Terms of Service
1. Overview
a) This website (golfpunk.au) (“the Site”) is a website owned and operated by Atomic Fashion Marketing Pty Ltd (ABN 77 070 163 094) (“AFM”). Throughout the Site, the terms "we”, "us” and "our” refer to AFM.
b) AFM offers the Site, including all information and products available through the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms and Conditions (“these Terms”).
c) By using, browsing, accessing, or making a purchase through the Site, you indicate that you have read, understood and accept these Terms, together with our Privacy Policy, and agree to abide by them.
d) If you do not agree to these Terms, or for your information to be handled in accordance with our Privacy Policy, you should not access or otherwise use the Site or make any purchase of the products offered on, or via, the Site.
e) You can review the most current version of these Terms at any time on this page of the Site. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of these Terms as they appear on the Site at that time.
f) By agreeing to these Terms, you represent that you are at least the age of majority in your State or Territory of residence, or that you are the age of majority in your State or Territory of residence and you have given us your consent to allow any of your minor dependents to use the Site.
2. Purchasing products through the Site
a) All orders for the purchase of products made via the Site are subject to confirmation and acceptance by us.
Customer accounts on the Site
b) If you wish to purchase products through the Site, or lodge a return, we may provide you with an ability to create an account with us (Account) on the Site.
c) Any Account will be operated by an email address and password (Password). You may change or reset your Password by selecting the ‘Forgot Password' link in the sign-up process.
d) If you create an Account on the Site, you, as the creator of the Account, are solely responsible for the activity conducted via the Account. At any time, we may request that you provide identification to verify your identity.
e) In relation to your Account, you undertake that you will:
- not disclose your Password to any third party;
- take reasonable measures to prevent disclosure of your Password to any third party. You are liable for all use of the Site using your Account or Password;
- provide only accurate and complete registration information, and update that information if it changes in order to keep it current, complete and accurate;
- create only one account on the Site, and you will remain responsible for anything that happens through your Account; and
- not impersonate another account holder or provide false identity information to gain access to or use the Site.
f) Please notify us immediately to online@golfpunk.au if:
- you become aware that your Account or Password is being used without your authorisation; or
- there is any other security breach relating to your Account or Password.
Prices, promo codes and payments
g) All prices of products displayed on the Site are displayed in Australian dollars (AUD) and are noted inclusive of GST. You agree to pay the price for the products specified on the Site at the time that you make the purchase.
h) You must apply any valid promo codes during the checkout process. There is a limit of one promo code per transaction. Promo codes cannot be used in conjunction with any other offer.
i) AFM accepts payments for products purchased through the Site via Visa, Mastercard, PayPal and Afterpay. If you select payment by PayPal or Afterpay, at checkout, you will be redirected to the relevant third-party website to complete the transaction. You should familiarise yourself with the terms and conditions and privacy policies applicable to those third-party websites and payment options before using those third-party websites. AFM making the third-party payment options available as a payment option on the Site is not an endorsement of any of those third-party payment options by AFM.
j) You represent and warrant to us that any credit card or payment information you use to make a purchase through the Site is accurate and complete, and that you are duly authorised to make payment to us using that method of payment.
k) AFM reserves the right to amend any of the prices of products displayed on the Site from time to time without notice.
Order confirmation, variations and cancellation
l) After you have placed an order for products through the Site, and your payment has been processed by us, we will email you a copy of your receipt as confirmation of your order.
m) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer name, the same credit card, and/or orders that use the same billing and/or shipping address.
n) In the event we make a change to, or cancel your order, we will attempt to notify you by contacting you by email to the email address provided at the time the order was placed by you. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or where we suspect fraudulent activity.
o) You must provide us with complete and accurate details when making purchases through the Site. AFM is not liable if we are provided with an incorrect shipping address at the time of purchase.
p) Orders once made through the Site are unable to be changed. If you wish to cancel your order, you may do so by contacting our Customer Service Team at online@golfpunk.au within 24 hours of placing your order.
q) We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We currently only ship products within Australia and to New Zealand.
r) We reserve the right to limit the quantities of any products that we offer. We reserve the right to discontinue any product at any time.
Shipping, title and risk
s) You must pay any applicable shipping fees shown at the checkout when placing your order. We offer free shipping when the total value of the order (exclusive of any shipping costs) exceeds AUD$130.
t) We ship products to you via third party delivery companies, including Australia Post. We typically dispatch products for shipping within 4 days (excluding public holidays on the Gold Coast, Queensland, Australia) of the date of order. Any delivery times displayed on the Site are estimates only, based on information available to us at the time. AFM is not responsible for any delays caused by third-party delivery companies, especially during high volume periods.
u) Title to the products supplied does not pass to you until we have received full payment of the applicable price for the products from you.
v) Risk in the products supplied passes to you when the products have been delivered to the address provided by you at the time of order.
Product Description and Errors
w) Depending on the resolution of the screen you use to access the Site, the colours of products as displayed on the Site may not constitute an accurate depiction of the true colour of the item.
x) AFM makes all reasonable efforts to display correct and complete prices and descriptions in relation to products available for purchase through the Site and in any advertising materials we release about the products. Occasionally errors can occur, and in that event, AFM may cancel any purchase made at an incorrect price.
y) We reserve the right to cancel any order if we are unable to provide the requested products. You will be immediately contacted, and a full refund processed to the original method of payment in these cases.
z) You release AFM from any liability, loss, cost or expense (save for any refund of the purchase price paid by you for the cancelled order) you may suffer as a result of your order being cancelled in accordance with these Terms.
Returning products purchased through the Site
aa) AFM will provide you with a repair, replacement or refund as required pursuant to your rights under the Australian Consumer Law.
bb) For change of mind or incorrect sizes purchased by you, AFM will provide you with a refund if you return the item in its original condition, including all packaging and tags, within 30 days of the date of purchase. You as the customer are responsible for the payment of all shipping costs of returning the products purchased in cases where you have changed your mind about the purchase, or you have purchased the incorrect size.
cc) If a refund is required, the refund will be issued using your original payment method.
dd) Products purchased through the Site are unable to be returned to stores selling the products, and must follow the return process set out on the Site if you wish to return the products.
3. Use of the Site
a) We reserve the right to refuse access to the Site to anyone for any reason at any time. You understand that your content and information (not including credit card information), may be transferred unencrypted and involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
b) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without express written permission by us.
c) When providing us with information through the Site, you understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
d) We do not warrant that your access to or use of the Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors, viruses, worms, trojan horses or other harmful components.
Prohibited use
e) In accessing and using the Site, you must not post or transmit on any part of the Site which:
- breaches any laws or regulations or are contrary to any relevant standard or codes;
- interferes with other users of the Site, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Site user from using the Site or any software on the Site;
- constitutes the promotion of gambling, the promotion of another website or commercial advertising;
- infringes anyone else’s copyright or other intellectual property rights;
- tampers with, hinders or modifies the Site or any feature or software on the Site; or
- knowingly transmits any viruses or other disabling features to the Site or any software on the Site.
f) You are prohibited from using the Site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
g) We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
Third-party links
h) Third-party links on this Site may direct you to third-party websites that are not affiliated with us.
i) We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
j) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
k) You should review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Linking to the Site
l) You may link to the homepage on the Site, provided you obtain our prior written consent. You can request our consent by sending us an email at online@golfpunk.au.
m) Your links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
n) You must not establish a link to any part of the Site from any website that is not owned by you.
o) No part of the Site may be framed on any other website, and you may not create a link to any part of the Site other than the home page (with our prior consent). We reserve the right to withdraw linking permission without notice.
Intellectual Property
p) You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Site, or any of our social media pages, for commercial purposes without obtaining an express licence to do so from us.
User Comments, Feedback, and other Submissions
q) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
r) We are and shall be under no obligation to:
- maintain any comments in confidence;
- pay compensation for any comments; or
- respond to any comments.
s) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
t) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
u) You agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website.
v) You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
w) Your submission of personal information through the Site is governed by our Privacy Policy.
Errors, Inaccuracies and Omissions
x) Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, product imagery, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or in any other marketing materials is inaccurate at any time without prior notice.
4. Liability
a) To the maximum extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to the goods purchased or these Terms that are not otherwise expressly contained in these Terms are excluded.
b) Nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited.
c) If any guarantee, term, condition or warranty is implied or imposed into these Terms (a Non-Excludable Provision) and AFM is able to limit your remedy for a breach of such a Non-Excludable Provision, then AFM’s liability for breach of the Non-Excludable Provision is limited to (at AFM’s option), the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
d) Subject to AFM’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of AFM for all claims under or relating to these Terms or a good purchased, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the amount paid by you for the good.
e) In calculating AFM’s aggregate liability to you, the parties must include any amounts paid or the value of any goods replaced, repaired or supplied by AFM under any Non-Excludable Provision.
f) Subject to AFM’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, AFM is not liable for, and no measure of damages will, under any circumstances, include:
A. special, indirect, consequential, incidental or punitive damages; or
B. damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
g) AFM’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
h) Your use of the Site generally is at your own risk. Except in the case of statements made by AFM about goods sold by AFM, you must not rely on any statement published on or linked to the Site without first making your own enquiries to verify the information.
i) To the extent permitted by law, all information on or linked to on the Site, save for information about goods sold by AFM, is provided "as is" and "as available" without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, quality, freedom from defects or non-infringement.
j) To the extent permitted by law, except as expressly stated herein, AFM does not accept any responsibility or liability for:
- any statement in the material on or linked to the Site; or
- any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Site and its content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
k) You agree to indemnify and hold AFM and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of, or in connection with, content you submit, post, transmit or otherwise make available through the Site, your use of the Site, your connection to the Site, your breach of these Terms, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
5. Special Promotions
a) We may from time to time run special promotions through the Site or any of our social media accounts, relating to selected products, colours, purchase periods, minimum spend requirements or other types of promotions.
b) Promotion specific terms may be noted on any promotion advertising on the Site (“Promotion Terms”) and will apply in relation to special promotions in addition to these Terms.
c) If there are any inconsistencies between these Terms and the Promotion Terms, the Promotion Terms will apply to the extent of any inconsistencies with these Terms in relation to any purchase made in connection with the promotion.
d) We may from time to time conduct joint promotions with third parties. You should review the full terms applicable to those joint promotions prior to making any purchase.
e) We may also conduct trade promotion competitions through the Site or through any of our social media accounts. You should review the full terms and conditions of any trade promotion available on the Site (“Competition Terms”) prior to submitting an entry to the competition. If there are any inconsistencies between these Terms and the Competition Terms, the Competition Terms will apply to the extent of any inconsistencies with these Terms in relation to the competition.
6. General
Governing Law
a) These Terms will be governed by the laws of Queensland, Australia.
b) By continuing to use the Site or by making any purchase through the Site, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.
Severability
c) In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
No Waiver
d) The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Entire Agreement
e) These Terms and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Contact information
f) Questions about the Terms should be sent to us at online@golfpunk.au.
1. Overview
- This website (golfpunk.au) (“the Site”) is a website owned and operated by Atomic Fashion Marketing Pty Ltd (ABN 77 070 163 094) (“AFM”). Throughout the Site, the terms "we”, "us” and "our” refer to AFM.
- AFM offers the Site, including all information and products available through the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms and Conditions (“these Terms”).
- By using, browsing, accessing, or making a purchase through the Site, you indicate that you have read, understood and accept these Terms, together with our Privacy Policy, and agree to abide by them.
- If you do not agree to these Terms, or for your information to be handled in accordance with our Privacy Policy, you should not access or otherwise use the Site or make any purchase of the products offered on, or via, the Site.
- You can review the most current version of these Terms at any time on this page of the Site. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of these Terms as they appear on the Site at that time.
- By agreeing to these Terms, you represent that you are at least the age of majority in your State or Territory of residence, or that you are the age of majority in your State or Territory of residence and you have given us your consent to allow any of your minor dependents to use the Site.
2. Purchasing products through the Site
- All orders for the purchase of products made via the Site are subject to confirmation and acceptance by us.
Customer accounts on the Site
- If you wish to purchase products through the Site, or lodge a return, we may provide you with an ability to create an account with us (Account) on the Site.
- Any Account will be operated by an email address and password (Password). You may change or reset your Password by selecting the ‘Forgot Password' link in the sign-up process.
- If you create an Account on the Site, you, as the creator of the Account, are solely responsible for the activity conducted via the Account. At any time, we may request that you provide identification to verify your identity.
- In relation to your Account, you undertake that you will:
- not disclose your Password to any third party;
- take reasonable measures to prevent disclosure of your Password to any third party. You are liable for all use of the Site using your Account or Password;