These Order and Delivery Terms (Terms) constitute a legally binding agreement made by and between School of Netball Pty Ltd ACN 600 615 058 (Erin Bell Netball, we, our or us) and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, you).
1. Ability to order
To purchase Products, you must be at least 18 years of age and reside (and nominate a delivery address) in Australia.
All prices quoted are in Australian Dollars (AUD) and inclusive of GST. Additional charges may apply for delivery as notified to you as part of the order process.
An Order submitted by you constitutes an offer by you to us to purchase the Products on these conditions and is subject to our subsequent acceptance. Acceptance occurs when we issue an email acknowledgement of your Order and accept your credit card or other payment.
We may vary our prices from time to time. Prices listed on the Website are subject to confirmation at the time of acceptance.
When you place your Order you agree that the order content (including Product type, quantity, price, postage and delivery costs and timing) is correct. You cannot withdraw, vary or cancel placed Orders.
Payment is accepted by credit card only using VISA or Mastercard. If your payment is declined or is not received within two business days your Order will be cancelled.
5. Order acceptance
Erin Bell Netball reserves the right to refuse part or all of any Order placed by you.
If the Product quantities you order are not available for dispatch at the time of your Order, delivery may be delayed while further Product is sourced. You will be notified of this within seven business days. In the unlikely event that we are unable to source further Product, we will contact you and you may choose to select a substitute Product (noting that if the substitute Product is of lesser value we will refund the difference, or if the substitute Product is of greater value you must pay us the difference) or obtain a full refund.
You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information. In these circumstances we reserve the right to cancel your Order and refund any amounts that you have paid.
6. Delivery, title and risk
When you place an order for Products, we will send the Products to the address designated by you. Risk of loss passes to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Title passes to you when full payment is made for the Products which are the subject of your Order.
A delivery fee of AUD$10 is charged for each Order. Orders cannot be combined.
Delivery will ordinarily be within 5 – 10 business days from the date of the Order. Delivery times may vary according to availability of the Products, or delays by the carrier. We are not responsible for delayed delivery due to postal or carrier delays or a force majeure event.
7. Refunds, returns and exchanges
If you select the wrong size we will be happy to provide an exchange for a different size, subject to payment of a further delivery fee of AUD$10 in the manner directed by us (and subject to you returning the original garment to us at your cost, in unused, clean and original condition).
We will also provide an exchange if your ordered Product is damaged or faulty at the time of delivery, or as otherwise required by law. If the Product is no longer available we will provide a refund or you may choose to select a substitute Product (noting that if the substitute Product is of lesser value we will refund the difference, or if the substitute Product is of greater value you must pay us the difference).
We do not offer refunds or exchange on any items for change of mind.
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Except as required by the Australian Consumer Law, your rights of return or replacement of any Products which are found to be defective will (except where agreed otherwise) be negated or rendered void where:
(a) the Products have been altered by persons other than the manufacturer or us; and/or
(b) defective Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or
(c) the defects are due (wholly or partially) to mistreatment, improper use, storage, maintenance or installation, or failure to observe any manufacturers’ instructions or other directions on the label or otherwise issued or made available by us in connection with the delivered Products.
8. Erin Bell liability and indemnity
To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services from your use of the Website.
If a supply under these terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits us to limit our liability, our liability will be limited to:
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
If any part of these Terms is held to be unenforceable, the remainder of these Terms will continue in full force.
These Terms are governed by the laws in force in South Australia, Australia. You agree to the jurisdiction of the courts of South Australia and the Commonwealth of Australia.
If you have any questions or comments regarding the Website, these Terms or our Products please contact us at email@example.com.