Introduction: Terms and Conditions – January 2017

HYPERSPORTS.net.au (“this website”) is operated by the HYPERSPORTS Pty Ltd (“we”, “us”, “our”). We respect the privacy of our website users (“you”, “your”) and are committed to protecting your security and privacy.

Terms of Use:

This privacy policy must be read in conjunction with our terms and conditions.

Collection of Your Information:

We collect information about you through our websites in an effort to improve your shopping experience, as well as communicate with you about our products, services and promotions. We do not sell or rent your personal information to third parties. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of HYPERSPORTS, our users, or others.

Types of Information Collected:

We may collect personal information from you (including, without limitation, your name, email address, phone number, and postal address) when you visit our website, register with our website, place an online order, save your information with us online, contact us with a question or concern, or participate in a promotion. We receive and collect the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site; and any search engine or inbound hyperlink used to reach this website. This information is used only for statistical purposes and in regards to how we may enhance the customer experience.

  • Cookies: Our website uses “cookies,” which are small data files that are stored on your computer when you visit a website. Cookies enable you to shop on our website and may be used in a variety of ways to enhance or personalize your online browsing and shopping experience. Cookies may be used to personalise your visits to this website, eliminate the need for you to repeatedly enter the same information, enable us to improve the content, reliability and functionality of this website, evaluate the effectiveness of the advertising on this website and track website usage patterns. Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. Although you may configure your web browser to not accept cookies, you may experience a loss of functionality as a result.

How we use Your Information:

We may use your collected information in the following ways:

  • To process and fulfil your order, including sending emails to confirm your order status and shipment, along with customary business communications.
  • To verify your identity and to assist you if you have forgotten your username or password
  • To communicate with you and to send you information by email, postal mail or other means about our products, services and promotions, where you agree to receive such information.
  • To help us learn more about your shopping preferences and personalise this website in accordance with your preferences.
  • To analyze trends and statistics.
  • To improve or update this website and our products / services.
  • To protect the security or integrity of our website and our business.
  • To respond to your enquiries and communicate with you if necessary.You always have the choice not to receive marketing and promotional information. It is our policy to remove any member from our database or mailing list upon the members’ request. Please Contact Us if you wish to opt out of receiving communications from HYPERSPORTS.

Website and Credit Card Security:

We take website and credit card security extremely seriously, and always endeavour to provide a secure safe platform on which to conduct online transactions. HYPERSPORTS uses the industry standard Secure Sockets Layer (SSL) protocol, which encrypts your information as it is transmitted over the internet. This encryption scrambles details such as credit card number, billing details and delivery address so that generally, other computers are unable to decipher the information, ensuring privacy and security. To make sure you are accessing a secure server, check for the unbroken key or closed lock symbol located generally either at the bottom left or top right of your browser window. If it appears, then SSL is active. You can double check this by looking at the URL as well. If SSL is active, then the first characters of that line will read ‘https’ rather than just ‘http’. It is important for you to protect against unauthorized access to your password and to your computer. Ensure you logout when you have finished visiting HYPERSPORTS website, especially if you access our website from a shared computer.

Linking to Third-Party Websites:

When you click on links and banners on our site that take you to third party web sites, you will be subject to the third party’s privacy policies. While we support the protection of privacy on the Internet, HYPERSPORTS cannot be responsible for the actions of any third-party web sites.

Changes to our Privacy Policy:

We reserve the right to change this privacy policy from time to time by publishing the revised privacy policy on our website. We encourage you to check this policy regularly for any modifications or updates. Your continued use of our Services after any changes have been posted on our Website indicates your acceptance of those changes.

If you have any questions regarding our privacy policy or any other matter, please Contact Us.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of HYPERSPORTS. The collective work includes works that are licensed to HYPERSPORTS. Copyright 2017, HYPERSPORTS ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HYPERSPORTS or purchasing HYPERSPORTS products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HYPERSPORTS or to purchase HYPERSPORTS products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HYPERSPORTS. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of HYPERSPORTS used in the site are trademarks or registered trademarks of HYPERSPORTS.

Limitation of Liability

HYPERSPORTS shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HYPERSPORTS has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Coupon Codes

All coupon codes are issued on a fair use policy, HYPERSPORTS reserve the right to cancel any orders at their discretion at any time, customers will be notified by email or phone of the cancellation. With instances of constant abuse customers may be blacklisted and banned from further purchases.

Typographical Errors

In the event that a HYPERSPORTS product is mistakenly listed at an incorrect price, HYPERSPORTS reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HYPERSPORTS reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HYPERSPORTS shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by HYPERSPORTS without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

HYPERSPORTS may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HYPERSPORTS.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HYPERSPORTS or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

HYPERSPORTS does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HYPERSPORTS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HYPERSPORTS reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HYPERSPORTS in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless HYPERSPORTS, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Western Australia, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HYPERSPORTS products) shall be in the state or federal courts located in Western Australia, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HYPERSPORTS products) must be commenced within one (1) year after the claim or cause of action arises. HYPERSPORTS failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HYPERSPORTS may assign its rights and duties under this Agreement to any party at any time without notice to you.

HYPERSPORTS Payment Terms

Payment types accepted are Visa, MasterCard, AMEX and PayPal, transactions will be billed in the AUD (Australian Dollars). You will need to submit your credit card or PayPal details at the time the order is placed on the website, a confirmation email is sent to confirm the goods you are requesting and value of order. This order can also be viewed via your account profile on the HYPERSPORTS website under order history.

Once the Hypersports warehouse have confirmed the items on your order are in stock and are ready for dispatch, we will process payment for the Goods (plus any delivery charges) using your nominated credit card or PayPal account. You authorize HYPERSPORTS to debit the order value amount from your nominated credit card.

If your nominated credit card is declined by your financial institution, we will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.

We may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the Order and contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment.

Once an order/service has been completed and HYPERSPORTS have informed the customer that it is ready for collection/delivery then all final monies outstanding for that particular order become payable within 5 working days. If a customer has not made payment within that allocated time then additional charges will be applied to their account.  The daily charge will be $8.00 + GST per working day ( Public Holidays and Weekends excluded) There will also be an additional 3% added to the final invoice upon collection /delivery. No goods will be shipped or released until full payment has been received by HYPERSPORTS. If paying by a bank cheque , the funds must clear before the goods will be released.

If a debt remains unpaid and HYPERSPORTS has to enlist the services of professional  debt collection agency then any costs related to these services will be added to any outstanding and become payable by the customer.

HYPERSPORTS Order Processing and Delivery

Orders are usually processed/dispatched within 1-2 full business days, but please allow an additional 3-7 business days for deliveries within Australia. Delivery times may vary according to the location of your shipping address if not in a metropolitan area or shipping internationally. Please note that business days are 8am to 5pm AWST Monday-Friday, excluding public holidays within Australia.

HYPERSPORTS are currently using Fastway Couriers which has a full track and trace service found at http://www.fastway.com.au. A tracking number will be emailed to the customer at time of dispatch. Upon Delivery, the order must be signed for. If a signature cannot be obtained at the time of delivery, a card will be left informing the customer of how to collect the parcel. Parcels will be held at the delivery service for the maximum hold time.

Should the customer not respond to the calling card then the parcel will be returned to HYPERSPORTS unclaimed, further freight charges may apply and the original freight charges are non-refundable.

International Delivery

Be aware if shipping internationally HYPERSPORTS is not responsible for any import or custom duty charges that your country may charge. It is advised that you research your country’s import regulations prior to proceeding with your order.

Delivery Costs

Delivery costs are applied to the order prior to the order being submitted, the costs will be in the currency selected.

If the item/s are delayed you will be contacted via email to advise that the item/s have been placed on back order and the expected delivery time, you can either cancel the order or wait until the back ordered item/s are back in stock. Payment is only taken when the goods are ready to be dispatched.

Custom Orders

As some modifications may be required to customise items there may be a lead time, if not stated the general manufacture time is 2-3 weeks. HYPERSPORTS is unable to accept returns or exchange items that have undergone customisation, unless they have been found faulty after detailed examination by our Product Assessments team.  A fault would generally be a flaw in the fabric or a faulty accessory , such as a zip. Please choose your customisation details carefully, and retain a copy of your confirmation notice for future reference. If it is found that we have incorrectly customised your item/s contrary to your instructions and the confirmation notice, we will gladly replace them.

If we have customised an item and you, the customer, have not requested a sample prior to the main order production then we are not shall not be responsible for any minor print faults within the garment. The process of sublimation can not be reversed and as such the customer shall be liable for 100% of the invoiced cost.

If you are unsure if this applies to the product you are interested in, please contact our customer service department at sales@HYPERSPORTS.net.au and they will be able to inform you if it is applicable.

Prices

Prices of products and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All prices within HYPERSPORTS.net.au are strictly online prices only, and will not price match with any other stores.

Bespoke Artwork Design

Any artwork done by HYPERSPORTS remains the property of HYPERSPORTS unless the agreed rate has been paid by the customer. Artwork designs are charged at $300.00 + GST per hour . If an order is placed then no charge for artwork is passed on.  However should at a later date Artwork be requested for a third party to complete a similar design then the cost will become payable before any artwork is released.

If artwork /logo has been supplied by the customer or a third party then HYPERSPORTS can not take responsibility for any minor faults that may occur in production. It is always recommended that a sample item be requested by the customer , at the customers cost, to ensure that a bulk order production meets all the required standards.

Artwork completed by HYPERSPORTS can not be replicated without the consent of HYPERSPORTS as the design remains the property of HYPERSPORTS until a release fee for the artwork is paid. Please note that if a sample garment is produced by HYPERSPORTS for the customer and a full order is not then placed , the cost of the sample and the artwork charge then becomes applicable.

Please note any digital mock-ups that are provided by HYPERSPORTS reflect a visual mock-up and not the finished garment. Variations may occur when the garment is produced . Therefore any visual mock-up supplied should be treated for ILLUSTRATION PURPOSES only. Should the customer want clarification on any potential changes that may occur in production then they should contact sales@hypersports.net.au prior to signing off any final artwork submissions.

If a visual mock-up is uploaded onto a customer portal and the customer subsequently places an order based on the images displayed , it is deemed that they have agreed the artwork and are happy to proceed to production. No additional customer sign-off will be requested once a portal becomes active.

CUSTOMER PORTALS

If a customer portal has been requested by the customer , then HYPERSPORTS will set up and manage the portal for no annual cost or set-up fee. This is on the agreement that the portal will generate an annual spend of $5000.00 for each calendar year over a 3 (THREE) year period.

Should the spend fall below the rate mentioned above then a Annual management fee for the portal will apply. This fee will be 10% of the annual spend , $500.00 + GST.

Should a customer terminate their relationship with HYPERSPORTS this invoice will become payable with immediate effect. The balance of the 3 year minimum period will be charged.

If a customer is a third party within a organisation that has a Commercial agreement in place that results in them being unable to continue with HYPERSPORTS  then the annual service fee for the portal will still be payable without exception.

By ordering any item off the Customer Portal you have agreed to these terms and conditions.

Sizing Chart

HYPERSPORTS is dedicated to providing quality products and services to our customers. We back our product 100% so if you are not satisfied with your product that was purchased online, HYPERSPORTS is willing to provide you with a refund to the original payment method used. This is providing the product is returned to us in its original condition, (unworn, unwashed, bagged and with the tags still attached).Any item that has been personalised is not eligible for a refund. Please note that if a product is faulty or otherwise meets the requirements as outlined by the Australian Competition & Consumer Commission (ACCC) the original condition is not required. The return must be received by HYPERSPORTS within (14) fourteen days from delivery. Hypersport will then refund the amount of the item less freight costs. It is then the customers’ responsibility to repurchase the desired product. If an item is returned to HYPERSPORTS outside the 14 day time period without prior authorisation, the item will be returned to the customer. Please note that refunds will not commence until the good are received and quality assessed by HYPERSPORTS.

Incorrect or faulty goods

Our quality control teams do inspect all deliveries to ensure the products you receive meet our exact quality standards. However, if you do receive a faulty, damaged or the incorrect product, please contact us to arrange a free return delivery and a refund. The return must be received by HYPERSPORTS within (14) fourteen days from delivery.

Sale items

As a general rule sale items are non-refundable and not exchangeable. Unless the product is faulty or otherwise meets the requirements as outlined by the Australian Competition & Consumer Commission (ACCC) for us to do so. Change of mind is not a valid reason, so please use our size chart to help you choose carefully.

Stock

All items presented online are available at the time of activation. Every effort is made by HYPERSPORTS to accurately display correct quantities but due to unforeseen circumstances some items may not available at time of purchase. A HYPERSPORTS staff member will contact you directly via phone and or email to advise if there is any complication with stock availability. Please note that if an item is not in stock you will be notified as soon as possible and delivery may be delayed if a replacement item is selected.

Returns Process

Please contact our online customer service team either via email sales@HYPERSPORTS.net.au or phone +61 (0)8 9248 2257 with your order number handy which can be found in the top left hand section of the Invoice. Indicate a reason for your return and your preferred remedy of a return, exchange or refund where applicable.

If a delivery is accepted by the CUSTOMER and no concerns are raised within 14 days of delivery then the order shall be deemed completed and no returns will be accepted due to a production error. Any returns outside of this period will attract a charge by HYPERSPORTS to the CUSTOMER to rectify any issues or replacement of the garment.

Unfortunately, we cannot accept returns or exchanges that were not originally purchased online through HYPERSPORTS.net.au. Please return your goods to the place of purchase for assessment.