Online Store Terms and Conditions
This agreement is a contract between the customer (you) and Classic Sportswear Pty Ltd (ABN 41 003 627 923) (Classic Sportswear Online Store). These terms and conditions apply to the ordering, purchase, fulfilment and delivery of goods from http://classicsports.com.au/Online Store
Please read the following Online Store Terms and Conditions carefully before placing your Order with Classic Sportswear Online Store.

1. Definitions



The following apply to these Online Store Terms and Conditions.
Business Days means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia
Customer Service means Online Store customer service department that can be contacted on onlinestore@classicsports.com.au. For returns only please refer to designated web form on the Online Store.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Online Store, excluding Post Office Boxes.
Delivery Agent means any nominated third party delivery or shipping company for Classic Sportswear Online Store.
Delivery Fee means the fees charged by the Delivery Agent of Classic Sportswear Online Store for the delivery of Goods in accordance with clause 7, as amended from time to time.
Goods means the items offered for sale, described or displayed on the Online Store.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.Online Store Terms and Conditions means these terms and conditions, as amended from time to time.
Online Store means http://www.classicsports.com.au/index.php/shop-home-page
Online Store Terms and Conditions means these terms and conditions, as amended from time to time
Order means a request by you to purchase Goods from Classic Sportswear Online Store in accordance with these Online Store Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Online Store (for the avoidance of doubt, including GST).
Privacy Policy means the Classic Sportsawear Pty Ltd Privacy Policy found on the website http://classicsports.com.au/
Return Policy means Return Policy found on the Online Store website http://www.classicsports.com.au/index.php/shop-customer-service/shop-return-policy
We or Us or Our means Classic Sportswear Pty Ltd (ABN 41 003 627 923)
You or Your means you as the purchaser of Goods from Classic Sportswear Online Store pursuant to these Online Store Terms and Conditions

2. Compliance with Online Store Terms and Conditions



2.1. You agree to be bound by these Online Store Terms and Conditions when you submit an Order.
2.2. Each Order you place will be a separate and binding agreement between you and Classic Sportswear Online Store with respect to the supply of Goods, in accordance with these Online Store Terms and Conditions

3. Placing Orders for Goods



3.1. You may place an Order through the Online Store by submitting the electronic Order form on the Online Store.
3.2. An Order submitted by you through the Online Store in the manner described on the Online Store represents an agreement by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order in accordance with these Online Store Terms and Conditions.
3.3. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Classic Sportswear Online Store will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
You also agree to obtain consent to provide Classic Sportswear Online Store any personal details for nominated recipients of gifts.
3.4. You may Order from Online Store if you are aged 16 years or over, have an active email account and a telephone number at which you can be contacted.
3.5. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made. However, we will allow you to return Goods in accordance with Clause 9.
3.6. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7.
3.7. You will be provided with an automatic Order number upon submission of your Order to the Online Store. The Order number is required when contacting our Customer Service in regards to your Order.

4. Acceptance and rejection of Orders



4.1. Classic Sportswear Online Store reserves the right to accept or reject your Order for any reason at any time.
4.2. When we accept an Order, it represents an agreement by Classic Sportswear Online Store to supply you the Goods in accordance with the Order and these Online Store Terms and Conditions.
4.3. In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Classic Sportswear Online Store will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4. Where we reject an Order, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Classic Sportswear Online Store is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5. If we are unable to contact you in relation to your Order under these Online Store Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and we will notify you of that rejection via phone or email within five (5) Business Days after the placement of the Order. Classsic Sportsawear Online Store will not be liable to you for your loss or that of any third party for the rejection of an Order.

5. Availability of Goods



5.1. You acknowledge and agree that from time to time, some Goods on the Online Store may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Classic Sportswear Online Store will use reasonable endeavours to either source the Goods, or contact you within five (5) Business Days to either arrange a full or partial refund, or change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you, or come to an alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the Price paid for the Goods. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Classic Sportswear Online Store is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Goods displayed on the Online Store from sale either temporarily or permanently at any time without notice to you.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Classic Sportswear Online Store will proceed to fulfil the remainder of your Order in accordance with these Online Store Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with clause 9.
5.4. You acknowledge and agree that:
5.4.1. all pictures and images of Goods displayed on the Online Store are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
5.4.2. you have read any corresponding written description of the Goods prior to submitting your Order;
5.4.3. the colour of Goods as shown on the Online Store may vary slightly in shade in real life;
5.4.4. where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and
5.4.5. any accessory featured with the Goods is for illustration purposes only, and may be sold separately.

6. Price and payment



6.1. The Price in respect of a Good is specified on the Online Store.
6.2. Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Online Store Terms and Conditions also include GST where applicable.
6.3. Classic Sportswear Online Store reserves the right to change or alter Prices of Goods on the Online Store without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
6.4. In respect of any Order, we will charge you and you agree to pay:
6.4.1. the Price (which is the Price at the time the Order is submitted); and
6.4.2. subject to clause 7, the Delivery Fee.
6.5. All payments through the Classic Sportswear Online Store are processed through PayPal. You are not required to have a PayPal account set up and can use a selection of credit and debit cards to make your purchase. When paying by credit or debit card, you authorize Classic Sportswear Online Store to debit your nominated card at the time you submit your order. The name on the credit card used for the payment must match the name on the Order.
6.6. You acknowledge and agree that any payment in respect of an Order must be cleared by Classic Sportswear Online Store before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will not be submitted.
6.7. In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8. You will receive a tax Invoice by email once payment in respect of your Order has been processed.

7. Delivery



7.1. Classic Sportswear Online Store uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
Delivery Areas
7.2. Delivery is only available within Australia.
Delivery Fees
7.3. Unless stated otherwise on the Online Store (for example, where a “Free Shipping” offer applies), or in these Online Store Terms and Conditions, the following Delivery Fees apply to all Orders:
7.3.1. Standard Delivery Fee: $9.95 per Order (for avoidance of doubt, including GST)
Delivery Time Frames

7.4. Classic Sportswear Online Store aims to achieve the delivery time frames set out below.
7.4.1. Australia wide (including capital cities and suburbs, and most regional areas: 3-7 Business Days; and
7.4.2. Regional Western Australia, Queensland and Northern Territory: 7-10 Business Days;
7.5. From time to time, Classic Sportswear Online Store may not be able to achieve the delivery time frames in clause 7.4. You acknowledge and agree that notwithstanding anything else in this clause:
7.5.1. Classic Sportswear Online Store cannot guarantee that delivery will occur in the delivery time frames specified in clause 7.4
7.5.2. delivery time frames may change from time to time due to unforeseen circumstances; and
7.5.3. Classic Sportswear Online Store is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
General terms for delivery

7.6. Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
7.7. If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own.
7.8. On delivery, the Delivery Agent may require you or your nominated representative to provide them with proof of identity, such as photo identification or proof of age. Classic Sportswear Online Store may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age. Where delivery cannot take place due to insufficient identification, a calling card will be left for you to collect the Goods from a Delivery Agent’s Nominated Location. It is your responsibility to follow the instructions stated on the calling card.
7.9. You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fees for redelivery.
7.10. If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a Delivery Agent’s Nominated Location. It is your responsibility to follow the instructions stated on the calling card.
7.11. Where you do not collect your Goods (excluding Big and Bulky Goods) from the Delivery Agent’s Nominated Location within 10 days of a failed delivery, you must contact our Customer Service for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.12. You agree to give us as much detail as possible about particular features of the Delivery Address to ensure delivery can take place at the time of placing your Order. This includes, without limitation:
7.12.1. Restricted access or parking for truck;
7.12.2. Restricted or limited access to the premises;
Where redelivery is required because access issues or limitations for making delivery, you may be required to pay any associated fees for redelivery.
7.13. Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods and/or if Goods are missing from your Order and/or if the goods are not as ordered you must contact our Customer Service within five (5) days from delivery. You can return Goods in accordance with the clause 9 of these Online Store Terms and Conditions. Any Goods replaced under clause 9 due to being faulty, damaged, or incorrect will be delivered to you free of charge.
7.14. Insurance and express delivery may be available in respect of your Order.

8. Risk and title



8.1. Risk and title in the Goods passes to you on the date and time of dispatch of the Goods to the nominated Delivery Address.

9. Order cancellations and returns



9.1. Once order is submitted no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Online Store Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with Online Store Return Policy.
9.2. Goods can only be returned under these Online Store Terms and Conditions (in particular this clause 9) and in accordance with the On-line Store Return Policy. The Online Store Return Policy forms part of these Online Store Terms and Conditions
9.3. Return request must be submitted to our Customer service with attached completed Return Form and proof of purchase from the Online Store as well as additional comments regarding your order before you return any products to us within five (5) days from receipt of delivery. We will use reasonable endeavour to response to your Return Request within two (2) days from request submission. If the return is accepted, Return authorisation number (RAN) and return address will be advised.
9.4. Returns will only be accepted for products not of merchandisable quality (faulty or damaged items) or for goods not delivered as ordered. Any Goods returned must be in their original condition – unworn, unwashed and with the original tags attached. If the Goods are available in stock Classic Sportswear Online Store will replace them with the same Goods originally ordered. For Goods that can not be replaced full refund will be provided.
9.5. Replacement Goods will only be shipped after the faulty Goods or wrongly delivered Goods have been received by Classic Sportswear Online Store.
9.6. Where we agree on refund further to these Online Store Terms and Conditions we will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Classic Sportswear is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.7. It is a condition of Visa, MasterCard and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Classic Sportswear Online Store is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.

10. Privacy



10.1. Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order in accordance with our Privacy Policy.

11. Warranties you make to Classic Sportswear Online Store



11.1. You represent and warrant to Classic Sportswear Online Store that:
11.1.1. all information (including Personal Information) and data provided by you to us through the Online Store is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Classic Sportswear Online Store;
11.1.2. any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
11.1.3. you are over the age of 16; and
11.1.4. in placing your Order, you have read and agree to these Online Store Terms and Conditions; and
11.1.5. complied with all Laws.

12. Classic Sportswear Online Store’s liability to you



12.1. Subject to any rights you have under any consumer protection law and to the fullest extent permitted by Law, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Online Store Terms and Conditions.
12.2. Subject to any rights you have under any consumer protection law, Classic Sportswear Online Store excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Online Store Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
12.3. Our liability to you for loss or damage of any kind arising out of these Online Store Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
12.4. Our total liability for breach of these Online Store Terms and Conditions at law or in equity (however arising) is limited at our option to:
12.4.1. the replacement of the Goods or the supply of equivalent goods;
12.4.2. the refund of the Price paid for the Goods
12.5. Other than expressly stated in relation to particular Goods, Classic Sportswear Online Store does not make any express warranties with respect to Goods sold on the Online Store, and is not liable to you or any third party with respect to any loss, damage, cost, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.

13. Termination



13.1. Classic Sportswear Online Store reserves the right to, at its absolute discretion, terminate these Online Store Terms and Conditions and your access to and use of the Online Store:
13.1.1. for convenience, at any time, upon provision of notice to you;
13.1.2. immediately:
13.1.2.1. if Classic Sportswear Online Store reasonably believes that you have breached these Online Store Terms and Conditions, and that breach is not capable of remedy; or
13.1.2.2. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

14. General



14.1. Classic Sportswear Online Store reserves the right at all times to make changes to these Online Store Terms and Conditions. Any variations to these Online Store Terms and Conditions will take effect from posting on the Online Store. The Online Store Terms and Conditions which apply at the time of Order are those that govern your relationship with Classic Sportswear Online Store with respect to that Order.
14.2. Classic Sportswear Online Store may give notice to you by electronic mail. You may give notice to Classic Sportswear Online Store by electronic mail to our Customer Service
14.3. Each clause in these Online Store Terms and Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
14.4. No failure, delay, relation or indulgence on Classic Sportswear Online Store part in exercising any power, right or remedy under this Online Store Terms and Conditions precludes any other or further exercise of that or any other power, right or remedy.
14.5. These Online Store Terms and Conditions shall be governed by the laws of the State of New South Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales.

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