Terms & Conditions

1. General Disclaimer

1.1. In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, “The Athlete’s Foot Australia” or “theathletesfoot.com.au” means Accent Group Limited (ABN 85 108 096 251), its subsidiaries and associates (unless otherwise stated).

1.2. This website, and our online store (our “Website”), is a channel for customers to place orders for products we have available for purchase.

1.3. We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.

1.4. While the information contained in the Website is believed to be accurate and current, it is provided by The Athlete’s Foot Australia in good faith on an "as is" basis. The Athlete’s Foot Australia its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.

1.5. You may have rights under Australian Consumer Law, and these T&C’s do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.

1.6. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.

2. Acceptance

2.1. The Athlete’s Foot Australia website and online store (collectively, our “Website”) is owned and operated by The Athlete’s Foot Australia Pty Limited trading as Accent Group Limited (ABN 85 108 096 251).

2.2. Access and use of The Athlete’s Foot Australia website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein (our “T&Cs”).You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our “Services”). Your use of The Athlete’s Foot Australia website constitutes your agreement to the T&Cs.

2.3. The Athlete’s Foot Australia reserves the right to amend the T&Cs at any time and without notice to you. The Athlete’s Foot Australia may change the T&Cs from time to time, and your continued use of The Athlete’s Foot Australia Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the website homepage at theathletesfoot.com.au.

2.4. These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.

3. Capacity

3.1. The Products available on the Website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

4. Orders, Pricing & Availabilty

4.1. Prices displayed within this Website are shown in Australian dollars (AUD) and include GST where applicable. Pricing on a product detail webpage may not include delivery charges (if applicable). Please read the Shipping & Returns details contained within this website for more information regarding delivery charges.

4.2. Any Order placed by You in the manner described in this website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified in this Website at the time you place your order on these Terms & Conditions.

4.3. The Athlete’s Foot Australia reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.

4.5. Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All pricing on our website is available online only, and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.

4.6. Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.

5. Payment

5.1. Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.

5.2. We accept payment via Visa, Mastercard, American Express (AMEX), PayPal, Afterpay and The Athlete’s Foot Australia Gift Cards and Loyalty Vouchers. You must comply with the applicable T&Cs of these providers.

5.3. To use a Gift Card online, please ensure you have a valid Gift Card.

5.4. All Woolworths Giftcards need to be converted into an e-voucher to be used online, this can be done at https://thecardnetwork.com.au/pages/the-active-card.

5.5. Payments using Woolworths e-vouchers can only be used for Full Payment of the purchase

5.6. For any questions or concerns regarding using Woolworths giftcards online, please contact The Card Network (TCN) on 1300 375 346

6. Fraud Protection

6.1. The Athlete’s Foot Australia carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from The Athlete’s Foot Australia may contact you directly as part of this protection process.

6.2. If The Athlete’s Foot Australia determines an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.

6.3. If you believe you have been a victim of a fraud, please contact our Fraud Protection Officer in writing at (customerservice@theathletesfoot.com.au). Please ensure the subject line of your email is “ATTN: Fraud Protection Officer” so we can prioritise and escalate appropriately.

7. Cancellations & Returns

Cancellations

7.1. Once your order has been placed you cannot cancel the order. Please note that we are unable to cancel an order or stop an order from being dispatched at your request.

Returns

7.2. Please read the Returns & Faulty Items Hub contained within this Website for refund details. Our Returns & Faulty Items Hub, and this clause 7, outline the circumstances in which a return will be available to you. Different terms and processes apply depending on whether you believe your item is faulty or you are seeking to make a return for change of mind. See further below:

Faulty Product Returns

7.3. If you believe you have received a product with a defect, please contact our Customer Care team as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. To assist, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the products.

7.4. If the product is confirmed to have a defect, we will replace or repair the product (if repair is reasonably possible) or refund the price of the product to your original payment method, as appropriate. If the product is confirmed to have a major defect, you are entitled to elect whether you want us to replace or repair (if repair is reasonably possible) the product or refund the price of the product to your original payment method. If the product is found not to have a defect, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

7.5. It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

Change Of Mind Returns

7.6. In addition to your rights in relation to faulty products in clauses 7.3-7.5 above, you can return any product that complies with our Change of Mind Returns Policy here and the associated Returns Process here.

7.7. For Change of Mind Returns, we will not refund any delivery costs that you have paid at purchase to have the product shipped to you, or the cost of any packaging you provide to send the items back to us. If the return, in our reasonable opinion, is not in compliance with clause our Change of Mind Returns Policy, we will contact you to ship the product back to you and you will be liable for the shipping costs both to and from us.

7.8. We monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and values, we are entitled to close or block access to your Account or deny you from making future orders.

7.9. Nothing in this clause 7 is intended to exclude any rights in clauses 7.3-7.5 above or any of your statutory rights as a consumer under the Australian Consumer Law.

Other Returns Information

7.10. If items are sent to us by mistake, we are not responsible for these items and accept no liability if we’re unable to locate them. If we are able to locate them and you want the items returned to you, we reserve the right to return them to you at your cost.

7.11. In the event The Athlete's Foot requests your bank account details to issue a refund, Please ensure you provide the correct BSB and Account Number. Your refund may be delayed if the incorrect details cause the refund to bounce. We are not liable for any refunds processed into the wrong account due to incorrect information provided.

7.12. When you wish to return an item from a promotion where you must reach the minimum spend in one transaction for the offered discount or code to be applied, and as a result, your order no longer qualifies for the discount, then the terms of the promotion have not been met and the amount credited for the returned item will be adjusted or withheld. The amount credited will be outlined in the email sent to you upon return.

8. Delivery

8.1. Please read the Delivery Information contained within this website.

8.2. Delivery times are indicative only, and The Athlete’s Foot Australia will not be liable for any failure to observe these delivery times.

9. Risk and Title

9.1. The Athlete’s Foot Australia will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.

9.2. You should consider whether you need to obtain any suitable insurance.

10. Online Account

10.1. The Athlete’s Foot Australia offers the ability for you to create an Online ClubFit Account. You can sign up here.

10.2. You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. The Athlete’s Foot Australia is entitled to assume that anybody accessing your account using your confidential username and password is you.

10.3. Be aware that others may access your account and private information if you do not sign-out before ending your session with The Athlete’s Foot Australia. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.

11. Limitation of Liability

11.1. The Athlete’s Foot Australia will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if The Athlete’s Foot Australia has been advised of the possibility of such damages.

11.2. Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of The Athlete’s Foot Australia for any breach of such term, condition or warranty shall be limited, at the option of The Athlete’s Foot Australia to any one or more of the following:

If the breach relates to goods:

• the replacement of the goods or supply of equivalent goods;

• the repair of such 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;

If the breach relates to services:

• the supplying of the services again; or

• The payment of the cost of having the services supplied again.

12. Privacy

12.1. You may be asked to input information about yourself on this Website. We take your privacy seriously, and your personal information will always be treated in accordance with our Privacy Policy.

12.2. Please read the Privacy Policy contained within this website. Our Privacy Policy sets out what information we collect, how we use it and what data we store.

13. Copyright

13.1. All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content”) is the property of The Athlete’s Foot Australia, or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.

13.2. Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of The Athlete’s Foot Australia.

14. Third party content, User content and Your content

14.1. At times the Website may contain links to other websites, which are not operated by us (“Linked Sites”). We may also provide embedded content hosted and controlled by third party providers (“Embedded Content”). The Athlete’s Foot Australia has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility, and is subject to the T&Cs of Linked Sites and Embedded Content.

14.2. The Athlete’s Foot Australia does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.

14.3. At times you may be able to provide, contribute, upload and publish (collectively, “Publish”) your own data, content or materials (“User Content”) to, or through, our Website and associated websites (eg. our Blog, Facebook page, etc). User Content could include text, images, information, or comments, Published via email, comment, blog, enquiry, social media platforms, third-party partnerships and plug-ins, or other means.

14.4. You own any User Content that you Publish on The Athlete’s Foot Australia Website (“Your Content”). Other users own any User Content they publish to The Athlete’s Foot Australia Website. The Athlete’s Foot Australia reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.

14.5. Your content must not include:

• Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements)

• Content that reveals private information, such as your or another person’s identity; or sensitive information, including names, email addresses, phone numbers or addresses.

• Content that infringes, or could possible infringe, the rights (including intellectual property rights, copyrights and trademarks) of others.

• Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.

14.6. You are personally responsible and liable for Your Content. By uploading and publishing Your Content you acknowledge that it does not contain any confidential information, and may be seen by others.

14.7. You are not entitled to any payment or compensation from The Athlete’s Foot Australia for our use of Your Content, or any User Content.

14.8. You can request removal of any User Content you Publish at any time by emailing us at customerservice@theathletesfoot.com.au. Please ensure the subject line of your email is “ATTN: Online Content Manager – User Content”.

14.9. You can report violations of the third-party and user content terms by emailing us at customerservice@theathletesfoot.com.au. Please ensure the subject line of your email is “ATTN: Online Content Manager – User Content”.

15. Viruses

15.1. The Athlete’s Foot Australia does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.

15.2. The Athlete’s Foot Australia will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on The Athlete’s Foot Australia it shall be limited to the cost of re-supplying that information.