Terms of Agreement for online trading between AND1 AUSTRALIA Pty Ltd (ABN 81 005 940 205) and The user of this website (“You/Your”)
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding.
YOUR USE OF THE WEBSITE
By using this website, you agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
You will not violate or attempt to violate the security of the Website. You will not hack into the Website, AND1 AUSTRALIA’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
Your acceptance of the changes in Terms and Conditions
From time to time, this Agreement will be reviewed and may be revised. AND1 AUSTRALIA reserves the right to change this Agreement at any time. Any such changes will be posted on the Website. If you have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of your offer AND1 AUSTRALIA.
On occasion downtime, either scheduled or unscheduled, may occur. AND1 AUSTRALIA will work within reason to ensure this amount of downtime is limited. AND1 AUSTRALIA will not be held liable for the consequences of any downtime. Due to changing market forces and other extenuating circumstances that affect product availability and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice. Images displayed on this website should be regarded as illustrative and informational purposes only. We endeavour to display products as close to the physical colour/product as possible, but at times colourways (especially neon) may not be identical to the actual product.
Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by AND1 AUSTRALIA.
All rights not expressly granted are reserved.
This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under AND1 AUSTRALIA’s direct control and AND1 AUSTRALIA accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that AND1 AUSTRALIA is entitled to require you to remove any link from another website to this Website which you install without obtaining AND1 AUSTRALIA prior written consent.
You acknowledge that the Products require special maintenance. AND1 AUSTRALIA will not be liable for any damage caused by any failure by you to maintain the Product properly.
Please note that the colours of Product may vary slightly from those displayed by your computer monitor.
Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified (“Non-excludable Rights”). Notwithstanding any other term in this Agreement, AND1 AUSTRALIA does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, AND1 AUSTRALIA’s liability for breach of any implied warranty, condition or undertaking, which cannot be excluded, is limited, at the option of AND1 AUSTRALIA, to:
a. In the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
AND 1 AUSTRALIA’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if AND1 AUSTRALIA has been notified of the possibility of such loss or damage. You agree that AND1 AUSTRLIA’s liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.