Terms and conditions

Terms of trading

By ordering goods through KODE Sport you understand that you are entering into an enforceable contract with KODE Sports ABN/ACN 70586932058 All transactions conducted with KODE Sports will be subject to the following  terms and conditions:

     Price

  • All prices quoted include GST (unless otherwise stated).
  • All prices shown are Australian Dollars (unless otherwise stated)
  • Any quotations we supply you lapse after 30 days (unless otherwise stated).
  • We reserve the right to change our prices at any time prior to orders being placed.
  • Freight will be charged on all orders (unless otherwise stated).

Orders and Delivery

  • Orders may be placed online at KODE Sports or direct with KODE sports.
  •  If ordering goods on behalf of a club or other incorporated body you warrant that you are authorised to place orders on behalf of that entity and will accept responsibility for payment for any product ordered.
  •  It is your responsibility to ensure that any artwork supplied by you is correct and any custom designs that we generate on your behalf are approved for use.
  •  It is your responsibility to ensure that any colours selected for team wear are correct. We use an approval system in which you will be asked to approve each stage prior to manufacturing.
  •  It is your responsibility to provide contact details with any order and to ensure that we are kept updated with any changes to these details whilst the order is being processed.
  •  We reserve the right to reject any order and will notify you of our acceptance of your order and an expected delivery date within 72
    hours of an order being placed.
  •  We expect to deliver all custom made orders within four weeks from
    the placement of a firm order unless otherwise stated.
  • We expect to deliver all express team wear orders within two to three weeks from the placement of a firm order unless otherwise stated.
  •  We will use all reasonable endeavours to notify you of any expected delays in the supply of your order and will offer you the chance at that time to cancel any order. You may not cancel if we receive your notice after the goods have been produced but where cancellation of the contract is allowed, you can have no further claim against us under that contract.
  • If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay
    (including indirect or consequential loss).
  • We may deliver the goods in instalments. Each instalment is treated as a separate contract.
  •  It is your responsibility to provide a delivery address that enables delivery to be made by our authorised carrier, within normal Monday to Friday business hours and accepted by a person authorised to sign and accept delivery on your behalf.
  •  We may decline to deliver if we believe that it would be unsafe, unlawful or unreasonably difficult to do so or the premises (or the
    access to them) are unsuitable for courier vehicles.
  •  Government Tax agencies may impose import duty and tax on import into their country, and whilst we endeavor to minimize any impact from this, the customer is liable for any taxes incurred. Please contact your local customs office for details of possible import tax implications.
  •  Should it not be possible to make delivery to your premises on that occasion we reserve the right to levy an additional charge reflecting our costs.
  •  You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within 48 hours of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods.

Returns / Product Care and Sizes / Cancellation

  • We will only accept returns of goods that are found to be defective on delivery. You should communicate with us to arrange for inspection or return of these goods.
  • The company will not accept returns of any merchandise that has been custom modified according to your specifications unless the product is deemed defective on delivery.
  • We will not accept responsibility for incorrectly ordered sizes and can provide you with size charts prior to final ordering where required.

APPROVAL SYSTEM

  • We will only accept returns of goods that are found to be defective on delivery. You should communicate with us to arrange for inspection or return of these goods
  • The company will not accept returns of any merchandise that has been custom modified according to your specifications unless the product is deemed defective on delivery.
  • We will not accept responsibility for incorrectly ordered sizes and can provide you with size charts prior to final ordering where required.

APPROVAL SYSTEM

KODE Sports approval process is for the approval of design work, colour, style of gear which must be approved by email prior to manufacturing. KODE Sport also supplies a photo image of the printed product for approval. We do 100% recommend that you buy a
sample if you have not supplied PMS colour codes. If you have approved the artwork/printed sample you are now liable for all errors after the approval process for

a. spelling       b. design        c. colour

*  DIGITAL COLOURS DO NOT LOOK THE SAME COLOUR AS ON PRINTED MATERIAL

Product Care and Sizes

  • All garments we supply are produced to the highest exacting standards.
  •  Always read the garment care label and follow the recommended washing instructions.
  •  All fabric is liable to discolour by staining or perspiration particularly lighter shades. We will not accept any liability for garments, which discolour in this manner.
  • Fabric printed by a sublimation process can re-print if subjected to high temperatures. Furthermore, heated pressing or ironing should not be applied to printed logos, motifs or badges. Please do not iron
    your team wear.
  • We will not accept any liability for garments damaged through incorrect care.
  • Please note that sizes quoted are an approximate size guide only. We offer a 1-2 cm tolerance either side of the garment.

Cancellation

  • You may not cancel the order unless we agree in writing.
  •  If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
  •  We may suspend or cancel the order, by written notice if you fail to pay us any money when due (under the order or otherwise); or you become insolvent or you fail to honour your obligations under these terms.

Privacy

  • We respect the privacy of all persons who visit our site.
  • We will not sell or trade your email address or personal information to any other company and all credit card payments accepted are
    processed through a secure gateway by Paypal or swipe .
  •  If your contact details changes please notify us at fitnessbling@gmail.com

Payment Terms

  • For Express team wear you are to pay us in full by credit card, cash or bank transfer prior to the commencement of any orders being
    produced. Production will not commence until we receive payment and this will delay the delivery of your order.
  • For Custom Made teamwear before an order goes to production, we require 100% payment on signoff of Artwork and Order. Your items will not be started in manufacturing until this is completed.

Payment Options

  • Our PAYPAL account can be used direct with another paypal account as well as safe credit card transactions.
  • Direct Deposit: If paying by Direct Deposit, receipts for payment notification [remittance advise] must be submitted to KODE Sport
    immediately after payment via email. Orders will not be processed until this has been received.
  •  Orders will not be dispatched until funds are cleared.
  • NOTE: Any delays in payments may slow production and the dispatch
    of your order

Warranties

  • We warrant that the goods comply with their description on our order confirmation form; and are free from material defect at the time of delivery.
  • We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the
    goods or their fitness for any purpose.
  •  If you believe that we have delivered goods that are defective in materials or workmanship, you must, inform us (in writing), with full
    details, as soon as possible; and allow us to investigate (we may need access to your premises and product samples).
  • If the goods are found to be defective in material or workmanship (following our investigations), we will (at our option) repair the goods, replace the goods or refund the price.
  • We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent.
  •  For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.

Force Majeure

If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond  our control, we may cancel or suspend any of our obligations to you, without liability. Examples of these circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport courier delays, strikes and other industrial disputes and difficulty in obtaining supplies.

General

  • Australian law is applicable to any contract made under these terms.
  •  If any of these terms are unenforceable as drafted it will not affect the enforceability of any other of these terms and if it would be
    enforceable if amended, it will be treated as so amended. The only statements upon which you may rely in making the contract
    with us, are these made in writing by someone who is our authorised representative and either contained in our estimate (or any covering letter) and not withdrawn before the contract is made or which expressly state that you may rely on them when entering into the contract.
  • Nothing in these terms affects or limits our liability for fraudulent
    misrepresentation.

Terms of use Access to and use of this site KODE Sport is subject to the following.

terms by using KODE Sport you agree to be legally bound by these terms which shall take effect immediately on your first use of KODE Sport. If you do not agree to be legally bound by all the following terns please don not access and/or use KODE Sport services. KODE Sports may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by KODE Sports. Your continued use of KODE Sports after changes are posted means you agree to be legally bound by
these terms as updated and or amended.

use of kode sport services

  • You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use KODE Sport content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any KODE Sport content except for your own personal, non-commercial use. Any other use of KODE SPORTS content requires the prior written permission of KODE SPORTS.
  • You agree to use KODE Sport only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of KODE Sports. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue. This includes KODE sports facebook business page.
  • The names, images and logos identifying KODE Sport or third parties and their products and services are subject to copyright, design rights and trademarks of KODE Sports and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of KODE Sports or any other third party.

Disclaimers and Limitation of Liability

  • KODE Sports content, including the information, names, images, pictures, logos and icons regarding or relating to KODE Sport its
    products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any
    representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  • Under no circumstances will KODE Sport be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):
    a. loss of data;
    b. loss of revenue or anticipated profits;
    c. loss of business;
    d. loss of opportunity;
    e. loss of goodwill or injury to reputation;
    f. losses suffered by third parties; or
    g. Any indirect, consequential, special or exemplary damages arising from the use of KODE Sport regardless of the form of action.
  •  KODE Sport does not warrant that functions contained in KODE Sport content will be uninterrupted or error free, that defects will be corrected, or that KODE Sport or the server that makes it available are free of viruses or bugs.

COPYRIGHT

All design and artwork remains the property of Kode Sport.
Any artwork created at Kode Sport can only be reproduced/manufactured by KODE Sport.
Intellectual property and licensing remains the property of KODE Sport and may not be replicated by another manufacturer or designer.
Artwork is not for sale as this will then effect designs we have done for previous clients. Although no artwork is the same we do use some sections of pattern artwork from our pattern library.
For more information about graphic design copyright go to
http://www.copyright.org.au/acc_prod/ACC/Information_Sheets/Graphic_Designers___Copyright.aspx
Any artwork sent to KODE Sport will not be used on any other clients. This remains the property of the client who has sent through the design. We do own the patterns outside any artwork supplied.

General

  • If there is any conflict between these terms and specific terms appearing elsewhere on KODE Sport/ www.kodesport.com.au (including local house rules) then the latter shall prevail.
  • If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These terms shall be governed by and interpreted in accordance with the laws of the Commonwealth of Australia in the state of Queensland.