Terms and Conditions
Content
The Netball Australia (“NA”) website (“Website”) shall display various information including, but not limited to, articles, images and data (“Material”) from time to time. Changes are made periodically to the Material and Material could include technical inaccuracies or typographical errors. NA makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of any Material. NA does not warrant or represent that the Material will not cause damage, or is free from any computer virus of any other defects or errors. NA is not liable to users of the Material for any loss or damage however caused resulting from the use of the Material.
Links
Material may contain links to other sites. NA does not necessarily sponsor, endorse or approve of any material on such sites or the operators of such sites. NA makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Material is linked.
Copyright
Unless otherwise expressly indicated in specific Material, copyright subsisting in Material is owned or licensed by NA. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), no part of any Material may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of NA or other copyright owner.
Terms and Conditions of the Netball Australia Online Shop
1. Netball Australia operates the following three online netball shops at
www.netball.asn.au/store.asp. These shops (collectively known as the Netball
Shop) are:
(a) The Resources and Manuals Shop – this shop is currently managed
directly by Netball Australia (“NA”).
(b) The Commonwealth Bank Trophy (“CBT”) Shop – this shop is managed by the
Sydney Netball Shop (“SNS”) on NA’s behalf.
(c) The Australian Netball Team (“ANT”) Shop – this shop is managed by the
SNS on NA’s behalf.
For any queries on payment at any of these shops please contact Netball
Australia on (02) 9633 2533 or infonet@netball.asn.au.
For any queries on order status, freight and delivery for the Resources and
Manuals shop please contact Netball Australia on (02) 9633 2533 or
infonet@netball.asn.au.
For any queries on order status, freight and delivery for the CBT or ANT
shop please contact Sydney Netball Shop on (02) 9894 8250 or
sydneynetball@optusnet.com.au.
2 . The generation and forwarding of an order by you (the "Customer") using
the Netball Shop constitutes an offer to purchase the products from All
Australia Netball Association limited ("NA"). All orders are subject to
acceptance by NA, and are otherwise subject to its general terms and
conditions of sale.
3. The display of products and prices on the Netball Shop does not
constitute an offer by NA to unconditionally supply the products at
displayed prices. All products and prices shown are indicative only, and are
subject to product availability and price changes.
4. To the fullest extent permitted by law, NA excludes all responsibility
or liability for or arising out of any inaccurate or erroneous product
descriptions which appear on the Netball Shop.
5 . NA accepts no liability for the Customer's security breaches,
unauthorised use of the Customer's credit card or credit account, fraud,
forgery or mistaken or unauthorised orders or payments.
6 . NA shall not be responsible for any errors or omissions contained in or
on the Netball Shop. The Customer relies on the information contained in the
Netball Shop at its own risk. The information in the Netball Shop is
supplied on condition that any person accessing or using the information
will make his or her own determination as to the accuracy and usefulness of
the information.
7. NA reserves the right to make any changes to the information contained
in and the layout of the Netball Shop, including changes to its product
range, ordering mechanisms and ordering terms.
8. Except in respect of implied warranties which cannot be excluded by
law, NA does not make any representation or warranty about the accuracy,
suitability for any purpose, merchantability of, title to or usefulness of
the information on and contents of the Netball Shop or the products it
supplies.
9. Except as may be prescribed or implied by law, NA shall not be liable
for any damages whatsoever (including special, indirect, consequential, or
incidental damages or damages for loss of profits, revenue, or loss of use)
arising out of or relating to the Netball Shop or the information contained
therein or the products it supplies whether such damages arise in contract,
in tort, in equity, under statute, at law or otherwise.
General Terms and Conditions of Sale
1. All goods and services ("Products") supplied by All Australia Netball
Association Limited ("NA") are supplied on these terms and conditions, the
supply of which is also subject to additional terms and conditions of sale.
2. No order shall be binding on NA until accepted by NA. An individual
contract for the supply of Products, on these terms and conditions, is
formed on acceptance by NA of an order from the Customer. NA reserves the
right to accept any order in whole or in part. Where NA makes a part
delivery of any order, such delivery shall constitute a separate contract.
No order may be cancelled or varied after acceptance by NA.
3. All orders must be paid for via valid credit card at the time of order
placement.
4. Ownership of the Products does not pass to the Customer until the
Customer has discharged all outstanding indebtedness, whether in respect of
the Products or otherwise, to NA. Risk in the Products will pass on delivery
to the Customer.
5. NA reserves the right to charge for delivery of the Products at any
time, notwithstanding that it may not have previously done so.
Administrative fees may also be imposed for orders under certain dollar
values.
6 . Any Products which are damaged or defective, delivered after their "use
by" or "best before" date, or which are not otherwise in accordance with the
Customer's order, may be returned to NA within 14 days of invoice date, at
no cost to the Customer. Products may not otherwise be returned.
7. If the incorrect size is purchased the Goods may be exchanged within 14
days of invoice date, provided they are returned unworn, unwashed and
otherwise in a saleable condition. Standard postage & handling rates will be
deducted from your credit card for re-delivery within Australia or New
Zealand. For overseas exchanges, re-delivery costs will be at the original
freight charge. The Netball Australia Online Store will not be responsible
for retuned goods that are lost in transit.
To return an item from the CBT or ANT shop, please send an email to sydneynetball@optusnet.com.au to request a return number. Please include the order number and the item name. Please let us know why you would like to return the item and what you would like us to do (e.g. replace the item, refund the item ). We will try and process returns within 14 days by supplying you with a return number that must be clearly marked on any returned items. 8. Except for those required or implied by legislation, NA gives no
express warranty in relation to products and services supplied to the
Customer, and the Customer acknowledges that it has not relied on any
representation or warranty made by or on behalf of NA. Certain legislation
may imply conditions and warranties into these terms and conditions. To the
extent that such conditions and warranties may lawfully be excluded, all
such conditions and warranties are expressly excluded. The liability of NA
under or arising out of the supply of goods and services for breach of any
term, condition or warranty implied in or imposed upon the supply of goods
and/or services by legislation, shall be limited, at the option or NA to:
(a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) if the breach or liability relates to services;
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Except as expressly provided above, NA shall not be under any liability to
the Customer in respect of any loss or damage (including consequential or
indirect loss or damage or loss of profits) however caused, which may be
suffered or incurred or which may arise directly or indirectly in respect of
the Products, any services supplied by NA or the failure of NA to comply
with these terms and conditions.
9. These terms and conditions will apply to the exclusion of all other
terms and conditions contained in the Customer's order. In the event of any
inconsistency, NA will be deemed, by delivering the Products to the Customer
or supplying services to the Customer, to have made an offer to the Customer
to sell the Products or supply the services pursuant to these terms and
conditions, which offer will be deemed to have been accepted if the Customer
retains the Products or accepts the services. NA reserves the right to
change these Terms and Conditions at any time.
10. NA reserves the right to recover from the Customer all goods and
services tax ("GST") payable in respect of the supply of goods and services
to the Customer.
11. These terms and conditions are governed by and will be construed in
accordance with the laws of New South Wales and the parties agree to submit
to the jurisdiction of the courts of that state.
12. The failure by NA to exercise, or any delay in exercising, any right, power or privilege
available to it under these terms and conditions will not operate as a waiver thereof or
preclude any other or further exercise thereof or the exercise of any other right or power.
Delivery and Freight Information
1. Orders will be dispatched within 7 working days following receipt of order and payment.
2. Postage and Handling
(a) Orders under $100.00 will be charged $10.00 P & H
(b) Orders between $100-$200 will be charged $13.00 P & H
(c) Orders over $200 will be charged $15.00 P & H
Products sent within Australia are sent via standard Australia Post.
Netball Australia Website Privacy Statement
Netball Australia (“NA”) respects the privacy of the individuals of whom NA collects, uses, discloses and holds personal information. NA has a Privacy Policy that is based on the National Privacy Policy Principles contained in the Privacy Act 1988 (Cth). NA uses the information it collects to administer the sport of Netball in Australia, to provide netball activities and netball-related services, to register, select and insure participants, and to assess the level of interest in Netball. Click here for a copy of the NA Privacy Policy document. In some circumstances, you may be entitled to gain access to the information NA holds about you. If you wish to do so please contact NA in writing at the address below: The Privacy Officer Netball Australia 43-45 Marion Street HARRIS PARK NSW 2150 Phone: (02) 9633 2533 Fax: (02) 9635 5381 Email: privacy@netball.asn.au.
| 
