FROG GRIPS PTY LTD (ACN 661 573 084) – TERMS AND CONDITIONS

Our Disclosures: Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below: ·        We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. Where we do so, we will refund you using the original payment method used for the order. ·        Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss. Nothing in these terms limit your rights under the Australian Consumer Law.

DISCLAIMER:

On our Site, our products include hand grips. These hand grip products are intended for athletic and gymnastic training and exercise purposes only, and you are solely responsible for determining the suitability of our hand grip products for your circumstances, and your reliance on our hand grip products is at your own risk. Any activity involving speed, motion or height creates the possibility of serious injury or even death. The Products should only be used for the intended use. Before using the hand grip products, know your limitations and the limitations of the hand grip products. Always inspect the hand grip products for damage and test stability before each use If you are unsure of the proper use of the hand grip products seek supervision by a trained specialist.

1        Introduction

(a)     This website (Site) is operated by FROG GRIPS PTY LTD (ACN 661 573 084) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2        Use of the Site

(a)     You accept these Terms by placing an order via the Site.

(b)     You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.

(c)     When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1)          anything that would constitute a breach of an individual’s privacy or any other legal rights;

(2)          using the Site to defame, harass, threaten, menace or offend any person;

(3)          using the Site for unlawful purposes;

(4)          interfering with any user of the Site;

(5)          tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6)          using the Site to send unsolicited electronic messages;

(7)          using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(8)          facilitating or assisting a third party to do any of the above acts.

3        Accounts

(a)     You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history and save your wish list. You may also register for an account using your Facebook or other social media network account (Social Media Account). If you sign in to your account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

(b)     You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(c)     It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4        Orders

(a)     You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b)     We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

(c)     It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

(d)     When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

(e)     All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(f)      If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.

(g)     We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

5        Price and payments

(a)     You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.  

(b)     You must pay the Price upfront using one of the methods set out on the Site.

(c)     You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d)     The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Afterpay, ZipPay and Shoppay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e)     We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(f)      Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.

(g)     We may from time to time issue promotional discount codes for certain products on the Site.

(h)     To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(i)      The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6        Delivery, title and risk

(a)     If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

(b)     We normally dispatch products within 24 hours of receiving an order, unless otherwise noted on the Site. Any products that are pre-ordered are, subject to their availability, normally dispatched within 3 weeks of receiving the order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(c)     If you need to change the delivery day or delivery address, please notify us immediately in writing to help@froggrips.com

(d)     We deliver the products using a range of delivery methods. You may need to sign for some deliveries or update your preferences with the relevant shipping agent (for example Australia Post).

(e)     Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(f)      Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

7        Warranty against defects – Grip Products

(a)     In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(b)     In addition to any other rights you may have under the Australian Consumer Law we warrant to you that the product we supply to you will be free from defects for 6 months from the date that product is delivered to you (Warranty).

(c)     What is a defect? Our Warranty applies to any fault, error or defects in the products (Defect) this includes structural damage to the grip products.

(d)     What do you need to do to claim the Warranty? Within 5 months after the delivery of the grip products, you believe you have a grip product the subject of a Defect you must cease using the grip product and contact us in writing along with a photo and description of the Defect. If we ask you to, you must return to us the defective grip products, together with all packaging, parts, accessories, documentation and proof of purchase through our exchange portal on our Site.  

(e)     Where you return a grip product as part of Defect claim you will need to cover any associated costs of you returning the grip products to us and where we find the product is covered by our Defect we will refund the associated costs of you returning the product to us.

(f)      When we receive the grip products you return, we will assess the alleged Defect and make a determination as to whether the claim is valid under our Warranty.

(g)     What will we do if you make a successful claim under our Warranty? We will, at our own cost:

(1)      repair or replace the grip product (the decision of whether to repair or replace is at our sole discretion); or

(2)      if we are unable to repair or replace the grip product, we will offer you a choice of a credit, refund or compensation as applicable to the Defect.

(h)     Damage Not covered by our Warranty The following damage is not covered by our Warranty:

(1)      normal wear and tear;

(2)      discolouration;

(3)      aesthetic blemishes; and

(4)      wear and tear from high volume usage.

8        Australian Consumer Law

(a)     We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.

(b)      Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(c)     Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(d)     Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information or request an exchange through our exchange portal on our Site.

9        Limitations

(a)     Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

(1)          neither Party will be liable for Consequential Loss;

(2)          each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and

(3)          our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.

(b)     You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.

10     Intellectual property

(a)     You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b)     We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c)     You must not, without our prior written consent:

(1)          copy, in whole or in part, any of Our Intellectual Property;

(2)          reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3)          breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(d)     Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1)          you do not assert that you are the owner of Our Intellectual Property;

(2)          unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3)          you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4)          you comply with all other terms of these Terms.

11     General

(a)     Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

(b)     Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c)     Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

(d)     Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

(e)     Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(f)      Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(g)     Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(h)     Governing law: These Terms are governed by the laws of Western Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts..

(i)      Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

12     Definitions

(a)     Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.

(b)     Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

(c)     Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

 

For any questions and notices, please contact us at:

FROG GRIPS PTY LTD (ACN 661 573 084)

Email: help@froggrips.com

Last update: 3 October 2023

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