Making A Purchase
If you wish to buy goods via this website, you must agree to the terms and conditions below as the exclusive basis which governs such transactions and must click the i accept button at the end of these terms. If you don't agree to any of the terms, please don't use this website.
- 1.1 In these Terms of Business the following expressions shall have the following meanings save where the context otherwise requires:
• 1.1.1 "Contract" means an agreement entered into between You and Acrux Sports for the purchase of the Goods.
• 1.1.2 "Acrux Sports " means Acrux Sports Pty Ltd trading at 10-18 Albert Street, Windsor Avenue, SA 5087 Australia
- 1.1.3 "Details" the details which You must provide upon ordering Goods via the Website including physical address, email address, age, bank account and credit, debit or charge card details.
• 1.1.4 "DSR" means the Distance Selling Regulations (2000) as updated from time to time.
• 1.1.5 "Fulfilment Problem" means that Acrux Sports is unable to fulfil Your Order due to any of the following reasons:
o 184.108.40.206 unavailability of items;
o 220.127.116.11 inability to process payment made by You via credit card, debit card or otherwise;
o 18.104.22.168 an error in the pricing information on the Website;
o 22.214.171.124 You have not reached the Minimum Age or are deemed by Acrux Sports not to be a suitable customer.
• 1.1.6 "Goods" means any item supplied by Acrux Sports pursuant to these Terms.
• 1.1.7 "Minimum Age" means 18 years of age.
• 1.1.8 "Order" means an order for Goods placed by You via the Website.
• 1.1.9 "Price" means the price shown on the Website for the provision of the Goods including any sum paid by You for postage of the Goods to You.
• 1.1.10 "Sale" a sale effected via the Website.
• 1.1.11 "Terms" means these terms and conditions which form the exclusive legal basis of the relationship between Acrux Sports and You.
• 1.1.12 "Website" means Acrux Sports 's website located at www.acruxsports.com.
• 1.1.13 "Working Days" means Monday to Friday 9am to 5pm excluding bank, public and statutory holidays.
• 1.1.14 "Written Information" means information prescribed by DSR which must be provided to You in relation to Your Order.
• 1.1.15 "You" means the person who enters Details.
• 1.2 The clause headings and any other headings are inserted for convenience only and shall not affect the construction of these Terms.
2. Use of website and personal data
• 2.1 In seeking to purchase Goods via this Website You must provide accurate Details.
• 2.2 You hereby warrant to Acrux Sports that You have reached at least the Minimum Age and legally able to enter into a contract to purchase the Goods.
• 2.3 Acrux Sports reserves the right to withdraw any Goods from the Website without prior notice and to refuse any Order made by You.
• 2.4 Your Details and data relating to Your use of the Website may be recorded by Acrux Sports but this information shall not be disclosed to third parties nor used for any purpose unrelated to the Website. For the avoidance of doubt, Acrux Sports shall provide Your name, address, telephone number and, where appropriate, email address to Royal Mail or other courier companies for the purpose of despatching any goods that You order.
• 2.5 Acrux Sports may send a small file to Your computer when You visit the Website. This "cookie" will enable Acrux Sports to track Your behaviour on the Website and to identify particular areas of interest so as to enhance Your future visits to the Website and to send you newsletters. You can set Your computer browser to reject cookies but this may preclude use of certain parts of this Website. Acrux Sports will not use Your data for any other purposes than as set out in these Terms except that Acrux Sports may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority. By clicking "I Accept" below, you specifically agree to these terms regarding use of Your data.
• 3.1 It is Your responsibility to ensure that all Orders You place are correct. When You place an Order, this constitutes an offer to purchase those Goods which Acrux Sports may or may not accept.
• 3.2 When You place an Order, You will receive an automatically generated acknowledgement by email but this does not constitute acceptance of Your Order.
• 3.3 Acrux Sports reserves the right to reject Your Order if there is a Fulfilment Problem. Acrux Sports will inform you by email as soon as is reasonably possible if there is a problem with acceptance or fulfilment of Your Order. Despatch of the Goods will constitute acceptance of Your Order.
• 3.4 Acrux Sports reserves the right to
- 3.4.1 correct typographical errors in any elements of the information that appears on the Website including pricing mistakes;
- 3.4.2 substitute the Goods ordered with equivalent goods if the Goods ordered are unavailable;
• 3.5 If, once You are informed of such error or substitution, You wish to withdraw Your offer and do not wish to proceed with the purchase, You shall be free to do so and any moneys already paid by You will be refunded in full.
• 3.6 Any representations of the Goods shown on the Website are provided for the purposes of guidance only.
• 3.7 Any representations made by Acrux Sports as regards the date of delivery of Goods are given in good faith but are not binding.
• 3.8 You are responsible for the payment of any local taxes due upon delivery and/or import of Goods to You by Acrux Sports and You indemnify and will keep indemnified Acrux Sports against any claim for such payments and/or taxes.
• 3.9 Contracts shall be based on these Terms to the exclusion of any other terms and conditions.
• 3.10 Delivery charges have been added on the shipping page. These apply for AUSTRALIA mainland only. Next day delivery in the AUSTRALIA is available subject to Acrux Sports 's confirmation by e-mail. For overseas shipment the charges will be as per current prevailing tariff by courier companies and will be charged accordingly. Acrux Sports will advise you of the charges before proceeding.
• 3.11 In the event that You order Goods from Acrux Sports and Acrux Sports sends the Goods to the address You have provided but, on delivery, the Goods are refused at the given address or You require Acrux Sports to re-deliver to a different address, You will be charged an additional fee to cover Acrux Sports 's associated costs.
• 3.12 If the Goods You order are not in stock, Acrux Sports will, where possible, order these items for You and will endeavour to make part delivery of any part of Your order already in stock. You will always be emailed with the option to cancel Your Order if You would rather not wait.
• 4.1 You agree to pay the Price at the time You place Your Order. Payment can be made by major credit and debit cards i.e. Visa, master card, amex, afterpay.
• 4.2 Once You have confirmed Your Order on the Website, it cannot be cancelled or changed except in accordance with Clause 6 of these Terms.
• 4.3 In the event that Your debit or credit card payment is refused by Your card issuer for whatever reason, Acrux Sports may reject Your Order or invoice You for the Goods ordered and You agree to pay that invoice within 7 Working Days of the invoice date. If Acrux Sports does not receive payment in full within 7 Working Days of the date of such invoice, it may reject Your Order without further obligation to You.
• 4.4 Acrux Sports will enclose with Goods it delivers to You a copy of its invoice showing the Goods ordered and Price paid and, if not previously sent to You, Your statutory rights of cancellation.
• 4.5 Non-delivery by any third party (including but not limited to the AusPost or any courier company) shall not give You any right to delay payment to Acrux Sports or to make any claim whatsoever against Acrux Sports .
• 4.6 Unless otherwise stated, the Price stated on the Website is inclusive of any applicable GST.
• 5.1 Risk in the Goods shall pass to You upon payment of the Price or, if earlier, upon delivery of the same to You. Title to the Goods shall pass to You only upon payment in full of the Price and You shall hold the Goods as bailee for Acrux Sports until Acrux Sports has received payment in full of the Prices.
• 5.2 Without prejudice to Clauses 6.1-6.3, if any of the Goods are destroyed, damaged or lost in transit to You (other than by reason of the fault or negligence of Acrux Sports ), Acrux Sports may replace those Goods but shall be entitled to charge you for their replacement.
• 6.1 Subject to Clause 6.4, You have the right to cancel a purchase of Goods made through the Website after you have placed the Order in accordance with the provisions below:
- Risk and title
- Cancellation of orders and returns
o 6.1.1 where Acrux Sports provides You with the Written Information at or before the time of delivery of the Goods, You have 7 Working Days after delivery to cancel the purchase;
o 6.1.2 where Acrux Sports does not provide You with the Written Information at or before the time of delivery, You have 7 Working Days from the day after the day on which You received the required Written Information;
o 6.1.3 where Acrux Sports does not provide You with the Written Information as set out above, You have three months and seven days from the day after the day You receive the Goods.
• 6.2 If You decide to cancel a purchase, You must notify Acrux Sports Ltd by writing to email@example.com . If You have received the Goods, You must return them in their original packaging to Acrux Sports enclosing the original invoice. Acrux Sports suggests that You send them by recorded delivery but it is Your responsibility to choose the most appropriate means of return of the Goods and You are responsible for any loss or damage to the Goods which occurs in this context.
• 6.3 Upon cancellation of an Order, Acrux Sports will refund the whole sum paid by You within 10 Working Days of You notifying Acrux Sports of cancellation. You are responsible for the cost of returning the Goods to Acrux Sports upon cancellation of an Order. If You do not return the Goods cancelled to Acrux Sports , it will arrange to collect them and will deduct the cost of such collection from the refund due to You. If You return the Goods to Acrux Sports but Acrux Sports has to pay any element of the postage, Acrux Sports will be entitled to recover the cost of such postage from You.
• 6.4 There is no right of cancellation where the Goods have been tailored to Your special requirements or where You have in any way damaged the Goods after delivery.
• 6.5 Without prejudice to Clauses 6.1-6.3 above, if any of the Goods You receive are defective or do not in any material respect match the Order placed, You may return them to Acrux Sports within 14 days in original condition and packaging enclosing the invoice and stating the nature of the defect or mistake and if Acrux Sports is satisfied that the Goods are defective or do not match the Order You placed, Acrux Sports will at its discretion either replace such Goods or refund of the Price. Acrux Sports suggests that You send them by recorded delivery but it is Your responsibility to choose the most appropriate means of return of the Goods and You are responsible for any loss or damage to the Goods which occurs in this context. This does not apply to Goods damaged in transit for which please refer to Clause 5.2.
• 6.6 Without prejudice to Clauses 6.1-6.3 above, Acrux Sports 's sole liability to You for Goods which are defective or which do not match Your Order shall be limited to replacement of those Goods or refund of the Price.
• 8.1 These Terms together with the Order shall form the entire Contract between the parties and supersede any previous agreement and (save so far as expressly preserved hereby) representations oral or otherwise made by either of the parties. You warrant that You have not relied on any representation made by Acrux Sports in entering into the Contract.
• 8.2 Any terms relating to time of delivery or otherwise that You purport to include in Your Order shall not be legally binding on Acrux Sports .
• 8.3 Failure by either party at any time to enforce any right claim or provision of these Terms or arising hereunder shall not be construed as a waiver of such right, claim or provision.
• 8.4 All notices to Acrux Sports shall be given by You in writing to the address shown above. All notices to You shall be given in writing to Your email address or to the address You have given for delivery of Goods. All notices may be served by personal delivery or first class post. Any notice given by post shall be deemed to be received by the party to whom it was given 48 hours after posting (excluding Saturday, Sundays and AUSTRALIA bank and public holidays). Notices given by email shall be deemed to have been given 1 hour after transmission thereof.
• 8.5 These Terms and Your Contract with Acrux Sports shall be governed and construed in accordance with Australian Law. You irrevocably agree for the exclusive benefit of Acrux Sports to submit any dispute hereunder to the jurisdiction of the courts of Australia but nothing herein shall prevent Acrux Sports from taking proceedings against You in any other court of competent jurisdiction.