Full Terms & Conditions


WEBSITE CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern playhardsports.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to playhardsports.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
The information contained in this website is for general information purposes only and is provided by playhardsports.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

Every effort is made to keep the website up and running smoothly. However, playhardsports.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

1. AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and playhardsports.com.au’s rights and obligations to each other.

 

2. LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that playhardsports.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

3. COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), playhardsports.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.

 

4. LINKS
Through this website you may be able to link to other websites which are not under the control of playhardsports.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that playhardsports.com.au is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

 

5. COPYRIGHT
This website and its contents are the copyright of playhardsports.com.au – © 2014. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

 

6. PRIVACY STATEMENT
At Playhardsports.com.au, we are committed to protecting your privacy as an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. Playhardsports.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy below carefully.

You may change your details at any time by advising us in writing via email. All information Playhardsports.com.au receives from its customers is protected by our secure server. Playhardsports.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

 

7. CHANGE IN PRIVACY POLICY
As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us at email@playhardsports.com.au; 1300 851518 and we will respond within 48 hours.

 

8. STORAGE AND SECURITY OF YOUR INFORMATION
We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with playhardsports.com.au customer support or queries.

We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by your registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned as soon as possible.

Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect playhardsports.com.au copyright, trademarks and other legal rights.

We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy.

Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.

Playhardsports.com.au strives to ensure the security, integrity and privacy of personal information submitted to our website, and periodically updates its security measures in light of current technologies.

 

9. COOKIES
A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of a website.

Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

 

10. DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, Playhardsports.com.au may use your Personal Data to protect the rights, property or safety of playhardsports.com.au, its customers or third parties.

Finally, if there is a change of control in our businesses (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. And finally we would only disclose your information in good faith and where required by any of the above circumstances.

 

11. THIRD PARTIES
Playhardsports.com.au does not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of playhardsports.com.au, its customers or third parties or if required by law.

We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

 

12. DISCLAIMER
To the fullest extent permitted by law, playhardsports.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Playhardsports.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of playhardsports.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

 

13. JURISDICTION
This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and playhardsports.com.au that results in litigation then you must submit to the jurisdiction of the courts of QLD

 

 

 

PRIVACY POLICY

At playhardsports.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you.playhardsports.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Playhardsports.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data playhardsports.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

 

1. THIRD PARTIES
Playhardsports.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

 

2. DISCLOSE YOUR INFORMATION
Playhardsports.com.au may be required, in certain circumstances, to disclose information in good faith and where playhardsports.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of playhardsports.com.au, its customers or third parties.

 

3. EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of playhardsports.com.au. Playhardsports.com.au expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then playhardsports.com.au will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Playhardsports.com.au reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

 

4. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Playhardsports.com.au expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

5. WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and playhardsports.com.au concerning your use and access to playhardsports.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

 

6. EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

 

 

TERMS AND CONDITIONS OF SALE

These terms and conditions are the only terms and conditions of quotation and sale to which playhardsports.com.au (ABN 79 066 094 559) will be bound and the Customer agrees that these terms and conditions will in all circumstances prevail over the Customer’s terms and conditions of purchase.

These terms and conditions supersede and exclude all prior and other discussions, representations and arrangements relating to the supply of goods, including but not limited to, those relating to the performance of the goods or the results that ought to be expected of the goods.

 

1. AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and playhardsports.com.au’s rights and obligations to each other.

 

2. LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that playhardsports.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

3. COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), playhardsports.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

 

4. ORDERS

Any special conditions specified on a Quotation or Invoice shall, to the extent they are consistent with these Terms, take precedence over these Terms.

Any direction by the Customer, either verbal or written, to procure goods or services from playhardsports.com.au, will be deemed as acceptance by the Customer of these Terms, despite any provisions to the contrary in the direction or any purchase order issued by the Customer.

Any orders placed by you in the manner described in this website is an offer to purchase a particular product for the price, including delivery charges and GST, specified in this website at the time you place your order and on these conditions.

All orders will be acknowledged by email with a Confirmation of Order and expected dispatch date. Playhardsports.com.au will not be held responsible for any delays in dispatch due to unforeseen circumstances.

Payment for orders is processed at the time of ordering goods. No goods will be dispatched until payment is made in full.

 

5. ACCEPTANCE

The Customer is to have accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of goods.

These terms and conditions may only be amended with playhardsports.com.au’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and playhardsports.com.au.

All patent, design rights, trade marks, copyright, original works and any other intellectual property in design, specification, process, method of working in relation to goods, shall vest for all times in playhardsports.com.au. The Customer is only granted an irrevocable licence to use the goods.

 

6. PRICES

Prices displayed on the website may change from time to time. Once an order is placed that price will hold. If playhardsports.com.au is unable to supply the product ordered or if there will be a significant delay in processing the order, we will contact you and either offer a similar product or refund your money.

Unless otherwise stated the price does not include freight, transportation, shipping, insurance, packing, storage and handling, and all sales, goods and services, excise or other taxes, and the Customer shall pay and indemnify playhardsports.com.au for those charges or taxes.

All prices are in Australian dollars and are subject to any variation in exchange rates, custom duties, taxes, freight insurance. Overseas customers should contact playhardsports.com.au for an export price.

Prices quoted are based on playhardsports.com.au’s estimated cost of production, manufacture or supply at the time of quotation and may be altered without notice to the Customer if there is any increase in the Supplier’s costs between date of quote and date of acceptance of the order. Subject to the above statement and at playhardsports.com.au’s discretion, the price shall be either as indicated on any invoice provided by playhardsports.com.au to the Customer or playhardsports.com.au’s quoted price which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

 

7. PAYMENT

Payment may be made by cheque, Mastercard, Visa, American Express or EFT. Payment must be made prior to dispatch of goods unless otherwise agreed to by playhardsports.com.au in writing.

The Customer, at times, may be required to pay a deposit or invoice in full, prior to commencement of work or before despatch, if the value of the work exceeds a reasonable amount or due to the unique nature of the product.

Where playhardsports.com.au has agreed to extend credit to the Customer, payment must be made within the agreed terms. playhardsports.com.au also reserves the right to vary the terms of payment and to require payment in cash in full prior to any further deliveries, should the credit worthiness of the Customer at any time become in playhardsports.com.au’s opinion, unsatisfactory.

The Customer is not entitled to make any deduction from amounts owing, in respect of any set off or counter claim being held back for retention.

The debit balance of the account must not at any time exceed the credit limit.

 

8. PAYMENT DEFAULT 

If the Customer defaults in payment by the due date of any amount payable to playhardsports.com.au and does not remedy the default within seven (7) days of written notice of the default by playhardsports.com.au, then all money which would become payable by the Customer to playhardsports.com.au at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and playhardsports.com.au may, without prejudice to any of its other accrued or contingent rights:

i) Charge the Customer interest on any sum due at the prevailing rate of 2.5% calculated on the outstanding balance and capitalised monthly till paid.

ii) Charge the Customer for, and the Customer must indemnify playhardsports.com.au from, all costs and expenses (including legal costs and expenses) incurred, resulting from the default or in taking action to enforce compliance with the Agreement or to recover any good.

iii) Cease or suspend supply of any further goods or services to the Customer.

iv) By written notice to the Customer, terminate any uncompleted contract with the Customer.

v) Where the Customer becomes bankrupt or has a liquidator, administrator or receiver appointed, all amounts owing will become due and payable.

vi) Without prejudice to any other rights which playhardsports.com.au may have under this contract or at law, playhardsports.com.au shall be entitled to enter upon the Customer’s premises and repossess the goods without notice, upon occurrence of any of the following events:

a) The Customer, being a natural person, commits an act of bankruptcy, or is declared insolvent;

b) Where the Customer is a corporation, proceedings are commenced to wind up the Customer or the Customer is put under official management or a receiver is appointed over the Customer’s undertaking or property, or the Customer is placed under any other form of administration;

c) The Customer, in the opinion of playhardsports.com.au is in breach of any terms of this contract.

vii) Legal and equitable title in the goods shall not pass to the Customer until the purchase price is paid in full to playhardsports.com.au, but risk in the goods shall pass to the Customer immediately upon delivery.

 

9. GOODS AND SERVICES TAX

Prices shown on the website are exclusive of GST unless otherwise stated. GST will be calculated and added to the final invoice price.

All prices quoted are ex-gst which shall be paid by the Customer to playhardsports.com.au and which shall be indicated on a Tax Invoice.

 

10. DELIVERY OF GOODS
Playhardsports.com.au uses National Freight Carriers or reputable courier companies to deliver goods.

Deliveries are processed promptly upon receipt of full payment. Stock items are despatched within 3 working days. Custom items may take 14 working days to be despatched. Replacement of damaged or lost items is made at the discretion of playhardsports.com.au.

Play Hard Sports Equipment will endeavour to deliver in the time frame indicated but will not be responsible for any loss or damage sustained by you or any other person, by reason any delay in delivery or any failure to fulfil an order or make delivery, however caused

The Customer shall be responsible for the immediate examination of the goods upon delivery and shall notify playhardsports.com.au of any defects, damages or incorrect supply within 7 days of delivery. Failure to notify playhardsports.com.au within the seven days the Customer shall be deemed to have accepted the goods and become liable for payment.

Delivery of goods is taken to occur at the time that the Customer or the Customer’s nominated carrier takes possession of the goods at playhardsports.com.au premises or playhardsports.com.au carrier delivers the goods to the Customer’s nominated address even if the Customer is not present at this address.

At playhardsports.com.au discretion the cost of delivery is either included in the Price or is in addition to the Price. If hand unloading or a truck with a lifter is required, additional charges will be incurred by the Customer and an Invoice will be raised in addition to the original sale unless playhardsports.com.au was made aware of this requirement at the time of purchase.

Playhardsports.com.au. may deliver the goods in separate instalments. Each separate instalment will be invoiced and paid in accordance with the provision of these terms and conditions.

Any time or date given by playhardsports.com.au given to the Customer is an estimate only. The Customer must still accept delivery of the goods even if late and playhardsports.com.au. will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

Risk of damage or loss of the goods passes to the Customer on delivery. It is the Customer’s right to refuse acceptance of any goods which have been damaged in transit. In this event Customers need to contact playhardsports.com.au.

If the Customer requests playhardsports.com.au to leave goods outside the Customer’s premises or deliver to an unattended location then such goods shall be left at the Customer’s sole risk.

 

11. WARRANTY

Playhardsports.com.au warrants that all goods manufactured by it will be free from defects in materials or workmanship under what playhardsports.com.au considers to be normal use and service.

The Customer must notify playhardsports.com.au immediately of any defect in the goods which it becomes aware after delivery and will take all reasonable steps to mitigate loss (if any) arising as a consequence of the defect. Playhardsports.com.au will not be required to incur additional expense in repairing goods caused by the transformation of goods or the integration of goods with other goods.

Playhardsports.com.au will investigate and determine, in its discretion, whether the goods and their components are defective. All other costs, including cartage and installation must be paid by the Customer. Playhardsports.com.au reserves the right to pursue reimbursement of any costs associated with any warranty investigation if it is determined not to be a fault or failure in its services and therefore not a warranty claim.

The Customer agrees to release, hold harmless and indemnify playhardsports.com.au from and against any liability whatsoever and howsoever arising in connection with the use of goods by the Customer.

In relation to the goods the subject of an order for less than $40,000, playhardsports.com.au acknowledges that the goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

To the maximum extent permitted by law, the liability of playhardsports.com.au, howsoever arising under a contract, is limited at playhardsports.com.au’s option to:

i) the replacement or repair of the goods
ii) the supply of equivalent goods; or
iii) the cost of replacing or repairing the goods or of acquiring equivalent goods.

Playhardsports.com.au accepts no responsibility for loss of or damage to or maintenance of secrecy with respect of any plans, drawings, samples or other material supplied by the Customer to playhardsports.com.au, although reasonable care will be taken. If any goods are manufactured to the design or specifications of the Customer, the Customer will indemnify playhardsports.com.au for any loss or damage sustained by playhardsports.com.au arising out of any breach of patent, trademark or registered design.

 

12. RETURNS AND REFUNDS
Playhardsports.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. It will be the customer’s responsibility to organise return of the goods. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. Refund payments may take up to 7 business days to be received. Refunds are made at the discretion of playhardsports.com.au.
Playhardsports.com.au  reserves the right to charge a restocking and handling fee on goods returned by the Customer. Acceptance of returned goods is at the discretion of playhardsports.com.au and only with prior approval of same. Goods that have been manufactured to the Customer’s specifications will not be returnable to Playhardsports.com.au.

Goods must be returned at the expense of the Customer. Goods returned for credit and accepted by Playhardsports.com.au will at Playhardsports.com.au discretion be subject to a minimum 20% restocking fee. The Customer shall not be entitled to any credit if goods are not returned within 30 days of notification.

If the Customer does not comply with this clause the Customer shall be taken to have unconditionally accepted that the goods comply with the Sale Conditions.

 

13. RISK AND INSURANCE

Risk in the goods passes to you at the time you accept receipt of the goods.

 

 

 

PERSONAL PROPERTY SECURITIES ACT (2009) (“PPSA”)

Defined terms used in this Clause 36 have the same meaning as given to them in the PPSA.

a) Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purpose of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by playhardsports.com.au.

b) The goods supplied or to be supplied under a contract fall within the PPSA classification of “other goods” acquired by the Customer pursuant to these conditions

c) The Customer acknowledges that playhardsports.com.au, as secured party, is entitled to register its interest in the goods supplied or to be supplied to the Customer, as Grantor, under a contract on the PPSA Register as Collateral.

d) The Customer undertakes to:

– promptly sign any further documents which playhardsports.com.au may reasonable require to

i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register

ii) register any other document required to be registered by the PPSA; or

iii) correct a defect in a statement or financing change statement in relation to a security interest on the Personal Properties Securities Register

– indemnify, and upon demand reimburse playhardsports.com.au for all expenses incurred in registering a financing statement on the PPS Register,

– or releasing any goods,

– not register a financing change statement in respect of a security interest without the prior written consent of playhardsports.com.au

– not register, or permit to be registered, a financing statement in relation to the Goods in favour of a third party without prior written consent from playhardsports.com.au

– immediately notify playhardsports.com.au of any material change in its business practices of selling the Goods which would result in a change in the nature of the proceeds derived from such sales

e) Playhardsports.com.au and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

f) The Customer waives their rights to receive notices under section 95, 118, 121(4), 130, 132 (3)(d) and 132 (4) of the PPSA

g) The Customer waives their rights as a grantor and/or debtor under sections 142 and 143 of the PPSA.

h) Unless otherwise agreed to in writing by playhardsports.com.au, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

i) The Customer agrees that, to the extent permitted by law, nothing in sections 130 to 143 of the PPSA will apply to, or the Security under these Conditions.

j) Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.