Terms & Conditions

TERMS & CONDITIONS

Acceptance

The “sportspowerwg.com.au” website ("website") is operated by Sportspower Ballarat and Sportspower Swan Hill known as “Sportspower Weir Group” ABN 66 164 808 780. Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions").

Sportspower Weir Group reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment constitutes your agreement to the amended Terms and Condition.

Capacity

The products 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. By making an on-line purchase, you accept these terms and conditions and acknowledge that you are over the age of eighteen (18) years. 

Orders

Any order placed by you in the manner described on this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on this website at the time you place your order. Sportspower Weir Group 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 or the product description posted on this website, or an error in your order. The rejection of any offer by Sportspower Weir Group is at the sole discretion of Sportspower Weir Group. Your contract with Sportspower Weir Group only comes into existence when Sportspower Weir Group forwards to you confirmation of receipt of your order and payment. 

Further to the above, Specific Performance is excluded until such time as a contract does come into effect. In layman's terms, this means that you cannot force us to sell you the item you have ordered, even if you have an "order confirmation" email, because there is actually no contract in place until such time as we accept it via processing and dispatch of the goods.

Products

Products are described generally on this web site. Sportspower Weir Group advises you to undertake further research into products you intend to purchase, including on the manufacturer’s website, and is not responsible for variations between product description on this site and those of the actual product. Furthermore, many manufacturers badge an identical product with more than one name, and you should be aware that we or the manufacturer may deliver to you the exact item you ordered except that it may have a different name badge than that noted on this web site.

Warranties are manufacturer's warranties. Precise details of warranties are provided in the product documentation which accompanies the product or which is available from the manufacturer prior to purchase. To the extent that this website and the manufacturer's warranty information vary, the manufacturer's information prevails.

Prices

All prices displayed on the website, including but not limited to prices of products and services and delivery and other charges, are quoted in Australian Dollars and are current at the time of issue, but may change at any time without notice and are subject to availability. Any changes to prices displayed on the website are at the sole discretion of Sportspower Weir Group.

Goods and Services ("GST") and Other Taxes

Prices displayed on this website are inclusive of GST applied at the rate of 10%.

Delivery

Please read the Delivery Information contained in the website. The delivery times are indicative only and Sportspower Weir Group will not be liable for any failure to observe these delivery times. Delivery costs are indicative only (and this includes any "free delivery" or "free freight" offer), and may need to be increased for certain distant regional areas.

Any "free delivery" or "free freight" offer will only be honored at the absolute discretion of Sportspower Weir Group, and Sportspower Weir Group is under no obligation to provide free delivery merely because an order has been placed by the customer. Refer again to "orders" above. In the event that a customer is not happy to pay a suggested delivery charge for such an order, the full extent of the remedies available to a customer is the cancellation of the order and the refund of any payments made against that order.

Refunds

The circumstance in which Sportspower Weir Group is obliged to make a Refund (if at all) is detailed in its Refunds Policy. 

Risk and Title

Sportspower Weir Group 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. You should consider whether to obtain any suitable insurance.

Limitation of liability

Sportspower Weir Group 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 Sportspower Weir Group has been advised of the possibility of such damages. 

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 Sportspower Weir Group for any breach of such term, condition or warranty shall be limited, at the option of Sportspower Weir Group, to any one or more of the following:

  if the breach relates to goods:

  1. the replacement of the goods or supply of equivalent goods;
  2. the repair of such goods;
  3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  4. the payment of the cost of having the goods repaired; and

  if the breach relates to services:

  1. the supplying of the services again; or
  2. the payment of the cost of having the services supplied again.

Disclaimer

While the information contained in the website is believed to be accurate and current, it is provided by Sportspower Weir Group in good faith on an "as is" basis. Sportspower Weir Group, its director, 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.

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. 

Links

The website contains links to websites not maintained, controlled or associated with Sportspower Weir Group and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. Sportspower Weir Group will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.

Warranties

Warranties mentioned on our product pages are the warranties offered by the respective manufacturer and/or local distributor (the "Manufacturer"). The terms and conditions of those warranties can be obtained directly from the Manufacturer, and decisions about items covered, inclusions, and all other matters are at the absolute discretion of the Manufacturer.

Copyright

Sportspower Weir Group is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, performed 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 Sportspower Weir Group.

Confidentiality

You should not send any information or material that you consider to be confidential or proprietary, to Sportspower Weir Group or any other person, through this website. Any information or material sent to Sportspower Weir Group at, or through this website, is deemed to be not confidential. You are deemed to grant Sportspower Weir Group an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this website. Sportspower Weir Group is free to use any ideas, concepts, know-how or techniques that you send to Sportspower Weir Group, for any purpose.

Viruses

Sportspower Weir Group 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. Sportspower Weir Group 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 Sportspower Weir Group, it shall be limited to the cost of re-supplying that information. 

Reviews

Some products have "product reviews" listed on their information pages. Reviews are only able to be placed by people who have placed orders for those items on the website. Sportspower Weir Group takes no responsibility for the accuracy or completeness of any such reviews, and these reviews do not reflect the views, opinions or perspectives of Sportspower Weir Group or its suppliers and brand partners.

Sportspower Weir Group reserves the right to edit reviews where the content is seen to be inaccurate, incomplete, or misleading in any way, at the absolute discretion of Sportspower Weir Group. This includes the right of Sportspower Weir Group to choose not to publish any review for any reason whatsoever.

Applicable law

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

Limitations on Use

Sportspower Weir Group may revise or alter these terms and conditions at any time. Revisions and alterations will be posted on this website. Users are responsible for reviewing this website from time to time to ensure compliance. If Sportspower Weir Group makes a request to you to stop using this website or to promptly return or destroy copies of information provided on this website, you must immediately comply with that request, and confirm in writing to Sportspower Weir Group within five (5) business days after that request, that you have done so.