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1. INTRODUCTION
Please carefully review the following terms and conditions of use (the “Terms”), which govern your access to and use of the Fila website www.fila.com.au (the “Site”) on any computer, mobile phone, tablet, console or other device. Your use of the Site constitutes your agreement to follow and be bound by the Terms. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Fila for products, services or otherwise. Unless defined elsewhere in the Terms, capitalised terms have the meanings given to them in clause 31 below.
2. RIGHT TO MODIFY TERMS
Fila reserves the right to update or modify the Terms at any time. Any updates or modifications of the Terms will be effective on the date which is 7 days after the updated Terms are posted on the Site and shall apply to your access and use of the Site and all acts or omissions occurring after the effective date. Your continued use of the Site following the posting of the updated Terms will constitute your acceptance of the updated Terms. For these reasons, we encourage you to review the Terms whenever you use the Site. If you do not agree to these Terms, please do not use the Site.
3. PERMITTED USES
The Site may be used only for lawful purposes and is available only for your personal, non-commercial use, which shall be limited to viewing the Site, purchasing products, providing permitted information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site.
4. ACCESS AND USE OF THE SITE
4.1 You must only use the Site in accordance with these Terms and any applicable law.
4.2 You must not (and must not attempt to):
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) interfere (or attempt to interfere) with security-related or other features of the Site.
4.3 To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must:
(a) give us accurate and current personal information including your name, address, and a valid email address; and
(b) be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
4.4 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You agree to accept responsibility for all activities that occur under your Account.
4.5 You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
4.6 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
4.7 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.
5. INFORMATION ON THIS SITE
5.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Fila.
5.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
5.3 Fila attempts to be as accurate as possible and eliminate errors on the Site. However, there may be information posted on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. If a product offered on the Site is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information posted on the Site by mistake. In the event that we identify the mistake before we process your order, we will notify you of the mistake and you may elect to proceed with, or cancel, your order.
5.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site.
6. PROHIBITED USES
Fila specifically prohibits any misuse of the Site and requires you to agree not to use the Site for any of the following:
(a) posting any information which is incomplete, false, inaccurate or not your own;
(b) changing or deleting any ownership notices from materials downloaded or printed from the Site;
(c) engaging in conduct that would constitute a criminal offence, give rise to civil Liability or otherwise violate any state, national or international law or regulation or constitute a failure to comply with an accepted internet protocol;
(d) impersonating a third party or otherwise misrepresenting your affiliation with a third party or your age;
(e) soliciting personal information from anyone under 18 or soliciting passwords or personally identifying information for commercial or unlawful purposes;
(f) communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
(g) communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
(h) communicating, transmitting, or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of Australian and New Zealand export control laws;
(i) using the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
(j) attempting to interfere in any way with the Site or Fila’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system;
(k) attempting to circumvent any content filtering techniques we may employ;
(l) attempting to access any service or area of the Site that you are not authorized to access;
(m) harvesting or collecting email addresses or other contact information of other users from the Site by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
(n) using any robot, spider, crawler, scraper, interface, scripts, or other automated means to collect information or otherwise interact with the Site;
(o) engaging in any harassing, intimidating, predatory or stalking conduct; and
(p) using any metatags or any other “hidden text” utilizing “Fila” or any other name, trademark or product or service name of Fila or its licensors and/or associates without Fila’s prior written permission.
7. RIGHT TO MONITOR AND TERMINATE USE
7.1 Although Fila has no obligation to monitor any user conduct on the Site, Fila reserves the right, and has absolute discretion, to monitor any user conduct on the Site at any time and for any reason.
7.2 Fila reserves the right, on reasonable grounds, to terminate your licence to use the Site, and to block or prevent your future access to and use of the Site. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Site. Where practicable, Fila will provide you with notice of any such termination or suspension. These Terms remain in effect even if your Account or your right to use the Site is terminated or suspended.
8. TERMS OF SALE
The following terms and conditions of sale (the “Sales Terms”) apply to your purchases of any products from Fila, except to the extent that you have entered into a separate written agreement with Fila that supersedes some or all of these Sale Terms. By placing an Order for products through this Site, you agree to be bound by and accept the Sales Terms in effect at the time of such Order. Other than as specifically provided in any separate written agreement between you and Fila, these Sales Terms may NOT be altered, supplemented or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Sales Terms.
9. ORDER AND FORMATION OF CONTRACT
9.1 When placing an Order, you must follow the instructions on the Site as to how to place your Order and for making changes to your Order before you submit it.
9.2 Once you select a product that you wish to order, you will then be shown or told (on the Site) the price you must pay including GST and any other applicable charges, including any delivery charges. Unless otherwise stated, the price and all charges are in Australian Dollars.
9.3 You must pay for the Order at the time of ordering by one of the payment methods we provide on the Site. You must pay for the Order in full at the time of ordering where directed by Fila or the payment method provider. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase.
9.4 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact our Customer Service Team. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
9.5 When you place an Order, you will receive from us a Confirmation of Order by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the products will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may refuse to accept an Order from you on reasonable grounds, including but not limited to:
(a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit your Order);
(b) if you are a stylist, a blogger or an influencer, we require you to utilise our services via our PR forum. If you email info@fila.com.au, our PR manager will be in contact for future wardrobe opportunities through our showroom; or
(c) we suspect that you might onsell our products to other consumers.
9.6 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. We will notify you if we are unable to accept your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
9.7 We do not authorise the purchase of our merchandise for resale purposes. Hence, we may, on reasonable grounds, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the Order was made. We also reserve the right to limit or prohibit Orders that, in our reasonable judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to cease doing business with those customers violating this clause.
10. PAYMENT METHODS
The Site currently accepts PayPal and Afterpay, VISA, MasterCard and American Express credit cards.
11. GST, CUSTOMS CHARGES AND DUTIES
As our Site is based in Australia, we charge you for your Order in Australian dollars. For Orders placed outside Australia, please note that you are responsible for payment of any taxes, customs, import duties, clearance fees and other charges (where applicable) in connection with your Order in your own country. You may wish to check whether these charges apply with your local authorities. The actual price charged to non-Australian customers will be subject to the exchange rate applied by the customer’s credit or debit card company.
12. DELIVERY
12.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.
12.2 Where you have provided contact information, we will try to contact you using your contact information to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
12.3 You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the products referred to in the Order unattended by the front door – or, where applicable, at the reception or concierge desk, or in accordance with your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and Liability for the Orders delivered and left unattended, and that this responsibility and Liability transfer to you on delivery.
12.4 If you do not grant us an 'authority to leave', you must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the courier may leave a card giving you instructions on either re-delivery or collection. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for procuring the return of the product and any storage fees ).
12.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address. As at the date of these Terms, Fila can only deliver products to customers in Australia, New Zealand, Fiji, New Caledonia and Papua New Guinea.
12.6 Unless otherwise specified by you, ownership and all risk in the product shall pass to you upon delivery and, from delivery onwards, we will not be liable for loss or destruction of the product.
12.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
13. SHIPPING TERMS AND POLICIES
13.1 We strive to process all Orders for in stock items within two (2) Business Days. Our standard Business Days are Monday through Friday, 8 am to 5 pm Australian Eastern Standard Time.
Australian deliveries: In most areas, delivery will take three (3) to six (6) Business Days from the date that the Order is fulfilled by our warehouse. However, in some remote areas, a delivery can take up to fifteen (15) Business Days from this date.
International deliveries: In most areas, delivery will take five (5) to ten (10) Business Days from the date that the Order is fulfilled by our warehouse. However, in some remote areas, a delivery can take up to twenty (20) Business Days from this date.
Please note: During peak sale periods, such as Boxing Day, flash sales, Black Friday and Click Frenzy, you will need to allow for five (5) Business Days in addition to the applicable delivery timelines set out above for all deliveries.
We reserve the right to substitute another courier of equal or lesser cost to deliver your Order. If expedited shipping is required (at additional cost), please select that as your shipping choice.
13.2 Occasionally, Orders with multiple items will ship separately. In the event this occurs, Fila will only charge the customer for the first package shipped; the remaining packages will be sent at the expense of Fila.
13.3 Delivery charges will be included on your invoice and can be viewed on a summary screen prior to finalising your Order. Delivery charges are based on the delivery location and method you select during the checkout process. The delivery charges shown during the checkout process are subject to verification. Delivery charges are subject to change and if the actual delivery charges are more than the amount shown on your invoice, we may contact you with the updated delivery charges before processing your Order, and you will have an opportunity to cancel your Order.
14. CANCELLATION
14.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and refund any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.
14.2 If you wish to cancel your Order, please contact our Customer Service Team via info@fila.com.au. No cancellation fees will apply. Once an Order has been processed, it cannot be cancelled and the item must instead be returned to us in accordance with our returns policy as set out below.
15. FAULTY PRODUCT RETURNS
15.1 Our 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 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.
15.2 We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact us via info@fila.com.au as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the returns process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
15.3 If the product is confirmed to have a defect, we will replace the product or refund the price of the product to your original payment method, at your request. If the product is found not to have a defect or deemed out of warranty, we will ship the product back to you.
15.4 It does not constitute a defect, if in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality 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.
15.5 Nothing in these Terms is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law. To the extent of any inconsistency between these Terms and the Australian Consumer Law, the Australian Consumer Law will prevail.
15.6 To the extent permitted by law, Fila does not warrant or represent that its products comply with the laws of any jurisdiction, other than Australia.
16. CHANGE OF MIND RETURNS
16.1 In addition to your rights in relation to faulty products in clause 15, you can return any product:
(a) within 30 days of purchase;
(b) unworn and unused with the original tags still attached; and
(c) in the original packaging, which must be in the original condition, including branded dust bags and shoe boxes (you do not need the clear plastic packaging).
Please note that products sealed for hygiene reasons can only be returned under change of mind return policy if the seal is intact. Occasionally, some products may be excluded from the change of mind return policy. The exclusion will be noted on the product page on our Site.
16.2 To ensure that returns are assessed and processed swiftly, you must follow the instructions set out under “Returns”.
16.3 Following receipt and inspection of your return, we will contact you about next steps. Once we determine that the return is in compliance with clause 16.1, we will, at your request:
(a) refund the price of the product returned; or
(b) exchange the product for another product of equivalent value.
16.4 However, we will not be able to refund any delivery fees that you have paid at purchase to have the product shipped to you. If the return, in our reasonable opinion, is not in compliance with clause 16.1, we will contact you to ship the product back to you.
16.5 Nothing in this clause is intended to exclude any rights in clause 15 or any of your statutory rights as a consumer under Australian Consumer Law.
17. VOUCHERS, GIFT CARDS AND STORE CREDIT
17.1 You may use gift vouchers issued by Fila as payment for certain products on the Site. We may email these vouchers to you. We accept no Liability for errors in the email address provided to us. We assume no Liability for the loss, theft or illegibility of vouchers. In the event of fraud, an attempt at deception or if we reasonably suspect that other illegal activities have occurred in connection with the redemption of vouchers on the Site, we are entitled to close your Account and/or require a different means of payment.
17.2 Conditions for the redemption of vouchers
(a) From time to time we may release vouchers that may be used on the Site. Vouchers can only be redeemed on the Site in accordance with the special terms and conditions stated on them.
(b) Vouchers are valid for 3 years from date of issue. Certain products may be excluded from voucher promotions.
(c) Vouchers cannot be redeemed for cash. If you place an Order for a product less than the value of a voucher, no refund or residual credit will be returned to you. If the credit of a voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer). Please note that only one voucher can be used per Order.
(d) Vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple products are purchased using a voucher, and one or more products are returned, the discount is applied on a pro rata basis to each product for the purpose of establishing refund values.
(e) If an Order made using a voucher is cancelled or returned, the portion of the Order attributable to the voucher will be refunded as a store credit voucher only.
18. RIGHT TO CHANGE SITE
We reserve the right, at any time and in our sole discretion, to:
modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site;
charge fees in connection with the use of the Site;
modify and/or waive any fees charged in connection with the Site; and/or
offer opportunities to some or all users of the Site.
Where practicable, we will endeavour to provide you with prior notice of any change to the Site.
To the extent permitted by law, you agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
19. SITE CONTENTS AND LIMITED LICENCE
19.1 Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Fila, and are protected by Australian and international copyright laws. Fila® and other Fila-owned trademarks or logos displayed on the Site are owned by Fila Luxembourg S.a.r.l. and are used under licence.
19.2 The Site and the Contents are intended solely for personal, non-commercial use. You may only download or copy the Contents and other downloadable materials displayed on the Site for your personal use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
19.3 Unless otherwise specified, the Site and the Contents are intended to promote Fila’s products and services available in Australia, New Zealand, Fiji, New Caledonia and Papua New Guinea. The Site is controlled and operated by Fila from its offices in Victoria, Australia.
19.4 The Contents of this Site may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. The Contents of this Site do not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program utilising any product offered on this Site. Fila is not responsible for any medical or health problems that may result from your engaging in any activities described on the Site or from any information you obtain from the Site.
20. COPYRIGHT COMPLAINTS
Fila respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes infringement, we suggest that first you consult your legal advisor, and then please provide Fila’s copyright agent, at the address below, the following written information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the Site;
your full name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Fila’s copyright agent for notice of claims of copyright infringement on the Site can be reached at the following address:
c/- SM Brands Pty Ltd.
PO Box 251
Tullamarine
Victoria, Australia, 3043
Attention: The Directors
Please note that this procedure is exclusively for notifying Fila that your copyrighted material has been infringed.
21. SECURITY RULES
Violations of system or network security may result in civil or criminal Liability. Fila will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
accessing data not intended for you or logging into a Fila server or account, which you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
attempting to interfere or interfering with the operation of the Site, our provision of services to any other visitors to the Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mail bombing” or “crashing” the Site;
forging any TCP/IP packet header or any part of the header information in any email or transmission or posting on the Site; or
any other "Prohibited Use" set out under clause 6 above.
22. USER SUBMISSIONS
22.1 To the extent permitted by law, any and all information (except for personal information), including but not limited to feedback, data, questions, comments, suggestions or ideas that you submit on the Site shall not be deemed confidential, and Fila will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation or Liability. All such submissions shall be deemed the property of Fila