Terms and Conditions of Sale
1. Sales of our products by Ace Trading International Pty Ltd (trading as Tone Fitness Apparel), (hereafter “we”) are subject to the terms and conditions of sale set out below. By entering into a transaction to purchase one or more of our products, you are indicating your agreement to be bound by these terms and conditions.
2. All stock is subject to availability. PLEASE NOTE 'PREORDERED' ITEMS MAY TAKE UP TO 6 WEEKS* BECAUSE OF HIGH DEMAND
3. All prices quoted include GST and are accurate at the time of purchase but may change without notice.
4. By placing an order you warrant and represent that you are aged 18 years or older.
5. Once payment is accepted for an order, the order may only be cancelled at our sole discretion. Once the order has been shipped, we do not accept cancellation.
6.If you wish to return a product, you must arrange for the return of the product at your cost, to our office- within 14 days of purchase. This must include an extra postage bag for us to send back your new choice of product. Wrong size choice can be swapped/ exchanged for correct size at your cost. 'Change of mind' products can be exchanged at your cost, but not refunded. Goods on sale may not be refunded or exchanged.
7. An estimated delivery time will be quoted to you when placing an order. That time is usually 5-7 days with longer delivery for remote areas. The goods will not be shipped until payment is received in full. We reserve the right to charge you additional freight charges or fees for heavy/bulky deliveries. We will endeavour to contact you prior to shipping if these fees will be charged.
8. While we endeavour to use reliable delivery services, there may be times when deliveries are delayed. Late delivery does not constituted a breach of these terms or entitle you to cancel or refund an order. If a re-delivery is required due to an error in your address, you may be charged an additional delivery fee.
Limitation of Liability
9. While we take all reasonable care to ensure the information provided with our products is accurate, it is an essential pre-condition of your purchase of any product that you agree to hold us harmless and release us for any loss or damage you may suffer as a result of relying on any information included on our website or other written documentation provided with our products.
10. You agree that we will not be liable to you in any circumstances for loss of profit, loss of chance, business interruption or any other loss or damage howsoever arising whether in contract, tort or otherwise in connection with your use of a product you have purchased from us.
11. For the purposes of the Australian Consumer Law contained within the Competition and Consumer Act 2010(Cth), our liability for any breach of a term of this agreement is limited to supplying to you with a repaired or replaced product.
12. To the furthest extent permissible under law, we absolutely and irrevocably disclaim all warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for any particular purpose.
13. The applicable law in your state or territory may not permit some of the exclusions contained in our Terms. To the extent that any of the above exclusions are not allowed at law, they do not form part of this agreement. You should consult the laws in your state or territory to determine whether some of these exclusions do not apply to you.
14.We respect your privacy and keep your personal information confidential. We endeavour to follow the National Privacy Principles set out in the Privacy Act 1988 (Cth). Please see our Privacy for more information.
16. This agreement and this website are subject to the law of New South Wales and Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales to determine any dispute which arises under this agreement.
17. If any dispute or difference whatsoever arising out of or in connection with this contract you agree to submit that dispute to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules prior to taking any legal action action, save where that action is for the recovery of unpaid fees due by a customer or loss we have suffered as a result of your breach of this agreement. This clause does not bar you or us from seeking urgent interlocutory relief from a court of competent jurisdiction.
Breach of Agreement and Interest/Indemnity
18. In the event that you breach this agreement, you agree to indemnify us for any and all loss or damage suffered by us in connection with your breach, including direct and indirect losses, loss of profit, loss of chance, diminution of goodwill and legal expenses (including court filing fees, solicitor-client legal costs and disbursements) on a full indemnity basis.
19. If you purchase any goods and do not make full payment on the sale of a product, or your method of payment is rejected or reversed, you agree to pay us interest on any payments due from the date of the sale, or on any damages suffered by us as a result of your breach of this agreement at the rate of the current Reserve Bank of Australia interest rate listed on www.rba.gov.au plus 12% per annum, calculated and compounded daily on any amount which may be outstanding from time to time.
20. In the event that you pay a demand by us within 21 days of the date a notice from us is sent to you (by email, facsimile or post) concerning outstanding monies or informing you of a loss suffered by us as a result of your breach of this agreement, we will irrevocably waive our entitlement to interest under this agreement, but only on such part of the payments which has been paid by you.
21. Our website and logo are our copyright property. All page, interface and site design is our copyright property other than to the extent any is owned by another party and used under license. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use. Apart from any use as permitted under the Copyright Act 1968 (NSW), you may not, in any form or by any means adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create any kind of derivative works from any part of this website; or commercialise any information, products or services obtained from any part of our website without our written permission.
22. These terms and conditions represent the entire agreement between us and you concerning the sale of our products to you unless otherwise confirmed in writing. No other term is to be included or implied into this agreement other than where required by any Commonwealth, State or Territory legislation.
23. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
24. If any clause or term is found to be illegal, void, or unenforceable in any State or Territory then that clause will not apply, and shall be deemed to have never been included in the terms and conditions for that State or Territory only.
25. The clause will remain, if legal and enforceable, as part of the agreement applying to other States and Territories.
26. The exclusion of any term of the Agreement under these clauses will not affect or change the enforceability or construction of the other clause of these terms and conditions.
27. In these Terms and Conditions, unless the context otherwise requires:
- headings are for convenience only and do not affect the interpretation of this document;
- words importing the singular include the plural and vice versa;
- words importing a gender include any gender;
- an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate or any government, governmental authority, agency or instrumentality of whatever nature or kind and however named or called and vice versa;
- a reference to a document or an agreement includes an amendment or supplement to, or replacement or novation of, that document or agreement;
- a reference to a party or in any other document or agreement includes that party’s permitted successors and permitted assigns; and
- no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms or any part of them.
Amendments to These Terms
28. From time to time, we may amend these Terms. You agree to regularly review these Terms on our Website and to be bound by the terms in force as published on our Website from time to time.
Our Commitment to Privacy
Collection of Personal Information (NPP1)
- We collect personal information from you for the following primary purposes:
- to measure website performance:
- We collect information on which pages of the site record the most visits, how often a page is visited and for how long each visitor stays on the site. This data is aggregated and does not contain data which could be used to identify you and may be shared with our partners, such as Google Analytics.
- We record your Internet Protocol (IP) address to help diagnose problems or provide you with support. This information will not be used to identify you other than to provide technical support.
- to process your order and monitory sales and products purchased from us;
- to get in contact with you concerning your order and to let you know about our other products;
- for our own internal purposes (including risk management, training and billing);
- Credit card details are only recorded for the processing payment during telephone orders and will be deleted once payment has been made.
Use of Personal Information (NPP2)
- From time to time, we send out e-mails notifying our users or new products and services that users may be interested in. If you do not wish to receive these notifications, please choose the unsubscribe option on any email which you receive.
- We do not retain identifying data for website visitors.
- We may provide links to third party sites. How these sites use your information is not within our control and we do not accept any responsibility for the conduct of these entities.
- We will disclose your information where required to do so:
- by law or by any court, such as in response to a subpoena;
- to enforce the terms of any agreement between us; and
- to protect the rights, property or safety of our products and services, our customers or third parties, such as by disclosing information to legal or insurance advisers.
- We will never sell, rent or disclose your personal information to any third party for a purpose unrelated to our business. We may disclose your personal information to third parties who assist us in the operation of our business, such as delivery services, and cloud-computing providers who store our software. We do not authorise these third parties to use your information.
Storage and Security of Personal Information (NPP3 and 4)
- We take reasonable steps to keep our systems secure and protect your personal information and to ensure that data is up-to-date and complete. However, we cannot be held liable or responsible for events arising from unauthorized access of your personal information.
Openness and Access and Corrections (NPP 1.3, 5 and 6)
- Please provide any feedback through our website to help us improve our products and service. We may share your feedback with our partners, such as our hosting company, to help resolve issues or improve our service.
- Please contact our Privacy Officer at the below address if you have any queries or concerns regarding our policy, what personal information we retain about you, to update any information we retain concerning you or to make any enquiry concerning how we handle your private information: email@example.com
Transborder data flows (NPP9)
- We utilise cloud computing systems to store data, including personal data, which may reside in countries that do not have a similar law, binding scheme or contract which upholds similar principles to the NPP. We endeavour to ensure our cloud computing partners treat your and our information in confidence.
- We may link to third party websites via our website. We are not responsible for the privacy practices of those websites. You should read the privacy statement for any other website you visit via a link on our website.
Sensitive Information (NPP10)
- We do not intentionally receive or record sensitive information from you.
Changes to this policy
- We may review and update this policy from time to time. The most recent version of the policy will be listed on our website.
- Our website is not aimed at children under the age of 13 years of age and we do not intentionally seek to collect data from children under the age of 13 years.
Accuracy of information on website
- While Ace Trading International Pty Ltd (hereafter “we”) take all reasonable efforts to ensure the accuracy of the information contained on this website, the information may contain errors and omissions and is liable to be changed without notice to you.
- We provide you with no warranty or representation concerning the reliability, accuracy, relevance, applicability or quality of the information on this website. We will not be liable for any loss or damage, howsoever cause, including negligence, which may be directly or indirectly suffered by you or a third party in connection with the use of this website or any third party website which we provide links to on our website.
- We do not have responsibility to you or any third party for any loss suffered in connection with your use of this website, including loss arising as a result of the transmission of any computer virus.
- Unless otherwise stated, we own all intellectual property, including copyright, in all content on this website, other than intellectual property already owned by other persons. Your access to our website is only on the basis of personal, non-commercial use.
Internet security and cookies
- Transmission of information over the internet is not secure. We do not provide any encryption of your communications to us by our contact us page. While we endeavour to protect your confidential information, we are not liable for any breach of security, physical or electronic, which results from the use of our website.
- We may use “cookies” to record your site usage and improve our website. Cookies are small files and information exchanged between your computer and our website to record information. Cookies can be used to identify your browser and internet service provider.
Updates to these Terms
- We may change these Terms without notice to you at our discretion. The most up-to-date version of our terms will be uploaded to our website. By continuing to use our website you accept the Terms as they apply from time to time. No other term or condition or representation by us may alter this term.
- These Terms are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear an appeal from those courts in connection with any dispute or proceedings arising from these Terms or your use of our website.
INTERNATIONAL TAXES AND CUSTOMS CHARGES
1. International customers may be required to pay sales tax, duty and/or Customs charges. Please note that customs fees and any taxes associated with your purchase are the responsibility of the customer.
All Taxes and customs charges are the responsibility of the customer and are not included in the cost of the order or shipping charge. Taxes and customs charges differ depending on the country and state of the shipping address. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. Tone Fitness Apparel is not responsible for any additional taxes and customs charges that are requested during the shipment of your order. If you would like to know more, contact firstname.lastname@example.org
All competitions held on our website & social media pages are run professionally and fairly. Terms & conditions for each competition are different. Find as followed