- This website www.mysportevolution.com (the “Site”) offers information and the ability to order items advertised on the Site from My Sport Evolution Pty Ltd ABN 32 604 976 856 (“MSE”, “us” or “we”).
- Your access to and use of the Site, including your order of any items through the Site, is subject to these terms and conditions and the applicability of Australian law.
- All copyright and other intellectual property rights in all text, images, video, software and other materials on this site are owned by MSE and affiliated companies or are included with permission of the relevant owner. By entering this Site you acknowledge that any name, logo, trademark or service mark contained on this site is owned or licensed by MSE or its subsidiaries and may not be used by you without prior written approval. Any reproduction, distribution or storage of part or all of the contents on this site is only permitted with our prior written approval.
- The information contained in this site is provided in good faith on an “as is” basis. MSE does not represent or warrant to the reliability, accuracy or completeness of the information contained on this site. To the extent permitted by law, MSE is not responsible or liable for any liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this site. However, MSE will endeavour to correct any inaccuracies on the site once it becomes aware of them.
- Illustrations and photos contained in this site are sample representation of the items advertised, and variations may occur from time to time.
The Site may contain links to external websites that are not operated by us or our related bodies corporate. MSE does not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:
- we make no representations or warranties, or have any responsibility or liability for those websites;
- these links do not indicate, expressly or impliedly, that we endorse the site or the items or services that are provided at those sites; and
- you access and use the items and services made available at those sites solely at your own risk.
- MSE does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
- You are responsible for scanning any information for viruses
- You agree that MSE has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
- If MSE is found to be liable this will be limited to the cost of supplying the information again.
Compliance with these Terms and Conditions
You agree to bound by, and comply with, these terms and conditions by:
- using the Site;
- obtaining or ordering items from us using the Site.
Changes to these Terms and Conditions
- If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
- Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
Placing an order
- You may order items by selecting and submitting your order through the Site in accordance with these terms and conditions.
- Any order placed through this Site for an item is an offer by you to purchase the particular item for the price notified (including the delivery and other charges and taxes) at the time you place the order.
- We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
- You agree to provide us with current, complete and accurate details when asked to do so by the Site.
Acceptance or Rejection of an Order
- We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested item is not available, if there is an error in the price or the product description posted on the Site or in your order.
- Each order placed for items through the Site that we accept results in a separate binding agreement between you and us for the supply of those items. For each order accepted by us, we will supply the items in that order to you in accordance with these terms and conditions.
- If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Cancelling an Order (by Us)
- Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
- the requested items in that order are not available; or
- there is an error in the price or the item description posted on the Site in relation to the relevant item in that order; or
- that order has been placed in breach of these terms and conditions.
- If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
Cancelling an Order (by You)
- Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation.
- If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.
Delivery of Products
Please allow at least twenty (20) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, this period may be extended by up to 30 working days by us and we will endeavour to provide you with reasonable notice of that extension.
Prices, Fees and Charges
- The prices of items and delivery and other charges displayed on this Site are current at the time of issue, however, MSE reserves the right to change prices at any time before we accept an order from you.
- All prices shown on this Site are in Australian Dollars (AUD).
- We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
- the purchase price of each item that is ordered;
- the delivery fee for delivering the items to you; and
- any other fees and charges set out in these terms and conditions.
- All fees and charges identified in these terms and conditions and all prices for the items as shown on the Site are inclusive of GST (unless otherwise indicated).
- The purchase price of each item is shown on the Site at the time you place your order.
- Delivery Fees
- Delivery fees are payable in addition to the purchase price of each item. A number of different delivery methods may be used depending on the type of order.
- If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
- MSE currently ships orders to Australian addresses only.
- You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
- express or urgent deliveries; or
- bulk or large quantity orders.
You covenant and warrant that:
- all information and data provided by you to us through the Site is true, accurate, complete and up to date;
- the person receiving the items at the Delivery Address is authorised by you to do so;
- you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
- you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
- you will check the labels on the items before consumption or use; and
- you will not:
- use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
- use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
- make fraudulent or speculative enquiries, purchases or requests through the Site;
- use another person’s details without their permission or impersonate another person when using the Site;
- post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Site;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
- modify, adapt, translate or reverse engineer any portion of the Site;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
- reformat or frame any portion of the web pages that are part of the Site;
- use the Site to violate the security of any computer or other network or engage in illegal conduct;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- use the Site other than in accordance with these terms and conditions; or
- attempt any of the above acts or engage or permit another person to do any of the above acts.
Warranty and Liability
- MSE accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
- Where we are permitted by law (and subject to clause 14.1):
- we do not warrant or represent the suitability of the Site or an item for any purpose; and
- we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings, loss of earnings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the items.
- Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- Unless you notify MSE to the contrary by email within three (3) days of delivery of any items and such notification is confirmed in writing within seven (7) days of its receipt by MSE, the items shall be deemed to have been accepted by you.
- MSE will accept item returns and provide you with (at MSE’s discretion) a replacement for the item (subject to availability), refund or repair where:
- The Product delivered is faulty or is not of merchantable quality, or
- The Product delivered is not fit for its intended purpose, or
- The Product delivered does not match the description on the Site
- If the Product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the Site or covered under a warranty from the manufacturer, then please contact us on email firstname.lastname@example.org and one of our team will assist with your request. To enable us to evaluate your return request, please provide us with:
- the Order number, invoice number or receipt number;
- a detailed description of the problem or the reason for your request to the return the item;
- photograph(s) of the items if applicable
- your name and contact details
- We will evaluate your return request and issue you with a returns authorisation once we have received details of your return request. We will send you full return instructions and return address. If we feel the problem described requires clarification, we may contact you to clarify in order to provide a more efficient service.
Do-It-Yourself and How-To Content
- You acknowledge that any video clips and photographs contained in this Site may depict activities undertaken by qualified and highly trained professionals and/or experts.
- You agree not to attempt to replicate any activities shown on this Site unless you have:
- checked the service information and specification for the specific item that you are using, as the correct method may be different to any generic example shown in this Site;
- obtained advice from the relevant qualified experts, tradespeople and/or professionals;
- complied with all applicable laws, regulations and by-laws; and
- employed safe practices for carrying out the activities.
- Any film or text transcript in this website are intended to be an information source only. MSE makes no statements, representations or warranties about the accuracy or completeness of this information.
- Subject to applicable laws, MSE does not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this website and its contents (including but not limited to the films and the information in any films being inaccurate or incomplete in any way, and for any other reason).
- If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
- This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.