Terms & Conditions
WEBSITE TERMS AND CONDITIONS
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 with entering the Website. You must accept these terms and conditions to access this Website any further.
PLACING AN ORDER AND PAYMENT
1.1 By completing an order, you are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by Swing Active to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by PayPal / credit card. Swing Active accepts all credit cards via PayPal. You warrant that You are an authorised user of the PayPal account.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by Swing Active. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by Swing Active will be upon Your receipt of the email confirming despatch of the Product. Swing Active may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by Swing Active.
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
1.5 Swing Active may vary prices in the event of price changes or mistakes on reasonable prior notice to You.
1.6 This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser (e.g. Netscape Navigator 3.0 or Internet Explorer Microsoft 3.0 and above). In Netscape you can determine whether encryption is active by looking at the little key in the lower left-hand corner of the Netscape window. A solid key indicates that the document is encrypted, while a broken key indicates that the document is not encrypted. In Microsoft Internet Explorer, a solid padlock will appear on the bottom right of the screen when encryption is in use.
1.7 Quantity in stock does not take into account the orders which are yet to be processed. It is possible that an order placed earlier will receive the stock allocation which was displayed at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our website.
1.8 Swing Active reserves the right to limit the quantity of items purchased with regards to limited edition and/or exclusive products. It is a condition of this Agreement that you do not resell the Products to a third party.
1.9 The use of cookies on this Website - this Website uses cookies to allow the web server to recognise you as a unique user when you visit. These cookies are necessary for the proper functioning of certain data access features on the site, such as the online shopping component. Cookies allow programs running on the web server to keep track of your order data and any options you have specified, such as currency conversion rates. The use of cookies is restricted to allowing the web server to recognise you as the same visitor to the Website each time you interact with the data-driven features of the Website. Though cookies uniquely identify you to the web server, they do not personally identify you, therefore it is not possible for us to determine your name or email address from the cookies we place on your computer.
1.10 Expiry of cookies - the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
1.11 Swing Active does not store or keep credit card numbers from online transactions.
1.12 The Website is owned and operated by Swing Active. This Agreement supersedes all prior agreements and may be revised by Swing Active from time to time.
1.13 This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
YOUR USE OF THIS WEBSITE
2.1 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.
2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Swing Active'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.
DELIVERY
3.1 Orders placed within Australia or goods shipped to an Australian residence are subject to Australian GST. Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the country from which the order was placed.
3.2 Delivery of Products within Australia is effected using AUSTRALIA POST.
3.3 Swing Active will use reasonable endeavours to arrange dispatch of the Product within 5 working days of submitting the Purchase Order.
3.4 Swing Active will not be liable to You for any loss or damage You suffer if the Product is not delivered within the expected timeframes. Expected timeframes are an estimation only.
3.5 Australia wide - all deliveries must be signed. Risk and title in the Product will pass to You upon You, or any other person in attendance at the delivery address, signing for receipt of the Product.
3.6 If the product is delivered using a courier service, and there is no one at the delivery address to receive the Product, the Product will be returned to Swing Active. All packages delivered by courier need to be signed in order to accept the package. Should an ATR (Authority to Leave) be stated on the purchase notes by the buyer then the buyer accepts all responsibility for missing packages left by the courier. If the Product is delivered using Australia Registered Post, and the recipient is not present to receive the Product, it will be delivered to the closest Australia Post outlet.
YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS
4.1 You will be asked to accept this Agreement during the purchase process by ticking "I agree with Swing Active’s Terms & Conditions and Privacy Policy". By ticking "I agree with Swing Active's Terms & Conditions and Privacy Policy” you agree to the terms and conditions of this Agreement.
4.2 From time to time, this Agreement will be reviewed and may be revised. Swing Active 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.
INTELLECTUAL PROPERTY
5.1 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.
5.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Swing Active.
5.3 All rights not expressly granted are reserved.
5.4 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 Swing Active’s direct control and Swing Active 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 Swing Active is entitled to require you to remove any link from another website to this Website which you install without obtaining Swing Active’s prior written consent.
WARRANTIES
6.1 You acknowledge some Products require special maintenance. Swing Active will not be liable for any damage caused by any failure by You to maintain the Product properly.
6.2 Please note that the colours of Product may vary slightly from those displayed by Your computer monitor/screen.
6.3 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, Swing Active 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
7.1 To the fullest extent permitted by law, Swing Active’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Swing Active, 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.
7.2 Swing Active’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Swing Active has been notified of the possibility of such loss or damage.
7.3 You agree that Swing Active’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.