These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Fair Play Sports & Outdoor (ABN 18 640 888 964) (“Fair Play Sports & Outdoor”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.fairgamesport.com.au By placing an order for Goods from Fair Play Sports & Outdoor you agree to these Terms and Conditions.
1. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Fair Play Sports & Outdoor represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
2. PRICES
Prices for all products on our website are in Australian ($AUD) and include GST (10%). Fair Play Sports & Outdoor reserves the right to alter prices for any reason. Fair Play Sports & Outdoor will provide “Tax Invoices” in the prescribed form for all accepted orders.
3. ORDERS
Fair Play Sports & Outdoor reserves the right to reject any order or cancel any order (after acceptance) for any reason. If Fair Play Sports & Outdoor rejects or cancels any order, we will endeavour to advise you as soon as possible. Fair Play Sports & Outdoor accepts no liability for any orders rejected or cancelled by us. Once an order is accepted by Fair Play Sports & Outdoor, it may not be cancelled by you unless Fair Play Sports & Outdoor notifies you in writing.
4. FREIGHT
If you place an order for heavy or bulky products or if you order products with special delivery instructions, Fair Play Sports & Outdoor will contact you to provide a freight quote prior to processing your order. Fair Play Sports & Outdoor reserves the right to determine the method of delivery for any approved order, except for those orders with special delivery instructions. We will not be responsible for any consequences (direct or indirect) arising from the late or non-delivery of goods due to events beyond our control.
5. PRODUCTS
We reserve the right to modify or change product specifications. We do this in order to improve our product range and availability. This will only be done when we consider the alternate product to be equal or better in performance and suitability. From time to time products may not exactly match photographs on our website. Every product is intended for use only for the activity described. Products to be used by children should only be used under proper adult supervision. The selection and suitability of items to be used by children remains at the discretion of the purchaser. To the extent permitted by law, Fair Play Sports & Outdoor will not be liable to you for any loss (including any consequential loss), damage, injury or death resulting from the purchase of or use of any product supplied by Fair Play Sports & Outdoor. Any person using Fair Play Sports & Outdoor products does so at their own risk and must ensure that they use proper care when setting up and using the products. Any purchaser or user of Fair Play Sports & Outdoor products is responsible for ensuring that the product purchased is suitable for their circumstances – Fair Play Sports & Outdoor gives no warranty that any particular product is suitable for specific needs. To the extent permitted by law, Fair Play Sports & Outdoor liability to you for any loss or damage of any kind is reduced to the extent that you have caused or contributed to the loss or damage.
6. CUSTOM PRODUCTS
Fair Play Sports & Outdoor designs and produces custom products containing logos with the assumption that the customer has the authority or permission from the owner to provide and use any supplied logos and other intellectual property. Fair Play Sports & Outdoor reserves the right to use images of custom products in promotional and advertising material of Fair Play Sports & Outdoor including online, print catalogues and event collateral; and/or to provide to any third party, including but not limited to media organisations, Fair Play Sports & Outdoor partners, for their use as they see fit.
7. CLAIMS AND EXCHANGES
If for any reason you are not satisfied with any product, please return it to Fair Play Sports & Outdoor in original condition and original packaging within 7 days of receipt of the product. The returned products may be exchanged or a credit note will be issued. We do not offer a refund for items incorrectly ordered or no longer required. A 15% restocking fee applies unless the product is faulty or does not conform to specifications. All returns must be authorised by Fair Play Sports & Outdoor. When you contact us a Return Authorisation Number will be issued. Any goods returned without a Return Authorisation Number will not be accepted. Returns are to be made in accordance with the “Returning Goods Form” that will appear on the reverse side of the invoice. Fair Play Sports & Outdoor will not accept product returns for custom made products, unless such custom made products are faulty, or do not conform to specifications. Freight charges on returns will not be credited. Also, freight will be charged when sending any exchanged products.
8. DAMAGED/FAULTY GOODS AND SHORTAGES
If you receive a product which is faulty (or where the product is custom made and does not conform to specifications) contact Fair Play Sports & Outdoor to arrange free return delivery and an exchange, refund or credit to your account. All returns must be authorised by Fair Play Sports & Outdoor. When you contact us a Return Authorisation Number will be issued and this will be needed to progress your claim. If you receive an order with shortages, contact Fair Play Sports & Outdoor to arrange for delivery of the product shortage. You will not be charged for the freight costs of products sent out to satisfy product shortages. Fair Play Sports & Outdoor will not accept returns for products that have been damaged after delivery. You must notify Fair Play Sports & Outdoor of the fault (or in the case of custom made products, non-conformance to specifications) within a reasonable time of delivery, provide full details of the fault along with the invoice number, and look after the products until they are returned. Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
9. PAYMENTS
Payment must accompany all orders. Payments can be made by credit card (Visa, Master Card). Upfront credit card payments for goods are free of a surcharge. Alternate payment arrangements can be negotiated by calling Fair Play Sports & Outdoor. If registered, Schools, government organisations and approved customers may order on account. All accounts are 14 days net from date of invoice. The customer shall pay any costs or disbursements incurred by Fair Play Sports & Outdoor in recovering outstanding payments. Risk of all products shall pass to the purchaser on delivery. Title to the goods shall pass only when Fair Play Sports & Outdoor has received full payment of the purchase price and any other amounts owing.