TERMS & CONDITIONS
This site and its contents are subject to copyright. The Mani Sports & Fitness Australia website, mobile website, mobile application ("Online Content") is owned and operated by Mani Sports & Fitness Australia Pty Ltd. ABN 25 448 760 571.
By using or accessing these online content, you acknowledge that you have read, understood, and agree to be bound by these Terms of Conditions. If you do not agree to these Terms of Conditions, please do not use this online content.
In these terms and conditions, the expressions "we", "us", and "our" are a reference Mani Sports & Fitness Australia.
In these Terms and Conditions:
1. “Account” means the account that the register for on the Site, for the buyer to able to submit an Order on the Site; to able to purchase of goods from the Seller.
2. “Seller” means any one or more of the companies or divisions in Mani Sports and Fitness Australia Pty Ltd that maintain the site or accounts in the name of the Purchaser and/or who sells goods and/or services to the purchaser from time to time.
3. “Purchaser”, “Buyer” or “customer” means the company, firm or person identified as the “Applicant” whose name and account or accounts are maintained by the Seller and/or who acquire goods and/or services from the Seller from time to time.
4. “Consideration” has the same meaning as provided in the GST Act.
5. "Order" means the order submitted by you to the Site to purchase a Product from us;
6. “Contract" means your Order of a Product or Products in accordance with these Terms and Conditions
7. “GST” has the same meaning as provided in the GST Act.
8. “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999.
9. “GST Transition Act” means the A New Tax System (Goods and Services Tax Transition) Act 1999.
10. “Tax Invoice” has the same meaning as provided in the GST Act.
11. “Taxable Supply” has the same meaning provided as provided in the GST Act.
12. “Value” has the same meaning as in the GST Act.
13. Orders are accepted only upon and subject to these Terms and conditions which shall have force and effect as if incorporated into the Purchaser’s orders and no variation shall apply unless with the written agreement on the Seller.
14. LoginID means the email address that you provided to us as part of the registration process to use the Site.
15. Contact Hours means 9am to 5pm Monday to Saturday (Sydney time).
16. Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
A formal contract shall be deemed to have been entered into upon receipt by the Seller of an order, either written or verbal, from the Purchaser at any of the Seller’s places of business (“the contract”)
Product prices may vary online due to different customer offers, depending on their account. All prices depending on customer might be inclusive or exclusive of GST. Prices displayed on online are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
Changes to these terms and conditions
Mani Sports & Fitness Australia Pty Ltd. may revise or amend these Terms of Conditions at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Conditions is found to be unenforceable, the remainder of these Terms of Conditions remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Conditions.
The material on this site is protected by copyright under the laws of Australia and other countries through international treaties.
Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by us and its related companies, affiliates, licensors and licensees.
You grant Us. an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Mani Sports & Fitness Australia Pty Ltd. from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
You are not authorised, without the prior written permission of Mani Sports & Fitness Australia Pty Ltd. and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.
No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Mani Sports & Fitness Australia Pty Ltd. may be used without our prior, specific, written permission or that of the trademark owner.
Mani Sports & Fitness Australia Pty Ltd. controls and operates this site from its offices within Australia. These Terms of Conditions are governed by the laws of the State of Victoria. You and we agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.
Personal, non-commercial use
You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited
You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Conditions
Links to Third Party Websites
This site may contain information from or hyperlinks and other pointers to Internet websites operated by third parties. Such information or websites are not under the control of Mani Sports & Fitness Australia and We are not responsible for the contents of any such information or website. You rely on such information or websites entirely at your own risk.
You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
Buying products through our Online content
The photos on this web site are provided to assist you in choosing the right product. Photos can be helpful in determining species, grade, and other considerations such as colour, material and other related characteristics. These photos are meant to be samples only and are not intended to provide a perfect match to the actual product. Colours and photo size may vary based upon your screen resolution and other computer settings outside of Mani Sports & Fitness Australia Pty Ltd. control. The photo may differ from the actual product due to reproduction limitations of the photograph and limitations of viewing photos at different resolutions, hue, brightness, contrast, and other screen variations.
The size of the sample photo shown on the website is a very small fraction of the number of actual products. You should expect greater variation in grain, colour, and character in your actual product than may be visible in the photograph. Leather is a natural product and some variation is to be expected. Some species of leather/ vinal change colour over time. This may vary based on the specific conditions of your site.
Therefore, Mani Sports & Fitness Australia Pty Ltd. shall not be held responsible for any variation between the photos on this website and the actual product you receive, including but not limited to: Colour variation, grain variation, colour change, and character variation.
All orders are subject to acceptance and availability, and items in your shopping cart are not reserved and may be purchased by other customers.
Mani Sports & Fitness Australia Pty Ltd offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to Mani Sports & Fitness Australia Pty Ltd. Your rights regarding Advance Purchase are the same as those for any other purchase at Mani Sports & Fitness Australia Pty Ltd. Alternatively; you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock. Goods ordered shall be supplied ex-stock of the Seller but should the Seller be out of stock at the time required for delivery, any undelivered stock shall be placed on back order and delivered when they become available. No claim for short deliveries will be accepted unless notified within seven (7) days of receipt of goods.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
Prices of products placed in the 'cart' but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site. Mani Sports & Fitness Australia Pty Ltd. is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Online content, or an error in your order. We may require additional verification or information before accepting any order.
The goods purchased from Mani Sports & Fitness Australia Pty Ltd. online does not pass from Mani Sports & Fitness Australia Pty Ltd. to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
Product availability may vary between Mani Sports & Fitness Australia Pty Ltd. retail stores and Mani Sports & Fitness Australia Pty Ltd. online due to different customer offers. All prices are inclusive of GST. Prices displayed on online are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
We will only deliver Products ordered through the Site to a location where we provide delivery services.
You may obtain further information by emailing us on firstname.lastname@example.org or by calling us about our delivery timeframes and how we deliver certain Products. The Delivery Fee for your order depends on the type of Product you order (in particular, the size and weight of the Product).
You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
We also recommend that you be present to accept the delivery of your order if you have paid by credit card.
We may require the person accepting the delivery of your order to:
provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; also
You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order; and will ensure that the person receiving goods at your address is authorised.
In promotion times Mani Sports & Fitness Australia Pty Ltd may decide to offer free Delivery for orders above $70 or more (excluding items classified as Big and Bulky) to metropolitan areas in Adelaide, Brisbane, Melbourne, Geelong, Perth & Sydney. If you are in those delivery areas and your order is less than $70, you will be charged a small delivery fee.
For deliveries to areas outside the main metropolitan centres you will be charged $25.95 (including GST) for an order of any value (excluding items classified as Big and Bulky).
Damaged Products and returns
You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Customer Service. If you notice damage to a Product after delivery, you should notify us within 7 days of delivery. If so, you may return the product to us in accordance with this clause.
If you wish to return a Product that is not damaged and that was provided to you under these terms and conditions, then you may return that Product in accordance with our Returns Policy click here.
We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.
After delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
Disclaimer of warranty
Mani Sports & Fitness Australia Pty Ltd. is providing this online content on an 'as is' basis and use of this content is at your own risk. Mani Sports & Fitness Australia Pty Ltd. and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on Mani Sports & Fitness Australia Pty Ltd. Online (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Mani Sports & Fitness Australia Pty Ltd. expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability or fitness for purpose.
Rights we cannot exclude
The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.
Your ability to purchase goods from Mani Sports & Fitness Australia Pty Ltd. Online may be terminated by Mani Sports & Fitness Australia Pty Ltd. at any time without notice. All restrictions, licences granted by you and limitations of Mani Sports & Fitness Australia Pty Ltd.' liability will survive termination