Terms of Use
TERMS AND CONDITIONS
In these terms and conditions "we" and "us" means SPORTS MAGIC PTY LTD ACN 604 084 933 and "you" means you the customer. Your use of this website along with your order(s) constitutes your agreement to follow these rules and to be bound by them. Please take a few minutes to review these Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use this website.
SPORTS MAGIC PTY LTD reserves the right to amend the Terms and Conditions at any time and without notice to you. As such, you should check these terms and conditions from time to time for such changes.
SALES
We only sell and deliver products within Australia.
CAPACITY
The products on this website are only available for sale to individuals who are over the age of 18 (eighteen) years and therefore able to enter a legally binding contract. By accepting these Terms and Conditions you acknowledge that you are over the age of 18 (eighteen) years.
ORDERS
Any Order(s) placed by you on this website is an offer by you to purchase the Products you have selected for the price, including any delivery and other charges and taxes, specified on this website based on these Terms and Conditions. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however SPORTS MAGIC PTY LTD will endeavour to supply Products to you. SPORTS MAGIC PTY LTD reserves the right to accept, refuse or cancel your offer for any reason, including, without limitation, the unavailability of any Product, or an error in price or the product description posted on this website. If we cannot process or accept your order after payment is received, we will contact you via email.
We will notify you that you order is being processed by sending you an order confirmation and tax invoice via email, however your contract with SPORTS MAGIC PTY LTD only becomes valid when we forward confirmation of receipt of your order and payment and /or deposit. Please note once an order has been put through, SPORTS MAGIC PTY LTD does not permit for the cancellation nor the amending of your order under any circumstances. If ordering on behalf of a club, school or other incorporated body you agree that you are authorized to place orders on behalf of that entity and will accept responsibility for payment of any product ordered.
If purchasing a custom-made product, it is your responsibility to ensure that any artwork supplied by you is correct and not in breach of any copyright infringements. Any artwork supplied and/or designs that we generate on your behalf remain the property of SPORTS MAGIC PTY LTD and will not be allowed to be copied without our prior written consent. We advise you strongly to please choose carefully before placing your order, especially with regards to sizing, measurements and colours.
SPORTS MAGIC PTY LTD shall not be liable for normal variations in tolerance, dimension, weight or quality of Goods. This includes colour and design from the computer screen image to the final product. SPORTS MAGIC PTY LTD suggests if in doubt a pre-production sample can be requested.
For full sublimation garments, the artwork and/or logo placement will be proportionally scaled according to the size of the garment.
PAYMENT METHODS
SPORTS MAGIC PTY LTD currently accepts PayPal, direct deposit, Cheque or credit card.
(a) PayPal -you can pay for your item online through PayPal without sharing your financial information. You can pay using your debit card, credit card, Bank account or PayPal balance.
(b) Direct Deposit – payments can be made via direct into our SPORTS MAGIC PTY LTD bank account. We will require receipt from you of your transfer either via email and will need to verify the funds have been received into our account prior to dispatch of goods or acceptance of your order.
(c) Credit Card – we can accept payments via Visa Card or Mastercard online. We can also accept Visa or Mastercard at our Chipping Norton warehouse or over the phone. Please note a surcharge applies of 1.75% + 30c for credit card payments made at our office or over the phone. Our credit card information is stored with third party PayPal which is Fully PCI compliant. PayPal has PCI (Payment Card Industry) and CISP (Cardholder Information Security Program) standards which are the international best practice standards for data protection. PayPal works in full compliance with these standards to protect our customers from fraud and loss of data. The personal and financial information stored by PayPal on our behalf is securely encrypted to ensure your complete protection.
(d) Cheque – We can accept cheques made payable to SPORTS MAGIC PTY LTD. Goods will not be dispatched or orders accepted until the funds have cleared in our account.
PLEASE NOTE
- the payments from credit cards issued outside of Australia are not accepted
- we may require further information for additional security reference checks
- Cheque payments could delay processing of your order until the time your payment clears
GST
SPORTS MAGIC PTY LTD purchases include GST unless otherwise stated.
PRICES
All prices are displayed in AUS dollars and are inclusive of GST unless otherwise stated. SPORTS MAGIC PTY LTD aims to offer our customers the best price and value for money. Prices of products and services, delivery and any other charges displayed on this website are current at the time of listing but may change at any time and are subject to availability. Quotes provided to you by SPORTS MAGIC PTY LTD are valid for 30 days only.
DELIVERY TIME OF YOUR PRODUCTS
Please ensure your contact details are correct and up to date. Your order for any online sale will be shipped to anywhere in Australia usually within 10 working days after payment has been confirmed. Please note if an item is not in stock and has to be ordered from the manufacturer you will be notified within 48 hours via email and delivery may be delayed by approximately 3-5 days. Once your order has been dispatched, we will email you confirmation.
We expect to deliver any custom-made order/s 2-6 weeks after your order has been placed and accepted by SPORTS MAGIC PTY LTD. Acceptance will be confirmed once an artwork approval has been signed by you and a deposit received and cleared in our account. Delivery of any custom-made product/s are dependent on the item, design and stock availability. An estimated timeframe will be provided upon acceptance of your order but cannot be guaranteed as there may be unforeseen circumstances outside of SPORTS MAGIC PTY LTD’s control.
All our orders are delivered either via courier service or Australia Post. When orders are dispatched through Australia Post a tracking number is generated, which is only emailed to you in the event of a missing item or at your request. Your item can be tracked via the Australia Post website. If order is dispatched via courier service, then you will receive the carriers’ details and their estimated delivery time to your door.
SPORTS MAGIC PTY LTD makes every effort to deliver your order according to the estimated delivery times provided. The estimated delivery times are in business days (Monday-Friday), excluding Australian public holidays. Please note that we cannot guarantee that we will deliver within the delivery times estimated as there may be unforeseen circumstances beyond SPORTS MAGIC PTY LTD's control. If your product has not arrived after the estimated delivery time, please contact us. If you live in an area that is considered difficult to access or poorly serviced by Australia Post/couriers, then we may not be able to deliver to you. In these cases, we will offer you a FULL refund unless your order is a custom-made product.
We will deliver your product(s) straight to your door i.e. the address indicated on your order confirmation. If no-one is available to receive the delivery, Australia Post will leave a card stating that your item is ready for pickup from your local post office. Where delivery is via a courier, they will leave a card requesting you telephone them to arrange a suitable time and date for delivery. It is the customer's responsibility to follow-up with Australia post or the freight company in response to attempted delivery cards left.
In the unlikely event a product is returned to SPORTS MAGIC PTY LTD, the parcel will not be redispatches until postage has been repaid by the customer. SPORTS MAGIC PTY LTD in this instance reserves the right to withhold this parcel until such payment is received. Customer does not have the option to cancel their order.
Pickup from our Chipping Norton NSW warehouse is available by appointment only.
You must inspect the goods upon delivery/pickup. If any goods are damaged or not delivered, please contact us immediately. We reserve the right to inspect the goods prior to a replacement/refund being given. Goods picked up from our warehouse we encourage you to inspect prior to leaving the premises.
We cannot accept returns on any custom-made products unless the product is defective or does not match your signed artwork approval. We are not liable for any errors in your order relating to incorrect sizes, colours or designs.
COST OF DELIVERY
The cost of delivery can vary depending on the weight of your order, the destination and the customer's timing requirements. The delivery costs will be clearly stated on your order confirmation prior to an order being finalised.
REFUNDS
No refunds, credits or replacements are offered if you have changed your mind, made an incorrect choice, or failed to verify and accurately provide information when placing an order.
DEAD ON ARRIVAL (DOA) PRODUCTS
A SPORTS MAGIC PTY LTD product is deemed DOA if the product shows symptoms of failure, or is discovered to be damaged or broken, when first unwrapped from its packaging.
A SPORTS MAGIC PTY LTD representative will determine whether the product is DOA, and if so, a replacement product will be arranged at the expense of SPORTS MAGIC PTY LTD. Refunds will ONLY be offered where a replacement product is not available.
If the product is determined NOT DOA, SPORTS MAGIC PTY LTD reserves the right to refuse to replace the product or offer any refund.
When a product is replaced then the DOA product becomes SPORTS MAGIC PTY LTD.’s property and the new product is the customer's property.
When a refund is given, the DOA product is SPORTS MAGIC PTY LTD.’s property.
ORGANISING RETURNS
When a SPORTS MAGIC PTY LTD official determines whether a product is DOA, you will be issued a RAN via email if the item has been delivered via a courier otherwise you will be requested to return the goods back to SPORTS MAGIC PTY LTD via Registered post. We will not be held liable for any goods damaged in transit back to us.
Returns to SPORTS MAGIC PTY LTD will only be accepted if previously arranged.
All the products returned must be packed in the original packaging, unmarked, including any and all original accessories, tags, manuals documentations and registrations delivered with the product.
ORGANISING REPLACEMENTS FOR DOA PRODUCTS
If product was received via Australia Post, then you may return this parcel via Australia Post Registered. We will refund you the cost of your postage once the item has been received and confirmed as DOA.
Where you have received the product via courier service, we will make arrangements with our courier service for collection of the product and will notify you of when they will collect the Product from you.
SPORTS MAGIC PTY LTD will email you the RAN which must be affixed to the product on its return.
REPLACEMENT
Where a replacement has been arranged for the same product that you ordered, it will be delivered to you at our expense after we have received your DOA product.
REFUNDS
If a refund has been granted it will be issued through the same payment medium in which your original payment was made with SPORTS MAGIC PTY LTD.
FAULTY PRODUCTS AFTER DELIVERY
If goods are found to be faulty after delivery and a valid claim is received by SPORTS MAGIC PTY LTD within 30 days of delivery, SPORTS MAGIC PTY LTD will exchange the product where possible or refund you the purchase price of the product. Should you contact us outside of these 30 days then SPORTS MAGIC PTY LTD will consider each claim on a case-by-case basis.
Where SPORTS MAGIC PTY LTD agrees to replace the product or refund you the purchase price you must first return the faulty product to us. You will be responsible for the postage/freight charges for the return of the product if the product is sent after the 30 days from dispatch.
We will make arrangements with you for the return of the faulty product.
If the goods are found not to be faulty, you will be contacted via email. In this case you will incur both the costs of returning the item to SPORTS MAGIC PTY LTD and the re-delivery to you, the customer.
OUR LIABILITY
SPORTS MAGIC PTY LTD should not be liable for any loss of income, loss of profits, loss of contracts, loss of data, or for any indirect or consequential loss or damage of any kind howsoever arising, and whether caused by tort (including negligence) breach of contract or otherwise.
Our maximum liability for any product supplied to you whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by you to us in respect of the product(s) in question.
CONDUCT
You must not copy, reproduce, publish, post, transmit or otherwise use www.SPORTS MAGIC PTY LTD.com.au content in any way except for your own personal non-commercial use. The names, images, logos and products of SPORTS MAGIC PTY LTD and its third parties are subject to copyright, design rights, patents and trademarks. Any use of www.SPORTS MAGIC PTY LTD.com.au content requires our prior written consent. You must not use www.SPORTS MAGIC PTY LTD.com.au to harm, abuse, intimidate, harass, threaten or offend any person or entity. You must not use material including viruses, computer codes, files or programs designed to interrupt or damage the functionality of computer hardware or software.
THIRD PARTIES
Certain areas of our website www.SPORTS MAGIC PTY LTD.com.au may contain links to external third-party websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of third-party websites.
CREDIT CARD FRAUD
SPORTS MAGIC PTY LTD employs the latest and safest Secure Sockets (SSL) technology software for all our transactions with our customers. However, SPORTS MAGIC PTY LTD will not be held responsible for any damages, consequential losses, whether direct or indirect, if the customers sensitive credit card information is compromised.
FORCE MAJEURE
SPORTS MAGIC PTY LTD will not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond our control. If such a delay is caused by such circumstances beyond our control, we reserve the right to a reasonable extension of time for the performance of such obligation e.g. Fire, flood, Acts of God etc.
APPLICABLE LAW
These Terms and Conditions shall be governed by the laws of New South Wales, Australia and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
CORRECTION OF ERRORS
SPORTS MAGIC PTY LTD makes every effort to present accurate and current information on our website, however the information may contain typographical errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, (including after you have submitted your order). Please note such errors, inaccuracies or omissions may relate to (but not limited to) product description, pricing and availability.
MISCELLANEOUS
These Terms and Conditions will not be assignable or transferable by you without the prior written consent of SPORTS MAGIC PTY LTD.
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity and enforceability of any other provisions of these Terms and Conditions, all of which will remain in force and effect.
Under the Trade Practices Act 1974, where implied conditions and warranties cannot be excluded, any liability on SPORTS MAGIC PTY LTD for breach of such a conditions or warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited at the option SPORTS MAGIC PTY LTD, to the replacement of the product(s), or the resupply of the same Product(s): the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure or your failure to enforce any of the Terms or Conditions constitutes a waiver of such a Term or Condition. Such failure shall, in no way, affect the right to later enforce such Term or Condition.
SPORTS MAGIC PTY LTD reserves the right to change the Terms and Conditions of sale at any time. No SPORTS MAGIC PTY LTD employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
