Customer Service

Returns Policy

1.1 As a consumer, you may cancel your contract in relation to Products purchased on the Website, without any penalty, by contacting CustomerServiceAUS@bally.ch or call 1800 78 1851. You can submit your return request via email by using this Model withdrawal form. If you use the Model withdrawal form we will e-mail you to confirm we have received your cancellation. You have fourteen (14) days from delivery of the Products to submit your returns request.

1.2 Only return shipments using our approved courier will be free of charge and at Bally's cost and liability.

1.3 Should you decide to use a courier other than the Bally approved courier, you will bear all associated costs and liability. Any costs or expenses incurred by you in the return of Products are not refundable.

1.4 You shall return the Products within 7 (seven) working days from the date you receive the return authorisation number from Bally.

1.5 You shall return the Products by packaging the relevant Product(s) securely. You shall return the Product(s) in the same condition in which you received them and they shall be returned in their original packaging; moreover, the Products shall not have been washed or damaged and the relevant identification tag(s) shall still be attached to the Products with the disposable seal. Please note that Bally will review the returned Product(s) via quality control. If the Product(s), are received in perfect condition, new and with all tags and labels attached, Bally will approve the return and reimburse the price originally paid. If the recipient of the Product(s) indicated in the order form is different from the individual who made the payment for such Product(s), the amount paid for returned items shall be refunded to the individual who made the payment.

1.6 If any of the labelling or tags are missing, do not comply with these General terms and Conditions of Sale or Bally has any reason to believe that the Products have been altered, used or are imitation of the Products or were not purchased directly through this Website, Bally will not accept the return and will return the Product(s) back to you.

1.7 Should Bally accept the return, we shall refund the price of the Product(s). Bally will refund to the card/payment method you originally used to pay for the Products, within fourteen (14) days from the date on which you give notice of your withdrawal, unless possible delays of a technical nature occur that are not attributable to Bally. Should you decide to use a courier other than the Bally approved courier, we may withhold the reimbursement until we have received the Product(s) back, or until you have supplied evidence of having sent back the Product(s), whichever is the earliest.

1.8 You may also return the Products to stores owned or directly operated by Bally within the same country of delivery. This returns policy does not apply to purchases bought in franchising shops, outlets, retail stores, department stores, duty free shops or any other website.

1.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with our contract with you. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in these T&Cs. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

Terms and Conditions of Use

Welcome to our web site (www.bally.com.au, the "Website"). These General Terms and Conditions of Use (the "Terms") govern the access to and use of the Website. Please read these Terms carefully. By accessing and using the Website as well as by purchasing the products on the Website, you agree to be bound by these Terms. If you do not agree to all or part of these Terms, we invite you not to use our Website. This website is managed and maintained by Bally Australia Pty Ltd., with registered office in Sydney. Suite 1, Level 4, 99 Elizabeth Street, Sydney, NSW 2000, Australia.

For any other legal information, go to the sections: General Terms and Conditions of Sale, Return Policy, Warranty Policy and Privacy Policy of the Website. Bally may amend or simply update all or part of these General Terms and Conditions of Use. Any amendment or update of the General Terms and Conditions of Use shall be posted for our users on the Home Page of the Website as soon as such amendments or updates have been made and shall be binding as soon as you access the Website after they are amended. If you do not agree to all or part of the Website's General Terms and Conditions of Use, please do not use our web site.

The access to and use of the Website, including display of web pages, communication with Bally, downloading product information and making purchases on the web site, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of the Website and its contents. Bally shall not be considered liable for any use of the Website and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to Bally's liability for intentional torts and gross negligence or any other liability to the extent that it cannot be excluded at law.

In particular, you will be liable for communicating information or data which is not correct, is false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.

1. Privacy Policy

We recommend that you read the Privacy Policy which also applies in the event that users access the Website and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes www.bally.com.au collects and uses your personal data.

2. Intellectual Property Rights

All content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, "Content"), is the property of Bally and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Bally as the case may be.

Bally shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Bally shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Bally shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

3. Links to Other Web Sites

The Website may contain links to other web sites which are in no way connected to the Website or Bally. Bally does not control or monitor such third party web sites or their contents. Bally shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those web sites. Please, pay attention when you access these web sites through the links provided on the Website and carefully read their terms and conditions of use and their privacy policies. Our General Terms and Conditions of Use and Privacy Policy do not apply to the web sites of third parties. the Website provides links to other web sites exclusively to help its users in searching and surfing the Internet and to allow links to web sites on the Internet. When Bally provides links to other web sites, Bally does not recommend that to its users access these web sites and it does not provide any guarantees to their web content or to services and products supplied and sold by these web sites to Internet users.

After you submit a Submission (as defined below) on Instagram or Twitter, you will have the chance to have your photographs, video, etc. appear on the dedicated area of the Website. Bally reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Website. You acknowledge and agree that Bally has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Website.

Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us by using the #BallySelfeet hashtag in a post on Instagram tagging @Bally_Swiss or using the #ShoeTip in a Tweet on Twitter, tagging @Bally_Swiss (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, Instagram, Twitter Inc., and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws. You acknowledge that Bally is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.

When you make a Submission using the #BallySelfeet in a post on Instagram or the #ShoeTip in a Tweet on Twitter, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Bally without restriction. You represent and warrant that your provision of Submissions complies with all applicable laws, rules and regulations, Instagram's Terms of Use, Twitter's Terms of Service and any third party agreements to which you are subject. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission.

4. Links to the Website and Affiliate Partners

Please, contact Bally at the following e-mail address: eCommerce@bally.ch if you are interested in linking the Home page of the Website and other web pages which can be publicly accessible or if you wish to join our Affiliate Programme

5. Disclaimers on Content

Bally has adopted measures to ensure that the content of the Website is accurate and does not contain any incorrect or out-of-date information. However, Bally cannot be held liable for the accuracy and completeness of the content, except for its liability for tort, gross negligence, fraud or fraudulent misrepresentation, death or personal injury caused by its negligence and any other liability to the extent that it cannot be excluded at law.

Moreover, Bally cannot guarantee that the Website will operate continuously, without any interruptions and errors due to the connection to the Internet.

6. Governing Law

These General Terms and Conditions of Use are governed by Australian law.

Terms and Conditions of Sale

These General Terms and Conditions of Sale ("T&Cs") govern the offer and sale (together with the documents referred to below including the Privacy Policy and General Terms and Conditions of Use) of products marked with the "Bally" trademark ("Products") on the website www.bally.com.au (the "Website").

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").

For any other legal information, please go to the following sections of the Website: Privacy Policy, Returns Policy and the Warranty Policy.

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.

2.9 By submitting an order form, you unconditionally accept and undertake to comply with these T&Cs as well as further conditions contained on the Website (including the Privacy Policy , Return Policy and the Warranty Policy).

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. WARRANTY

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.

9. PRIVACY

9.1 You will find information on how we process your personal data and on the security systems of the Website by clicking on Privacy Policy. We recommend that you read this carefully.

10. ASSIGNMENT

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

Email: CustomerServiceAUS@bally.ch

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. SEVERANCE

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 1^st July 2014.

Privacy Policy

This policy applies to Bally Australia Pty Ltd ACN 000 951 431, and each of its related bodies corporate as defined in the Corporations Act 2001 (Cth), collectively referred to as “we”, “us”, or “the Bally Group”. Bally Australia Pty Ltd is the Data Controller for the purposes of this policy. This policy describes the way we collect, hold, process, disclose, and protect your personal data. For further information, or to request a copy of this policy in a different format, please contact us using the details provided in section 3 below.

“You” in this Privacy Policy means you as an individual.

“Personal data” means any information that is reasonably capable of identifying you.

1. WHAT INFORMATION IS COLLECTED?

We will primarily collect personal information directly from you, or from your authorised representatives. We may also collect personal information from third parties such as information or service providers, other organisations with whom you have dealings, credit reporting agencies, publicly available records, regulatory authorities, your employer, government agencies, or recruitment agencies.

The types of personal information that we collect and hold is influenced by the nature of our dealings with you. For example, we may collect current and historical personal information including your name, gender, contact details, identification, financial information like credit card and/or bank account numbers, organisation, employment, positions held and enquiry/complaint details. We may also collect personal information about your other dealings with us and our clients, including any contact we have with you by telephone, email or online.

We may collect personal data directly from you, for example, if you:
a) voluntarily decide to interact with the features of our website (www.bally.com.au, “the Website”);
b) request or purchase our goods or services, either online or otherwise;
c) access reserved sections within the Website;
d) ask to receive newsletter and/or commercial and promotional information;
e) request e-commerce services offered through the Website;
f) attend one of our stores in person;
g) attend our corporate offices, or an event hosted or sponsored by us;
h) apply for or register your interest in employment with us

We may also collect personal data from you indirectly, through the use of cookies or by otherwise tracking your use of certain pages of the Website. The acquisition of this data is automatic and necessary to permit the Website to run properly. We collect this data for statistical purposes, and to monitor and enhance the functioning of the Website. To the greatest extent possible, this data is anonymous.

While we do not seek to collect any sensitive personal data, some of the personal data we collect, for example, in the recruitment context outlined above, may be sensitive data. Sensitive data includes racial or ethnic origin, criminal record, court records, medical records, disability status or health information. We will only collect sensitive data about you with your consent or when permissible under Australian law, and will only use this information for a legitimate purpose where it is reasonably necessary.

If we receive unsolicited personal information, we will handle such information in accordance with the law, including by destroying or de-identifying such information as required by law.

2.HOW WILL PERSONAL DATA BE USED?

We may process and use personal data for the following purposes:
a) to fulfil legal and/or fiscal obligations;
b) to administer, monitor and manage the Website;
c) to fulfill your request to register to the Website;
d) to provide e-commerce services offered through the Website;
e) to provide information, products and services to you at your request;
f) to conduct market research and statistical processing;
g) to send direct marketing emails;
h) to process inquiries and complaints; and
i) to process your job application.

In addition, exclusively where you give your specific, informed and unambiguous consent, we may also process your personal data for: a) the purposes of defining individual or group profiles (user profiling), for example in order to tailor the content you see on the Website to your specific needs; and/or for b) marketing purposes, notably to send you, also through newsletters, emails or text messages, information and updates on our products or initiatives, offers, exclusive sales, promotional campaigns and on the events, show and similar events we organize or we take part in, including invitations to such events.

3. DO YOU NEED TO GIVE US YOUR DATA?

Subject to the data collected by our cookies (see section 1 above), you are not required to provide us with any personal data.

However, providing personal data is necessary if you wish to register for the Website, subscribe to our newsletters, purchase products and/or have access to other services and features provided by us.

The provision of your personal data for profiling and marketing purposes is always voluntary and optional. If you do not consent to the processing of your personal data for profiling and marketing purposes you will still have access to some services and features on the Website. If you wish to register for the Website, to gain access to the premium Website features and enable us to send you exclusive information and updates, special offers, sales, promotional campaigns, including invitations to events, tailored to your preferences, then your consent to the processing of your data for profiling and marketing purposes is required.

If you do not consent the processing of your personal data for the purpose of profiling and marketing, you will still be able to use the Website and purchase goods through the Website as a guest user.

In any case, you can withdraw your consent or object to the processing of your personal data for the purpose of profiling and marketing at any time.

With respect to the purpose described under previous letter a), the legal basis for the processing is the compliance with a legal obligation to which the Data Controller is subject; therefore, your consent is not necessary to allow the processing.

The legal basis for the processing described under letters b) to e) is the satisfaction of a request formulated by you through the Website. For the pursuit of such purposes your consent is not necessary.

With respect to the purpose described under previous letter g), the legal basis for the processing is the legitimate interest of the Data Controller. In any case, you will always have the right to object to the processing of your personal data for the purpose of direct marketing using the “unsubscribe” link.

4. HOW CAN I ACCESS, CHANGE OR ERASE MY PERSONAL DATA?

At any time, you are entitled to request access to all your personal data collected by us, request that such data be supplemented, updated, rectified or erased, as well as to object to the processing and to lodge a complaint before the competent supervisory authority.

If you want to exercise the above rights, want further information about how we process data, or if you believe that we have breached our obligations under the Privacy Act 1988 (Cth), or have any complaint regarding the treatment of your personal data by us, please contact the Data Controller by:

Telephone: 1800 78 1851
Email: privacy@bally.ch
Post: CustomerServiceAUS@bally.ch

We will make every endeavour to respond to your request as soon as reasonably practicable.

If we have not responded to your complaint within 30 days, you can make a complaint to the Office of the Australian Information Commissioner about the handling of your personal information.

In addition, with specific respect to your right to withdraw the consent given to the use of personal data for the delivery of commercial and promotional material via email, you may also click on the “Unsubscribe” link available in every commercial communication sent by us and/or other companies of the Bally Group.

5. SECURITY

We value the security and confidentiality of the personal data we collect and hold about you. In securing your information, we employ physical, electronic and managerial security procedures including:
a) storage of information in an electronic database, access to which is limited; and
b) Secured offices and data storage.
c) Use of SSL encryption
d) Use of fraud management systems for payment and information security

We will only retain your personal data while it is required for our business functions, or for any other lawful purpose.

6. ARE PERSONAL DATA TRANSFERRED TO ANOTHER COUNTRY AND ARE PERSONAL DATA DISCLOSED TO OTHER ENTITIES?

Your personal data may be transferred to other legal entities within the Bally Group located outside of Australia. Specifically, your personal data may be transferred to Bally Group members in Switzerland for the purposes listed at section 2 above. In those circumstances we will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and that appropriate contractual, technical, and organisational measures are in place to ensure that any third party is committed to protecting your privacy and complying with a law or scheme which has the same or similar effect as the Privacy Act.

Member companies of the Bally Group may process your personal data to send marketing communications, provided that your specific consent for this kind of processing activity is given.

In addition, your personal data may be processed by third parties belonging to the following categories:
a) third parties that provide services for the management of the IT system;
b) third parties that provide legal, accounting and consulting services;
c) law enforcement or regulatory agencies, or other authorized third-parties.

The subjects pertaining to the categories indicated above shall act, in some cases, as autonomous data controllers, in other cases, as data processors specifically appointed by us pursuant to Article 28, GDPR, and pursuant to our obligations under the Privacy Act.

7. HOW LONG ARE PERSONAL DATA RETAINED?

Your personal data will be processed and stored for as long as required for the purposes for which they were collected, and in accordance with the storage periods provided for by the applicable laws, or until you revoke your consent to the processing, if applicable. After such period, your personal data will be automatically and permanently erased or made anonymous.

For example, should you register to the Website, your personal data will be deleted following your departure (i.e., “deregistration” from the Website), as long as no purchase is performed through the Website and no issues regarding the services we have provided to you are pending at the time of your leaving.

As a non registered user of the Website, your personal data processed for the purpose of providing you the services you asked for, will be stored only for the period strictly necessary to fulfill your request.

Should you purchase items through our e-commerce services, the data we collect to satisfy your request will be deleted 10 years after the date of the relevant purchase order, as long as no issues relating to said purchase are outstanding at that time.

Bally destroys personal information, by shredding and disposing of documents, also storing in locked / secured areas within the main office premise.

8. WHO IS THE DATA CONTROLLER AND DATA PROTECTION OFFICER?

For the purposes referred to at the letter b) and d) of the paragraph 2 above, the Data Controller is Bally Australia. Please contact the Data Controller by writing to Bally Australia or sending an e-mail to privacy@bally.ch.

For the other purposes as described in this privacy notice, the Data Controller is Bally Schuhfabriken AG. Please contact the Data Controller or Data Protection Officer (“DPO”) by writing to Bally Schuhfabriken AG, Via Industria 1, 6987 Caslano (Switzerland) or by sending an e-mail to privacy@bally.ch.

The Bally Schuhfabriken AG’s representative in the European Union is Bally Italia s.r.l., with registered office in Viale Don Minzoni, 39, 50129 Firenze Italy, (“Representative”).

Cookie Policy

The website www.bally.com.au (the "Website") uses automatic systems of data collection such as cookies. A cookie is a small piece of data that is used to store information on your computer's browser or program data subfolders when you visit a website, such as the Website.

This page is designed to help you understand more about these technologies and our use of them on the Website.

Cookies are widely used in order to make Website works, or works more efficiently, as well as to provide information to us. Cookies can be disabled or removed by tools that are available in most commercial browsers. The preferences for each browser you use will need to be set separately and different browsers offer different functionality and options.

What cookies does www.bally.com.au use and for what purpose?

Our Website uses various different types of cookies and similar technologies, each of which has a different function as set out below:

Technical or browsing cookies : These cookies enable the Website to function correctly and allow you to view it in your language and for your market from the first time you access it. They will recognise your country so that on any subsequent visits, you are directed straight to the Website. They also allow you to create an account, log in and manage your orders. If you are a registered user, these cookies mean you will be recognised as such when you access the services offered to our registered users. These cookies will recognise if you make a purchase from the Website through an affiliated or partner site so that we can fulfil any obligations we may have to those partner sites. These cookies are necessary for the Website to function.

Functional cookies : These cookies enable the Website to recognise you, following an explicit request from you (for example, if you click on "remember me"), every time you access the Website, so that you don't have to type in your login details each time.

If you have added items to your basket and closed the session without completing your purchase, but have not removed the items from your basket, these cookies enable you to carry on shopping with the same basket the next time you visit the website within a reasonable period of time.

These cookies are not essential for the Website to function, but they improve the Website and the browsing experience.

Analytical cookies : These cookies are used for example by Google Analytics in order to carry out statistical analyses of how users use the Website through their computers or via our mobile applications, such as how many pages a user has visited or the number of mouse clicks made on a page while using the Website. In such events, Bally processes the results of these analyses in an anonymous way and for statistics purposes only, provided that the service supplier uses the cookies in connection with the browser installed on your computer or other device used to browse our Website.

Third-party cookie of marketing/retargeting : These are cookies used by third-party companies that we trust to show you ad banners on other websites affiliated to us featuring the latest Website products you have viewed when browsing. While you are browsing our Website these cookies are also used to show you banners featuring products that maybe of interest you or similar to products you have previously viewed based on your browsing history. The usage of these cookies does not usually imply the processing of personal data but it may create a connection with your computer or other device by tracking the information stored in it: these cookies are then connected to the browser installed on your computer or other device used during the navigation on our Website.

How can user disable cookies?

Most web browsers (Internet Explorer, Firefox, etc.) are configured to automatically accept cookies. However, most web browsers allow some control of most cookies through the browser settings, including the disabling of cookies at any time. We wish to make you aware, however, that disabling technical/browsing cookies or functional cookies may prevent our Website from functioning correctly and/or may not allow you to fully and effectively take advantage of the services we offer.

To find out more about cookies, including how to manage and disable third-party or marketing/retargeting cookies, visit www.youronlinechoices.com.

In order to disable analytical cookies and to opt out of being tracked by Google Analytics across all websites, you can download the Google Analytics Opt Out Browser Add-on: tools.google.com/dlpage/gaoptout.

Warranty Policy

1.1 Bally warrants to the consumer that the Products 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.

1.2 This warranty applies only to Products which are a) manufactured by or for Bally as identified by the "Bally" trademarks, trade name, or logo legally affixed to them and b) purchased by consumers from this Website.

1.3 If a Product has manufacturing defects or in any case of alleged lack of conformity of Products, in order to benefit from his/her rights under this warranty policy the customer must notify the Customer Service on 1800 78 1851, Email: CustomerServiceAUS@bally.ch within a period of two months from the date on which he/she detected such lack of conformity. In any case, the proceedings intended to enforce the lack of conformity not fraudulently hidden by Bally shall in any event expiry after twenty-six months from delivery of the Product(s).

1.4 The Product(s) should be returned to Bally within 15 (fifteen) working days following notification to Bally of the damaged or defective Products.

1.5 Bally will examine all Products returned as damaged or defective and in case of a lack of conformity, will replace the Product, or, if this is not possible, refund the price paid.

1.6 Bally will refund the price and your costs of returning defective Products using the same method originally used by you to pay for the purchase. If the recipient of the Products indicated in the order form is different from the individual who made the payment for such Products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.

1.7 In the event that Bally finds no fault with the returned Products, you will be notified on the above and that the returned Products cannot be accepted and you may elect to have the Products re-delivered to you. If you do not accept re-delivery, Bally reserves the right to retain the Products and the purchase price.

1.8 This warranty does not apply (i) if the Product has been subject to faulty and improper use, repair, alteration and/or modification in any way that is not covered in the documentation for the Product; (ii) to damages caused by failure to follow the instructions covered in the documentation for the Products or other specific instructions from Bally; (iii) if the Product is damaged by misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental conditions or lack of responsible care, (iv) to damages due to any other cause not related to defective design, workmanship and/or materials.

1.9 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described.

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