Terms and Conditions of Sale
Please read these T&Cs carefully before ordering any Products on the Website. By ordering any of our Products on the Website, you agree to be bound by these T&Cs.
The Products purchased on the Website are sold by Bally Australia Pty Ltd, trading as Bally, with registered office in Sydney Australia. Suite 1, level 4, 99 Elizabeth Street, Sydney Australia ("Bally" or "we" or "us").
1. OUR BUSINESS POLICY
1.1 Bally offers the Products for sale on its Website, including its e-commerce business services exclusively to its end users i.e. any natural person who is acting for purposes which are outside his/her trade, business or profession (a "consumer"). If you are not a consumer, please do not buy any Product(s) on the Website. We reserve the right not to process orders received from users who are not consumers and any other order which does not comply with our business policy.
1.2 Bally only offers its Products to consumers over the age of 18. If you are under 18 you are strictly prohibited from ordering Products from the Website. Bally reserves the right to cancel any orders from consumers we believe to be under the age of 18.
1.3 We do not sell second-hand Products, flawed Products or Products of lower quality than the corresponding market standards. The main characteristics of Products are shown on the Website and on each Product page. The Products offered for sale on the Website may not exactly correspond to the real Products in terms of image, dimensions and colours depending on your Internet browser or monitor quality.
1.4 Products ordered on this Website may only be shipped to Australia (the "Country"). Please see Section 4 in these T&Cs for more information.
1.5 These T&Cs (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to Products on the Website between the users of the Website and Bally.
2. HOW TO PROCESS AN ORDER
2.1 To place an order you should select the Products you desire to purchase on the Website, select a size, add the items to your shopping bag by clicking on "Add to Shopping Bag". Once you are ready to checkout, click on the shopping bag icon at the top right of the screen which will display all of the Products you have selected to purchase. It is your responsibility to check the items in your shopping bag are the correct style, colour and size before proceeding. Once you are ready to proceed with your order, click on "Secure Checkout" where you will be able to add gifting options and will be asked to select your preferred payment method and delivery option as well as enter personally identifiable information and after having read and accepted these T&Cs, click on the relevant acceptance button. You will be requested to log into your personal account (if you are already registered) or continue through guest check out.
2.2 All orders are subject to acceptance and availability. Please be aware that Products in your Shopping Bag are not reserved and can therefore be purchased by other users until you complete the whole checkout process.
2.3 Your order is an offer to Bally to buy the Product(s) contained within your order and is binding for a period of 15 (fifteen days). An order shall be deemed to have been submitted to Bally when you receive an order receipt email (automatically generated) confirming the content of your order which has been received and is being assessed.
2.4 This order receipt email is a mere acknowledgement that we have received your order, but it does not confirm our acceptance of your offer to buy the Products.
2.5 Your offer shall be deemed as accepted and the relevant contract of sale is effective from the moment Bally dispatches the Product and you receive a confirmation email containing information about the acceptance of your offer, the dispatch time, essential characteristics of the purchased Products, a detailed breakdown of the price paid for each Product and delivery costs and details ("Order Status Update").
2.6 If your order is dispatched in more than one package, you may receive separate email for each package and by means of each separate order we conclude a separate contract of sale for the Product(s) specified in these emails.
2.7 You may access your order form by clicking on the section called "My Account", in "Check Your Order Status".
2.8 Bally reserves the right not to accept your order at its own discretion. In such case, Bally will inform you by email of the cancellation of the order.
2.10 We strongly invite you to print a copy of these T&Cs, the order summary using the print option and save a copy thereof for your own personal use.
3.PRICES AND PAYMENTS
3.1 All prices indicated on each Product page are inclusive of applicable taxes. Prices are subject to change. However, such changes will not impact the price, or the description of the Products which you have already submitted an order for.
3.2 Although we have taken all reasonable care that prices contained in the Website are accurate at the time of publication, a small number of Products in our Website may be mispriced. Prices are confirmed when you will receive your order receipt email outlining the different charges (including delivery).
3.3 You may pay for your order using the payment methods available on the Website such as payments with credit/debit cards and PayPal.
3.4 We take reasonable care to make our Website secure. All credit/debit card transactions on our Website are processed using Cybersource, a secure online payment gateway that encrypts your card details in a secure host environment. We will securely store your credit/debit card details on the Demandware platform. These details will be fully encrypted and only used to process card transactions which you have initiated or to issue refund in case of return or unavailability of the Products or for reporting cases of fraud to the police.
3.5 Should your payment fail to process the order online, please ensure that all your details submitted are correct and retry the transaction. Should the problem persist, please contact your card issuer directly as Bally will be unable to assist you with these types of payment failures.
3.6 Payment will be "reserved" or "frozen" by your card issuer when you attempt to/make a purchase on the Website. The price for the purchase of Products and the corresponding costs for shipping and delivery, as indicated in the order receipt email, will be charged to your chosen payment method only when the purchased Products are actually shipped.
3.7 To ensure that your credit or debit card is not being used without your consent Bally will validate your name, address details and other personal information supplied by you in placing the order through facilities offered by Cybersource Corporation.
3.8 Bally reserves the right to implement any additional and/or other payment security system from time to time.
3.9 Refunds, for whatever cause due, of any payment received by you will take place using the same method of payment you chose during the check-out procedure and cannot be amended after your order has been placed. Bally will not be responsible for any delays beyond its control including delays caused by the method of payment/refund or those incurred by the card issuer.
4. SHIPPING AND DELIVERY
4.1 For specific shipping and delivery details, the information provided in the below section forms an integral part of the Ts&Cs and is hereby incorporated by reference.
4.2 Delivery from this Website is restricted to the Country only.
4.3 Bally are unable to deliver to addresses such as P.O boxes or BFPO. Any orders with these delivery details will be automatically cancelled.
4.4 The Order Status will contain information on the carrier and the associated tracking number(s).
4.5 Currently, the Bally carriers are only able to deliver Monday to Friday (excluding public holidays), during working hours in the Country.
4.6 We will make every effort to deliver the Products by the estimated delivery date indicated in your order form and during your checkout. However, such delivery date is not binding and Bally will not be liable for any delay in delivery.
4.7 In the event that we are unable to deliver the Products to you within 30 days from the conclusion of the contract, you are entitled to terminate the contract and to request the full reimbursement of your order.
4.8 All shipments will require a legible signature of the customer upon delivery.
4.9 Upon delivery, it is your responsibility to ensure that the parcel being signed for is without damage, visible alteration or wet. Any such defects should be reported on the delivery note (when you sign for the delivery).
4.10 Upon full and correct payment, delivery, and signature of the parcel, the Products will become your property and you will become fully responsible for the Products.
4.11 If you order Products from our Website for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
5. RIGHT OF WITHDRAWAL/RETURNS POLICY
5.1 As a consumer, you may cancel your contract in relation to Products purchased on the Website, without any penalty, by either contacting Customer Service on 1800 78 1851, Email: CustomerServiceAUS@bally.ch or you can submit your return request via email by using the Model withdrawal form. You have fourteen (14) days from delivery of the Products to submit your returns request.
5.2 More details of your right of withdrawal, terms and conditions and explanations of how to exercise it are provided in the Confirmation and in the Returns Policy.
6.1 Bally warrants to the consumer that the Products that we deliver from this Website comply with the specifications and are free of material defects and workmanship errors for a period of twelve (12) months from the date of delivery.
6.2 Details of the statutory warranty on consumer goods, terms and conditions and explanations of how to exercise the relevant rights and returning the defective Products are provided in the Warranty Policy.
7. CUSTOMER SERVICE
7.1 Customer Service will be able to assist customers with requests for information, assistance on orders, shipping, refunds and returning Products purchased on the Website. Contact CustomerServiceAUS@bally.ch or call us on 1800 78 1851.
8. LIMITATION OF LIABILITY
8.1 The Products displayed on the Website may not exactly correspond to the real items in terms of image, dimensions and colour depending on your Internet browser and/or your monitor quality.
8.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
8.3 Except for cases of gross negligence and fraud, in no event will Bally and/or its affiliate be liable to the buyer for lost profit or any damages of any nature arising out or related to these T&CS and/or in connection with third party claims raised against the purchaser of the Product.
8.3 If we fail to comply with these T&Cs, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
8.4 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.5 Although we have taken all reasonable care that the information contained within the Website is accurate at the time of publication, no representation or promise (including liability towards third parties), expressed or implied, is made as to its accuracy or completeness or fitness for any purpose by us or our group companies.
8.5 The total amount of Bally's liability in respect of the purchase of Products under these T&Cs is limited to the amount paid by the buyer for the purchase of the Products.
8.6 Liability based on statutory provisions protecting consumers shall remain unaffected.
10.1 Bally may sub-contract the performance of all or any of its obligations under these T&Cs at any time without the consent and may transfer these T&CS (including a transfer resulting from a merger, demerger, division, transfer of a business unit or part of a business unit or the entire business) and/or the purchase contract entered into by and between Bally and the buyer, completely or partially, to third parties (including affiliates of Bally), without your consent , but this will not affect your rights or our obligations under these T&Cs.
10.2 The Customer must not assign or subcontract any right or obligation under these T&Cs without the prior written consent of Bally.
11. FORCE MAJEURE
11.1 In the event of strikes, difficulties or other events due to general or local extraordinary conditions, which would influence the delivery of the Products, Bally shall be authorised to postpone deliveries or to cancel them.
11.2 We will not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond our reasonable control.
12. OUR CONTACT DETAILS
12.1 Our contact details are:
Bally Australia Pty Ltd., Suite 1, Level 4, 99 Elizabeth Street, Sydney, NSW, 20000, Australia.
VAT registration number: GB104711513
13. ENTIRE AGREEMENT, AMENDMENTS AND UPDATES
13.1 These T&Cs supersede and replace all prior general conditions of sale of the Website.
13.2 These T&Cs and all the other policies of the Website may be amended from time to time due to new laws and regulations or other reasons. The new T&Cs and policies shall be effective as of the date of publication on the Website in relation to new orders placed after their publications.
14.1 If any provision of these T&Cs shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these T&Cs which shall remain in full force and effect.
15. GOVERNING LAW AND JURISDICTION
15.1 These T&Cs and the other policies of the Website shall be governed by and interpreted in accordance with the laws of Switzerland. Disputes arising in connection with these terms shall be subject to the non-exclusive jurisdiction of the court of Lugano, without affecting the consumer's right to start a claim before the courts of the place of residence .
These General Terms and Conditions of Sale are subject to updates and amendments from time to time. The version published on the Website is the version currently in force. The purchase of the Products is subject to the General Terms and Conditions of Sale which are placed on the Website at the date of your submission of the order form.
The effective date of these General Terms and Conditions of sale is 1st July 2014.