Terms & Conditions OLD
- Use of our Website
You must only use our website in accordance with these Terms and Conditions.
You must not post on or transmit via this Website any information or material that is offensive, threatening, breaches any laws or regulations, infringes a third party’s rights or privacy or is otherwise deemed as inappropriate by us in our sole discretion. You must not do anything that interferes with, tampers with or disrupts our Website. You must also not permit or enable any person to do any of the above things.
We may suspend or terminate your access to all or any part of our Website at any time if you breach these Terms and Conditions in our reasonable opinion.
- Accessibility and Accuracy
We do not warrant access to our Website will be uninterrupted or that our Website is free from faults or viruses and we reserve the right to suspend, withdraw or amend access to our Website at any time for any reason. We will not be liable if for any reason our Website is unavailable at any time or for any period.
While care has been taken to ensure the content on our Website is accurate, we do not warrant the accuracy, reliability, adequacy or completeness of our Website. We reserve the right to make any necessary corrections at any time and without notice.
- Intellectual Property
All content displayed on our Website including, but not limited to, images, artwork, names, logos, trade marks and the overall ‘look and feel’ of our Website is owned by or licensed to us. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or do anything to prejudice our rights or the rights of our licensors in relation to our Website content without the consent of Basketball Jersey World.
- Third Party Websites
The Website may contain links to other websites owned or operated by third parties. We take no responsibility for the content of and makes no representations as to the accuracy of any third party websites.
- Customer Accounts and Rewards
You have the option to create an account through our Website. By doing so, you may be eligible to earn reward points.
If you choose to create an account, you acknowledge and agree that all information provided by you is complete and accurate and you will keep your account information, including your username and password, secure at all times. You agree to notify us if there is actual or potential unauthorised access to your account. You must not create an account on behalf of someone else.
For more about how to earn reward points with Basketball Jersey World, please see our Rewards Page [https://www.basketballjerseyworld.com/pages/rewards].
- Online Terms of Sale
These Terms of Sale apply to the online ordering, purchase, fulfilment and delivery of products from us. Your purchase of products from us online forms a binding contract of sale between us and you.
In order to contract with us, you must be over 18 years of age and have a valid credit or debit card issued by a bank accepted by us or an account with a financial services provider accepted by us.
- Online Ordering
When you place an order through our Website, you will receive an e-mail confirming receipt of your order. This is not an order confirmation or order acceptance from us. Your order constitutes an offer to us to buy a particular product(s). Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of products ordered unless we have notified you that we do not accept your order, or it has been cancelled.
We reserve the right to accept or reject an order for any reason at any time. All orders are subject to availability of products and confirmation of the price.
Products purchased by you must be for personal use only and not for resale or commercial use unless otherwise agreed by us in writing.
- Availability of Products
We use reasonable endeavours to ensure products ordered are available for delivery. If, for any reason, a product is unavailable or cannot be delivered, we will endeavour to contact you if we are unable to fulfil all or part of your order. If we are unable to contact you, we will at our discretion either fulfill part of the order or treat the whole order as cancelled. If the order is wholly or partially cancelled and you have already paid for the product(s), you will receive a full or partial refund to the value of the order cancelled.
We may, at any time and without notice, withdraw or suspend from sale any products displayed on our Website, either temporarily or permanently. We will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of products from sale.
We are unable to ship any Nike branded products outside Australia.
Prices displayed are in Australia Dollars and inclusive of GST unless the website is accessed from an overseas jurisdiction in which case the price is the currency of the applicable country and inclusive of relevant taxes (as indicated at the checkout). Delivery charges may apply and this cost will be included during the order process (See Shipping [https://www.basketballjerseyworld.com/pages/shipping]). Your total price for an order is the price of the product(s) plus any applicable delivery charges. We reserve the right to change or alter prices without notice.
We use reasonable endeavours to ensure all pricing on our Website is accurate and current. If for any reason we discover a genuine error in the price of products which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the products, you will receive a full refund. We otherwise reserve the right to amend any pricing errors on our Website.
Any payment for an order must be made in full and cleared by us before products are dispatched. If your payment cannot be processed for any reason, your order will be cancelled and we will endeavour to notify you of this. We are under no obligation to ship any products until payment in full for those products has been cleared.
- Order Cancellations and Returns
Unless otherwise agreed by us, you may not cancel or make changes to your order once it has been placed. You should carefully check your order is accurate before you submit it. You may, however, be able to return goods in accordance with our Returns Policy [https://www.basketballjerseyworld.com/pages/exchange-policy].
You have consumer guarantees that cannot be limited by us. If your product is not of acceptable quality, does not match its description or is not fit for purpose, you may be eligible for a refund, exchange or repair.
- Dispatch and Delivery
Risk and title in the products pass to you on delivery to the address provided in your order. We use reasonable endeavours to deliver products by the estimated delivery time however we cannot guarantee a particular delivery date.
If you do not accept delivery of the products at the time they are delivered to your address, and they are unable to be left in a safe location or delivered to a post office for collection they may be returned to us. We are entitled to charge you an additional delivery fee to have the products re-delivered. The additional fee must be paid by you prior to us re-delivering the products.
We do not guarantee the availability, dispatch or delivery of products within the estimated delivery times or any other time frames otherwise specified by us. Stock availability and events outside of our control may cause delays in products being available or delivered.
Except to the extent required by law, we will not be liable for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in the availability or delivery of the products to you.
- Promotion/Discount Codes
If you have a discount or promotional code it is your responsibility to ensure this is entered in the relevant section during the order process. A promotional code or discount offer cannot be applied after you confirm your order.
- Gift Cards
Gift cards may be available for purchase on our Website. Gift cards are issued in Australian dollars and are redeemable in Australian stores and on the Australian website. They are not redeemable for cash or travellers cheques. Gift cards are valid for three (3) years from the date of issue. Gift cards are non-refundable, non-transferable and cannot be redeemed for cash. No change will be given for a purchase made with a gift card however another gift card will be issued if the total amount is not redeemed. Any unused balance will not be refunded or credited when the card expires. Gift cards cannot be replaced if lost or stolen.
- Disclaimer of Liability
To the fullest extent permitted by law (including Australian Consumer Law) Basketball Jersey World, its directors, officers, employees, consultants, agents, and affiliates disclaim all liability for any loss or damage whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our Website, any materials posted thereon or the purchase of any products by you, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise except to the extent the damage is directly caused by fraud or the wilful misconduct of Basketball Jersey World.
If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant product, the cost of resupplying the product or the cost of repairing the product.
You must indemnify Basketball Jersey World, its directors, officers, employees, consultants, agents, and affiliates, from and against all actions, demands, damage and expenses for which Basketball Jersey World may become liable arising from your use of our Website or your breach of these Terms and Conditions, other than to the extent any loss or damage was contributed or caused by us.
A single or partial exercise or waiver by us of a right relating to these Terms and Conditions does not prevent any other exercise of that right or the exercise of any other right.
If a provision of these Terms and Conditions does not comply with any applicable law, it must be read down so it does comply. If that is not possible, the provision must be severed from these Terms and Conditions.
- Entire Agreement
To the extent of any inconsistency between these Terms and Conditions and another policy referred to in these Terms and Conditions, these Terms and Conditions prevail to the extent of that inconsistency.
- Governing Law and Jurisdiction
Your use of our website, purchase of products and these Terms and Conditions are governed by the laws of the State of Victoria and you submit to the non-exclusive jurisdiction of the courts in the State of Victoria.
- Contact Us
If you have a concern, query or complaint relating to our Website or these Terms and Conditions, please contact us:
Telephone: (03) 9583 9017
Post: Shop 2089A / 1239 Nepean Highway, Cheltenham 3192 Victoria, Australia
Updated - October 2021