to a specific customer group.
We reserve the right to deny use of the Promotional Voucher or Coupon Code, and/or request an alternative means of payment for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud Sports Direct Australia through the use of a Promotional Voucher or Coupon Code.
If the credit of a Promotional Voucher is insufficient to complete payment for an order, you can choose another accepted means of payment to cover the short fall. This could include an accepted Credit Card, PayPal, AfterPay or Gift Card where applicable.
Promotional Voucher and Coupon Code Exclusions:
(a) Unless otherwise specified, Promotional Vouchers and Coupon Codes cannot be used to purchase Gift Cards, Sale/Discount Merchandise and third-party or Non-Merchandised Product (e.g. Event Tickets).
(b) Unless otherwise specified, Promotional Vouchers and Coupon Codes are not available in conjunction with any other offer, including other coupon codes.
GIFT CARDS
Sports Direct Australia Gift Cards are redeemable in-store or online at the Site.
Gift Cards are valid for 3 years from the issue date, or until no amount remains on the Gift Card. Any balance that remains on the Gift Card after expiry will not be available for use.
Gift Cards cannot be exchanged (wholly or partly) for cash, reloaded, topped up or used to purchase other gift cards.
The value shown on a Gift Card includes GST.
Gift Cards are partially redeemable and any unused balance can be used for future purchases up to the expiry date.
Gift Cards should be treated like cash. Lost or stolen gift cards will not be replaced or refunded.
Items purchased using Gift Cards that are subject to our returns or refunds policy will be refunded as store credit. We reserve the right to issue you with a new Gift Card equivalent to the value of your refunded Gift Card purchase.
Should we suspect any fraud relating to a Gift Card, we may refuse to redeem the Gift Card until we are satisfied that no fraud has occurred.
We reserve the right to change these conditions at any time and will provide at least 14 days’ notice by posting the changes on the Site. If you contact us within the notice period and do not accept the changes, we can cancel the Gift Card and refund you any value remaining on the Gift Card