Terms and Conditions

TERMS AND CONDITIONS

 

 

PLEASE READ THIS AGREEMENT CAREFULLY.  IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES. IF YOU DO NOT AGREE WITH ANY OF OUR TERMS, DO NOT USE THE SITE.

WE URGE YOU TO READ THESE TERMS CAREFULLY, AS THEY INCLUDE LIMITATIONS OF LIABILITY, ARBITRATION OF DISPUTES, A WAIVER OF CLASS ACTIONS AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

 

 

1. ACCEPTANCE

 

• The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by this Agreement if the Client places an order for or accepts delivery of the Goods or Services.
• The Client and GS Sportz agree that the terms of this Agreement may be amended unilaterally by GS Sportz giving 30 days’ written notice. Clerical errors are subject to correction without notification.

 

 

2.  PRICING & GST

 

• Prices quoted for the supply of Goods include GST.
• If the Customer requests any variation to the order, the Supplier may increase the price to account for the variation.
• Where there is any change in the costs incurred by the Supplier in relation to Goods, the Supplier may vary its price to take account of any such change, by notifying the Customer.
• The Customer acknowledges and agrees that occasionally the prices of the Goods listed on the Website may be incorrect due to a technical glitch or human error, for example a product is listed as a cost of $0.00, and that the Supplier will be able to recover the actual cost of the Goods from the Customer unless the Customer chooses to cancel the order.

 

 

3.  DELIVERY & PICKUPS

 

• The Customer is responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the Goods to the Customer to the point of delivery.
• The Supplier may make part delivery of Goods and the Supplier may invoice the Customer for the Goods provided.
• The Customer indemnifies the Supplier against any loss or damage suffered by the Supplier, its sub-contractors or employees as a result of delivery, except where the Customer is a consumer and the Supplier has not used due care and skill.
• Delivery is deemed to have taken place once the Goods have been left at the Customer Premises or a confirmation has been entered into the Supplier’s system, or a delivery docket is signed by the Customer, whichever is the earlier. If delivery is attempted and is unable to be completed, the Customer is deemed to have taken delivery of the Goods.  The Customer is liable for any re-delivery charges if the Goods are returned to the Supplier payable on demand.
• If there has been a non-delivery in relation to the Goods ordered, the Customer must notify the Supplier within 7 days of such non-delivery.
• If the delivery is delayed due to a Force Majeure or third party being unable to dispatch the Goods, the Customer acknowledges and agrees that the Supplier may either part deliver the Goods with the rest of the Goods or full delivery occurring within six (6) months from the date of the order of the Customer.
• Pickups are available but must be pre-arranged with the Supplier in advance.  

 

 

4.  PRE-ORDERS

 

• The Supplier may allow pre-orders for Goods which are not currently available for delivery.
• The Customer acknowledges and agrees that any pre-orders placed with the Supplier by the Customer can only be cancelled within 7 days of the original order being placed by the Customer with the Supplier and cannot be amended or cancelled by the Customer after that period as the Supplier will place the order with the manufacturer based on and in reliance on the Customer’s order of specific items.

 

 

5.  ORDER CANCELLATIONS

 

We strive to have all orders picked, packed, and shipped as quickly as possible because we know you can't wait to receive it!  With that in mind, once your order is placed, we are not able to cancel your order.  Please see the return policy for additional information if a return is still needed.

 

 

6.  RETURNS & REFUNDS

 

• The Supplier will not accept return of Goods once these have been manufactured to the Customer’s specifications.
• The Customer must inspect the Goods on delivery, and notify the Supplier of any defect/damage, shortage of quantity, or incorrect description of order within 48hrs after delivery.
• In the event that the Goods are damaged in transit, the Customer must notify the Supplier within 24 hours of receiving the Goods and provide the Supplier with photographs of the damage. The Supplier will then provide instructions to the Customer on returning such Goods and obtaining a replacement or a refund, at the sole discretion of the Supplier.
• No refunds will be given when the Customer provided wrong dimensions or details for any of the Goods purchased.
• Subject to ACL, no refunds will be given in regards to sale items or change of mind.
• Must be in the same packaging, original tags, and returned at customers cost.
• We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method or item cost only. Please remember it can take some time for your bank or credit card company to process and post the refund too.

 

 

7.  WARRANTY & SERVICE

 

If you are not fully satisfied with a purchase from the Site, you may return it in the item’s original packaging within thirty (30) days of delivery.  Except in the instance we offer free shipping as a promotional offering on the Site, for online purchases made on the Site, shipping fees will be charged in accordance with our Shipping and Delivery Terms.

 

See out Warranty Page for details on each products warranties.  

 

 

8.  DAMAGES & ISSUES

Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

 

9.  LIMITATIONS & LIABILITIES

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY of GS Sportz PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages of any kind that are directly or indirectly related to: (a) the Site (including the Content and the User Content); (b) your use of or inability to use the Site or the performance of the Site; (c) any action taken in connection with an investigation by GS Sportz Parties or law enforcement authorities regarding your access to or use of the Site; (d) any action taken in connection with copyright or other intellectual property owners or other rights owners; (e) any errors or omissions in the Site’s technical operation or content; or (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if GS Sportz Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure or destruction of the Site).   GS Sportz will not be liable for any injury, death, or loss of damages of any kind in relation to use of any product supplied by us. 

 

 

10.  FORCE MAJEURE

• GS Sportz is not liable in any way howsoever arising under the Terms to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, epidemic, import or export restrictions, floods, fires, earthquakes and other acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, the Supplier may suspend or part deliver any orders with the Customer and terminate any order by written notice to the Customer.

 

 

11.  THIRD PARTY SITE

 

  Use of Website

• The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the information provided or sold or any part of the Website without express written permission provided by the Supplier.
• The Customer may be able, through hypertext or other computer links, to gain access to other Websites operated either by the Supplier, its affiliates or other third parties ("Linked Websites").  Unless otherwise specified, the Linked Websites are not under the Supplier's control.  The Linked Websites may have different terms of use and privacy requirements.  Unless otherwise specified, the Supplier is not responsible for the content of any Linked Websites, or any changes or updates to such Websites.  The Supplier provides these links for the Customer’s convenience only.  The Customer links to any such Linked Websites at its own risk.  The Supplier is not a party to any transaction between the Customer and a Linked Website.  Unless specified, the Supplier does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Websites.
• The Supplier does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on the Website ("Information") or that it is suitable for the Customer’s intended use.  The Information is provided by the Supplier in good faith on an "as is" basis without warranty of any kind.
• The Supplier does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.  The use of this Website and the Information is at the Customer’s own risk.
• The Supplier makes no warranties, guarantees or representations that the material in this Website will not cause damage or that the material is free from any computer virus or other defects.  It is your responsibility to complete a virus check on any Information downloaded.
• All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Website or the Information is expressly excluded to the maximum extent permitted by law.
• The publication of the Supplier's email addresses on the Website is to facilitate communications relating to the Goods supplied by the Supplier.  It must not be inferred as consent by the Supplier to receive unsolicited commercial electronic messages.
• The Website may contain cookies.

 

 

12.  WAIVER OF INJUNCTIVE or OTHER EQUITABLE RELIEF

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH HEREIN, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEB SITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY GS Sportz OR A LICENSOR OF GS Sportz.