1. By using the primeonline.com.au website (the “Website”) you signify your agreement to be bound by these terms and conditions (the “Agreement”). Please read this Agreement carefully before using the Website.
2. This Agreement is formed between you (the Website user, referred to as you and your) and Prime Athletic Pty Ltd (referred to as we, us and our).
3. If you do not agree to any terms and conditions of this Agreement you must not use the Website.
4. We may change the terms and conditions of this Agreement at any time or from time to time and you agree to be bound by the changes by continuing to use the Website. You should regularly check this Agreement to make sure you are familiar with the most current version.
5. In this Agreement the words “product” and “item” are used interchangeably and include both singular and plural tenses.
You represent and warrant that:
a) You are at least 18 years of age; and
b) You are legally entitled to enter into a legally binding agreement with us.
USE OF THE WEBSITE
1. You agree that your use of the Website will be and is in accordance with this Agreement, and any applicable law or regulation.
2. You must not engage in any activity that interferes with or disrupts the Website, its servers or networks that host the Website, or interferes with security-related features of the Website.
3. You must not copy, use or distribute content from the Website except as permitted by this Agreement, by law or with our prior written consent.
4. You understand and agree that any abusive, fraudulent or illegal activity may be actionable by us, including but not limited to civil or criminal prosecution and/ or referral to the appropriate law enforcement authorities.
5. You are solely responsible for the activity that occurs on your account (including orders placed using your account). You agree to keep your account password secure and you acknowledge that we are not responsible for any unauthorised activity on your account if you fail to keep your login information secure.
6. You must not use another user’s account without our and the other user’s express permission.
7. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure you must notify us immediately and take immediate steps to change your password on the Website.
8. We may at any time terminate your account for abuse of the Website.
1. Information on the Website concerning products, fit, size charts, care and content information, product origin and delivery (among other information) is based on material provided by our suppliers, manufacturers and third party providers. You understand that while we make every effort to ensure the accuracy of this information we cannot be held responsible for any inaccuracies or errors that are the result of incorrect information supplied to us, or due to our suppliers changing product specifications without notice to us.
2. Due to variations in individual screen calibrations you understand that product delivered may vary slightly in colour from product seen on screen.
1. Except where we are not permitted to by law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website or use thereof. This includes but is not limited to:
a) any loss or damage that may occur as a result of errors or inaccuracies on the Website;
b) your reliance or non-reliance on any information contained on or referred to on the Website or any linked Website;
c) any unauthorised access to or use of our secure servers and/ or personal or financial information stored on the servers;
d) any bugs, viruses, Trojan horses or harmful code which may be transmitted to or through our Website by any third party.
2. We do not warrant, guarantee or assume responsibility for any product or service displayed on or connected with the Website.
3. Where any law provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to the extent provided by law.
ORDERS & FULFILMENT
1. Products displayed on the Website are an invitation to treat only. When you place an order on the Website to purchase a product or products at the specified price it is an offer to purchase under the terms and conditions of this Agreement.
2. Products placed in your cart are not reserved for you until the purchase process is completed. Orders are only confirmed once full payment has been received.
2a. For International orders placed using some credit cards we may be required by our payment gateway to verify the authenticity of the card holder. Where this is the case, we may refund a nominal amount onto the payment card which you will need to confirm. Any such orders are confirmed and dispatched once this process is complete. This may result in a short delay in dispatch of your goods, however this process only needs to occur once against the same credit card and every effort is made on our end to ensure speedy delivery. This process is not required for PayPal payments.
3. You must review your order carefully before placing it. Orders cannot be cancelled by you once confirmed.
4. We may cancel confirmed orders in the event that the product ordered cannot be fulfilled for any reason. If this occurs we will fully refund any payments made in connection with the product/s. Except as required by law, we will not be liable to you for any loss arising from the cancellation or nonfulfillment of your order.
5. Subject to this Agreement, we will dispatch the products shown on your order confirmation. Our best endeavours will be used to ensure stated delivery timeframes are met however many factors beyond our control can affect stated timeframes and therefore we cannot guarantee that orders will be delivered within these timeframes.
6. Occasionally we need to remove a product's tags for the purpose of online imagery and photo-shoots. Tags are reattached when possible, however there are certain instances where this is not possible. This does not affect the product or its authenticity in any way and detached tags will be supplied when possible.
7. All items available for purchase on our website are also available for purchase at our physical retail stores. Therefore, it is possible that products have been previously tried on by customers for size, fit and style purposes. This does not mean that our products have been worn for an extended period of time, but simply tried on.
1. Please ensure the shipping address entered is correct as we are unable to redirect orders once they have left our control.
2. Purchases are not dispatched until your billing details are confirmed with your card issuer. We are not responsible for delays caused by your bank but will ship your order expeditiously after confirmation.
3. For Australian shipping addresses selected, items are sent via Australia Post Parcel Post and can be expected around 3-5 days from dispatch. For international addresses items are sent via Australia Post and can be expected around 10-14 days from dispatch. Tracking information for all orders are emailed to you upon dispatch.
4. International purchases may incur duties and taxes upon arrival in the destination country. Any such local duties / taxes owing on the delivery are the responsibility of the customer. Please familiarise yourself with the rules of the destination country regarding any such duties or taxes.
PRICE, PAYMENT & USE OF DISCOUNT CODES
1. All prices on the Website are in Australian dollars and include GST where applicable.
2. Prices are subject to change but no price adjustments will be made on confirmed orders whether or not dispatch has occurred.
3. Payment in full is required before goods will be dispatched. If payment is declined by your bank or credit card issuer we cannot hold the products in your order or guarantee their availability should you try to order the product/s again.
4. From time to time the Website may offer various discount codes. Only one discount code may be used per order. Items purchased using a discount code are considered final sale.
5. All items marked down on sale or discounted during seasonal clearances are sold on a Final Sale basis and are not returnable.
TITLE & RISK
Ownership of all products ordered from the Website is retained by us until payment is received in full, including for delivery or other charges.
Risk in the products ordered passes to you on delivery.
To view our returns procedure should you wish to receive a refund on any eligible item purchased head to our Returns page.