Terms of Service

Overview

This website is operated by Adelaide 36ers. Throughout these Terms of Service, the terms “Adelaide 36ers”, “we”, “us” and “our” refer to Adelaide 36ers.

These Terms of Service apply when you access or use this website, create an account, place an order or otherwise use any information, tools, products or services available through this website (collectively, the “Service”).

By accessing or using the Service, you agree to these Terms of Service and any policies referred to within them, including our Privacy Policy, Shipping Policy and Returns Policy. If you do not agree to these terms, you should not access or use the Service.

Our online store is hosted by Shopify Inc., which provides the ecommerce platform through which we offer our products and services.

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.

1. Online Store Eligibility

By using the Service, you confirm that:

• you are at least the age of majority in your state or territory of residence, or you have the permission of a parent or legal guardian;

• any information you provide is accurate, current and complete;

• you will not use the Service or our products for any unlawful, fraudulent or unauthorised purpose; and

• you will not transmit viruses, malicious code or any material designed to interfere with the operation or security of the Service.

We may suspend or terminate access to the Service where we reasonably believe these Terms have been breached.

2. Orders and Contract Formation

Placing an order constitutes an offer to purchase products from us under these Terms of Service.

An order confirmation or payment confirmation acknowledges that we have received your order. It does not necessarily mean that your order has been accepted.

We accept your order when:

• the order is dispatched;
• we notify you that a Click & Collect order is ready for collection; or
• we otherwise expressly confirm that the order has been accepted.
• Before accepting an order, we may verify product availability, payment information, delivery details, customer eligibility and the validity of any discount or promotional offer.

We may reject or cancel an order before acceptance where reasonably necessary, including where:

• a product is unavailable;
• pricing, product, inventory or promotional information contains an error;
• a payment cannot be authorised or is suspected to be fraudulent;
• an order appears to have been placed for unauthorised resale;
• a discount or promotional offer has been applied incorrectly or by an ineligible customer;
• delivery or fulfilment is not reasonably possible; or
• the order breaches these Terms or another applicable policy.

If we cancel an order after payment has been processed, we will provide a full refund of the cancelled amount to the original payment method. Processing times imposed by banks or payment providers are outside our control.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

3. Prices and Payment

All prices displayed on the website are in Australian dollars and include GST where applicable, unless otherwise stated.

Delivery charges and any other applicable fees will be displayed before you complete checkout.

Prices, products and promotions may change from time to time. Changes will not affect an order that we have already accepted, except where required by law or agreed with you.

You agree to provide accurate, current and complete payment, billing, contact and delivery information. You authorise us and our payment providers to process the amount displayed at checkout.

If an obvious pricing, discount or promotional error affects an order, we may contact you to provide the option of proceeding at the correct price or receiving a full refund.

4. Discounts and Promotional Offers

Discount codes, promotional offers and benefits are subject to their stated conditions, eligibility requirements, validity periods, product exclusions and usage limits.

Staff, player, member, partner, sponsor, corporate or other restricted discounts may only be used by eligible customers. We may require eligibility to be verified through an authorised email address, customer account or another reasonable verification method.

Restricted discounts are personal to the eligible recipient and must not be published, transferred, shared or used on behalf of an ineligible person unless we have expressly authorised this.

A discount may sometimes be automatically attached to a cart or checkout through a promotional link, saved browser session, third-party service or ecommerce platform feature. Automatic application does not override the discount’s eligibility requirements.

We may reject, adjust or cancel an order where:

• a discount has been applied incorrectly;
• the customer does not satisfy the applicable eligibility requirements;
• a code has been used contrary to its stated conditions;
• a discount has been duplicated, manipulated or combined in a way that is not permitted; or
• we reasonably suspect unauthorised, fraudulent or abusive use.

If we cancel a paid order for one of these reasons, we will provide a full refund of the cancelled amount to the original payment method.

Discounts have no cash value and cannot be exchanged for cash unless required by law. Unless expressly stated otherwise, discounts cannot be applied retrospectively to completed purchases.

5. Products and Availability

Products may be available exclusively online, exclusively in-store or in limited quantities.

We make reasonable efforts to display product descriptions, images, colours, measurements and other information accurately. However, the appearance of colours may vary depending on your device and display settings.

Product images are illustrative, and minor variations may occur where they do not materially alter the nature, quality or intended use of the product.

All orders are subject to availability. Adding an item to your cart does not reserve that item.

We may reasonably limit the quantity of products purchased by a customer or household, particularly for limited releases, collectibles, promotional products or items intended for personal use.

6. Shipping, Delivery and Click & Collect

Shipping options, charges and estimated delivery timeframes are displayed at checkout or explained in our Shipping Policy.

Any stated delivery timeframe is an estimate unless we expressly agree otherwise. Delays may occur due to carriers, weather, high-volume periods, events or circumstances outside our reasonable control.

You are responsible for providing complete and accurate delivery information. Additional costs resulting from incorrect or incomplete information may be charged to you where reasonable and permitted by law.

For Click & Collect orders, you must wait until you receive confirmation that your order is ready before attending the collection location. We may request reasonable proof of identity or order confirmation when an order is collected.

Further information is available in our Shipping Policy.

7. Returns, Exchanges and Consumer Guarantees

Returns, exchanges and change-of-mind requests are governed by our Returns Policy.

Our change-of-mind policy is provided in addition to your rights under the Australian Consumer Law. It does not limit your rights where a product is faulty, unsafe, not of acceptable quality, does not match its description or otherwise fails to meet a consumer guarantee.

Certain products may be excluded from change-of-mind returns, including personalised, customised or heat-pressed products, special orders, gift cards and clearance products, as explained in our Returns Policy. These exclusions do not remove any rights you have under the Australian Consumer Law.

Where the Australian Consumer Law entitles you to a remedy, the appropriate remedy may include a repair, replacement, refund or other remedy depending on the circumstances and whether the failure is major or minor.

8. Accounts and Customer Information

You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account.

You must provide accurate, current and complete information and promptly update your details where necessary.

Please contact us if you believe your account or personal information has been accessed or used without authorisation.

We may suspend or close an account where we reasonably believe it has been used fraudulently, unlawfully or in breach of these Terms.

9. Intellectual Property

Unless otherwise stated, the website and its content—including logos, trademarks, product designs, graphics, photographs, video, text and other materials—are owned by or licensed to Adelaide 36ers and are protected by applicable intellectual property laws.

You may access and use the website for personal, non-commercial shopping purposes.

You must not reproduce, distribute, modify, publish, sell, exploit or commercially use any part of the website or its content without our prior written permission or another lawful basis.

Nothing in these Terms grants you ownership of any Adelaide 36ers or third-party intellectual property.

10. Reviews, Feedback and User Submissions

If you voluntarily submit a review, image, comment, suggestion or other content to us, you confirm that:

• you have the right to provide it;
• it is accurate to the best of your knowledge;
• it does not infringe another person’s rights; and
• it is not unlawful, misleading, defamatory, abusive or malicious.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display the submitted content for purposes connected with our business and marketing, subject to applicable privacy and consumer laws.

We may moderate or remove user-submitted content where we reasonably believe it breaches these Terms or applicable law.

11. Third-Party Services and Links

The Service may contain links to third-party websites or use third-party services, including payment, delivery, review and social-media services.

Third-party services may be subject to separate terms and privacy policies. We are not responsible for third-party websites or services that we do not own or control, except to the extent that responsibility cannot lawfully be excluded.

The inclusion of a third-party link does not necessarily constitute endorsement of that third party.

12. Prohibited Uses

You must not use the Service:

• for any unlawful, fraudulent or misleading purpose;
• to infringe intellectual property, privacy or other legal rights;
• to harass, abuse, threaten, discriminate against or harm another person;
• to submit false or misleading information;
• to upload or transmit malicious code;
• to collect or track another person’s information without lawful authority;
• to spam, phish, scrape or interfere with the Service;
• to attempt to bypass security or eligibility controls;
• to misuse discount codes, promotional offers or customer accounts; or
• to purchase products for unauthorised commercial resale.

We may restrict or terminate access to the Service where we reasonably believe a prohibited use has occurred.

13. Privacy

Our collection, use, storage and disclosure of personal information are governed by our Privacy Policy.

By using the Service, you acknowledge that personal information may be processed by Shopify and other service providers involved in payment processing, order fulfilment, delivery, analytics and customer communications.

14. Availability of the Service

We aim to keep the Service accurate, secure and available. However, the Service may occasionally be unavailable due to maintenance, updates, technical faults or circumstances outside our reasonable control.

We may modify, suspend or discontinue parts of the Service where reasonably necessary. Where practical, we will provide notice of material changes that adversely affect existing orders or customer rights.

We do not guarantee that the Service will always be uninterrupted or error-free. This does not exclude any guarantee or right that cannot lawfully be excluded.

15. Liability

Nothing in these Terms excludes, restricts or modifies:

• any consumer guarantee, right or remedy under the Australian Consumer Law;
• liability for fraud, wilful misconduct or personal injury caused by negligence; or
• any other liability that cannot lawfully be excluded or limited.

To the extent permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable and was not caused by our breach, negligence or unlawful conduct.

Where the law permits us to limit a remedy for a failure to comply with a guarantee relating to services, our liability may be limited to supplying the services again or paying the reasonable cost of having the services supplied again.

16. Indemnity

To the extent permitted by law, you are responsible for reasonable loss or damage directly caused by your unlawful use of the Service or your material breach of these Terms.

This section does not make you responsible for loss caused by our acts, omissions, negligence or breach of law and does not limit any rights available to you under the Australian Consumer Law.

17. Suspension and Termination

You may stop using the Service at any time.

We may suspend or terminate your access where we reasonably believe that you have materially breached these Terms, acted unlawfully or created a security, fraud or operational risk.

Termination does not affect rights and obligations that arose before termination, including obligations relating to payment, intellectual property, privacy and accepted orders.

18. Severability and Waiver

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary. The remaining provisions will continue to apply.

If we do not immediately enforce a right under these Terms, that does not mean we waive that right.

19. Entire Agreement

These Terms and the policies referred to within them constitute the agreement between you and us concerning your use of the Service and purchases made through the website.

Nothing in this section excludes any representation or term that cannot lawfully be excluded.

20. Governing Law

These Terms are governed by the laws of South Australia and the Commonwealth of Australia.

You and Adelaide 36ers submit to the courts with jurisdiction in South Australia, subject to any rights you may have to bring a claim in another jurisdiction under applicable consumer law.

21. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Service, our operations or applicable law.

Updated Terms will be published on this page with a revised “Last updated” date. Changes will apply prospectively and will not remove rights that have already accrued or retrospectively alter an order we have accepted, unless required by law or agreed with you.

Your continued use of the Service after updated Terms take effect constitutes acceptance of the updated Terms.

22. Contact Information

Questions about these Terms of Service can be sent to:

Email: store@adelaide36ers.com
Website: adelaide36ersstore.com