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Terms & Conditions


About the Website

Welcome to www.mikepawleysports.com.au (the ‘Site’). The Site is operated by Mike Pawley Sports Pty Ltd (ABN 19 612 874 665). Our online store is hosted by Intelligent Retail who provide us with the online e-commerce platform that allows us to sell our products to you.

Please read these Terms and Conditions (‘Terms’) carefully. By accessing, using, or browsing the Site, this signifies that you have read, understood, and agree to be bound by the Terms.

By visiting our Site and/or purchasing something from us, you engage in our ‘Service’ and agree to be bound by the Terms, including those additional terms and conditions, policies and notices referenced herein.

These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Throughout the Site, the terms “we”, “us” and “our” refer to Mike Pawley Sports. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

General Disclaimer

All care is taken in the preparation of the information and published materials on this Site. Mike Pawley Sports does not make any representations or give any warranties about its accuracy, reliability, completeness, or suitability for any particular purpose. To the extent permissible by law, Mike Pawley Sports will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

Mike Pawley Sports will make every effort to ensure that product information contained on the Site is accurately depicted, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Site.

This site may contain hypertext links, frames or other references to other parties and their websites. Mike Pawley Sports cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. Mike Pawley Sports do not necessarily approve of, endorse, or sponsor any content or material on such sites. Mike Pawley Sports make no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Acceptance of the Terms

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity and Mike Pawley Sports, concerning your access to and use of the Site as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

You agree that by accessing the Site, you have read, understood, and agree to be bound by all terms, conditions, policies, and notices stated herein these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.

By agreeing to these Terms, you represent that you are at least 18 years old and you have given us your consent to allow any of your minor dependents to use this site.

These Terms are governed by Australian law and are subject to the non-exclusive jurisdiction of the Australian courts.

User Registration

You may be required to register with the Site and provide personal information about yourself such as identification and contact details. You warrant that any information you give to Mike Pawley Sports in the course of completing the registration process will always be accurate, correct and up to date. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

When using this Service, you have the sole responsibility for protecting the confidentiality of your account, email address and/or password. You agree to immediately notify Mike Pawley Sports of any unauthorised use of your account or password or any breach of security of which you have become aware.

You may not register to use this Service and may not accept the Terms if:

  • You are not of legal age to form a binding contract with Mike Pawley Sports;

  • You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services; or

  • You are using the Site for any illegal and/or unauthorised purposes which includes collecting email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Site.

Products

Mike Pawley Sports will make every effort to ensure the colours, features, specifications, images, and details of the products available on the Site are accurately depicted. However, we do not guarantee that the colours, features, specifications, images, and details of the products will be accurate, complete, reliable, current, or free of other errors. We cannot guarantee that the electronic display on your device or computer monitor will accurately reflect the actual colours and details of the products.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products that we offer. We reserve the right to discontinue any products at any time for any reason.

Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Returns & Refund Policy.

Availability

All products on our Site are subject to availability, and we cannot guarantee that items will be in stock. If you are ordering goods that are out of stock, we will dispatch them when they are received from our supplier. On occasion goods are subject to availability and delay in delivery of goods is sometimes outside our control. As such, delivery cannot be guaranteed and any dates we specify for the delivery of the goods are approximate only. We shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods.

Pricing

The prices we charge for our products are listed in Australian dollars (AUD) and include GST (charged at the rate of 10%) where applicable. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

When buying an item, you agree that:

  • you are responsible for reading the full item listing before making a commitment to buy it.

  • you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The total price payable (‘the Purchase Price’) will be stipulated at the time when you place your order, whether or not the order has been acknowledged. We are entitled to make adjustments to the Purchase Price to take account of any increase in our suppliers' prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been acknowledged. We will inform you of the correct price and give you the opportunity to cancel the order. All prices are inclusive of GST but exclusive of delivery charges which will be payable as indicated at the time the order is placed.

Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If a product becomes unavailable, we may offer you an alternative or suggest that you visit one of our stores.

On occasion, the prices payable and promotions offered in respect of goods advertised on the Site may differ from those prices and promotions offered at the same time in-store. We are under no obligation to honour any in-store price or promotion in the event that they differ from those on the Site. Similarly, our stores are under no obligation to honour any website price or promotion in the event that they differ from those in-store.

Although we endeavour to ensure that all pricing information on the Site is accurate, occasionally an error may occur, and goods may be mispriced. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.

Prices that are reduced for sales and promotions are only valid for the specified period

Orders

All orders to purchase products from our Site will be subject to these Terms.

To place an order over the telephone or on our Site, you must be at least 18 years of age and accept delivery within Australia. All telephone orders will be acknowledged verbally at the time of order, and all orders placed on our Site will be acknowledged electronically by e-mail. Please note that verbal and/or electronic acknowledgements do not constitute order confirmation or order acceptance. Your order will be accepted and the creation of a legally binding contract between you and us will take place once the goods have been dispatched or collected.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse all or part of any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Payment

Payment of the Purchase Price is required at the time of purchase and placement of your order. We accept payment via Credit Card (Visa, Mastercard, American Express) and PayPal.

When deciding whether or not to accept your order we may use certain information about you, including any received from credit reference agency checks. This helps to protect you and us against fraudulent transactions. We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method or suggest that you visit one of our stores.

Security (PayPal)

We use the industry leading internet payment company PayPal to protect your card details and protect from fraud. PayPal keep your information safe. We will never actually see your bank or credit card details; they are passed in a highly secure way directly to PayPal for processing. Industry-leading fraud prevention is just one of the reasons PayPal is a safe way to pay online. PayPal uses proprietary technology and constantly innovates to monitor transactions and maintain a secure payment system. To help you keep track of your account activity, PayPal sends an email confirmation of every account transaction. For more information visit www.paypal.com.

Delivery & Tracking

Mike Pawley Sports delivers Australia wide. We offer FREE IN-STORE PICKUP from any of our 5 retail outlets. Click here for store locations. For your convenience, we also offer both standard and express delivery within Australia.

Please be aware that customers may experience delays due to present Covid 19 circumstances. If you wish to cancel your order after it has been dispatched, you will be charged for both delivery and collection cost.

For more information about how to track your order, please visit our Delivery & Tracking information contained within this Site.

Returns, Refunds & Exchanges

Mike Pawley Sports may, at their sole discretion, provide a refund or exchange on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and postage costs associated with any refund pursuant to this clause.

Please review our Returns & Refund Policy contained within this Site which outlines the circumstances under which a refund or exchange will be available to you.

Third-Party Content

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product postage charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Privacy

Mike Pawley Sports takes your privacy seriously and any personal information provided by you through your use of our Site is subject to our Privacy Policy, which is available on the Site. Please refer separately.

Copyright and Intellectual Property

All content on this Site and all of the related products of Mike Pawley Sports are subject to copyright. The material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Mike Pawley Sports or its contributors.

Mike Pawley Sports retains all rights, title, and interest in and to the Site and all related content. Nothing you do on or in relation to the Site will transfer to you:

  • the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Mike Pawley Sports; or

  • the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or

  • a system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Mike Pawley Sports and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Site, which are freely available for re-use or are in the public domain.

Limitation of Liability

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You expressly understand and agree that Mike Pawley Sports, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Mike Pawley Sports’ total liability arising out of or in connection with these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Mike Pawley Sports is the resupply of information or Purchase Services to you.

Mike Pawley Sports is not responsible or liable in any manner for any site content (including third party content) posted on the Site or in connection with the Service, whether posted or caused by users of the website of Mike Pawley Sports, by third parties or by any of the Services offered by Mike Pawley Sports. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Mike Pawley Sports make any express or implied representation or warranty about its content or any products referred to on the Site.

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

The Services offered by Mike Pawley Sports is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Site, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Modifications to The Service

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Changes to the Terms & Conditions

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and/or changes to our Site. Any changes to the Terms take immediate effect from the date of their publication. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

Contact Information

If you have any concerns or questions regarding about the Terms or content on the Site, please contact our Customer Support Team.

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