Terms of Service

OVERVIEW

This website is operated by Move Athletica. Throughout the site, the terms “we”, “us” and “our” refer to Move Athletica. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.moveathletica.com.au’s rights and obligations to each other.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ONLINE ORDERS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

All orders are subject to acceptance and availability. Move Athletica reserves the right to cancel orders at any time. Items in your shopping basket are not reserved and may be purchased by other customers before the check-out process is complete.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

WEBSITE INVENTORY

The quantity in stock displayed online does not take into account orders which may be pending and waiting to be processed. It is possible that an order placed prior to your own will receive the stock allocation that may have been displayed at the time of you placed your order. Inventory discrepancy can affect the accuracy of the stock status displayed at www.moveathletica.com.au, and are likely to occur from time to time, however we do endeavour to assure correct inventory at all times.

COLOURS

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. Colours depicted should be used as a guide only.

PRICING

All prices listed on our website are in Australian Dollars (AUD) and are inclusive of Australian Goods and Services Tax (GST). International customers will be charged at the current exchange rate of PayPal or Afterpay and we hold no responsibility for any exchange rates and fees you may be charged by either PayPal, Afterpay or your financial institution. We also hold no responsibility for any import or customs fees you may be charged.

 

Gift Cards

All Gift Cards purchased in store from any Move Athletica boutique can only be redeemed in store and are not valid for online purchases.  Gift cards are valid for 3 years from purchase date and are not redeemable for cash or credit.  

Your Gift Card is just like cash, and you are responsible for the safe keeping of it at all times. If your card is lost or stolen, unfortunately we are unable to replace or refund it.

 

PROMOTIONAL CODES

At times Move Athletica will use promotional codes to offer special discounts and offers online. These offers are only offered online and are valid within the period specified.

Only one coupon code per order allowed. Discount codes cannot be used in conjunction with other promotional and discount codes. Promotional codes are strictly non-transferable.

DELIVERY OF PHYSICAL GOODS

Move Athletica uses Australia Post Regular Mail Satchels to deliver physical goods.

Move Athletica is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post. 

Returns

In the interest of our customers, Move Athletica is happy to exchange all orders strictly within 10 days of  dispatch. We do not offer refunds, but will happily provide a credit note*

CONDITIONS OF RETURNS:

  1. Items must be returned within 10 days of receiving your order
  2. All original tags must remain attached
  3. Item(s) must be unworn, and returned in original condition
  4. Return must include original invoice, Return email confirmation with R.A  Number obtained from us

*Sale items are final and cannot be returned for a refund or exchange, other than in the event of them being faulty.  SALE items include: flash sales, one off sales, boxing day sales or any time an item is sold under the RRP price (so it being marked down) etc, or purchases made using a discount voucher / code. 

We recommend choosing carefully to avoid disappointment, so please get in touch at info@moveathletica.com.au if you have any questions regarding sizing.

Any items returned outside the 10 day return period, or in a condition that indicates being worn or washed in any way, including make-up marks, will not be accepted for return. 

All returns/exchanges/refunds are subject to quality inspection by Move Athletica management and final decisions are made at their discretion.

HOW TO RETURN:

Please don’t send anything back until you have made contact with us and received your return confirmation email.

  1. Contact our the Move Athletica Team via info@moveathletica.com.au to obtain an R.A Number. Quote your name, order number and item(s) you wish to return, reason for return.
  2. Print out the return confirmation email we send you
  3. Post your return back to:

Move Athletica – Online Returns.
55C Hitchcock Avenue
Barwon Heads Vic 3227
AUSTRALIA

Once received, we will process your credit note within 2 business days.  Please note that Move Athletica does not offer direct exchanges and you will need to purchase a new item with the credit note provided. Original postage is NON Refundable. 

Please ensure you post back your return using a traceable service and we highly recommend using registered mail as Move Athletica cannot be held liable for any lost packages. It is very important to hold on to your tracking number to make sure the return package has arrived to us safely!  Move Athletica does not cover any postage costs associated with domestic or international returns, all costs associated with returning items to us are at the responsibility of the customer.

No refunds are issued unless items are deemed to have a manufacturing fault as in accordance with Consumer Affairs Victoria. Please note that items which have been damaged as a result of ‘wear and tear’ are not considered to be faulty. In accordance with Consumer Affairs, where possible, we will offer to repair faulty items. 

ORDER CANCELLATIONS OR AMENDMENTS

Amendments to orders can be made by contacting Move Athletica via email info@moveathletica.com.au. If an order has already been dispatched, then postage costs will apply. Orders may be cancelled in the instance where the order has not yet reached the packing stage. Please notify us immediately by email (as above) or call 03 52421165

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

YOUR PRIVACY

Your submission of personal information through the our website and online store is governed by our Privacy Policy. Please view our Privacy Policy which complies with the Australian Privacy Act 1988 and represents the industry’s best practice.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Move Athletica and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.moveathletica.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

IN STORE LOYALTY PROGRAM TERMS & CONDITIONS

DEFINITIONS

“Effective Date” means 1st April 2019;

“Member” means individuals who sign up to the Move Athletica Loyalty Program.

“Member Emails” means emails that are sent from Move Athletica to a Member including emails about the individual’s membership, the Move Athletica Loyalty Program, special offers, discounts, competitions and events.

“Member Terms and Conditions” means these terms and conditions as amended from time to time.

“Move Athletica Loyalty Program” means the loyalty program operated by Move Athletica providing Members with access to Rewards in accordance with these Member Terms and Conditions.

“Rewards” means rewards or other benefits given to Members as a consequence of purchasing behaviours, incentives and/or promotions.

“Technical Issues” means the technical malfunction of any telephone network, connection or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site or intranet site.

“Tier Rewards” means  Member’s will earn rewards based on a tiered order value.

“Valid Purchases” means all purchases except gift cards and delivery costs and selected merchandise which Move Athletica determines will not be eligible to earn Rewards.  Any purchases which are returned will not constitute Valid Purchases.

“Website” refers to the Move Athletica website moveathletica.com.au where details of the Move Athletica Loyalty Program (including the most up to date Terms and Conditions) can be found.

 

GENERAL

  1. The Move Athletica Member Loyalty Program Terms and Conditions, the use of the Loyalty Card, and any promotional activity and loyalty transactions that arise as a consequence of the Move Athletica Loyalty Program.
  2. Individuals who join the Move Athletica Loyalty Program agree to be bound by these Member Terms and Conditions.
  3. The Member Terms and Conditions may be modified at any time without prior notification by Move Athletica in its absolute discretion. Any modification to the Member Terms and Conditions may be applied to a Member retrospectively.
  4. Move Athletica will not accept any liability for any Member Email that is misdirected, lost or not received.
  5. Move Athletica may collect personal information from Members for the purpose of facilitating the Move Athletica Loyalty Program. Personal information will be handled in accordance with Move Athletica’s Privacy Policy
  6. Move Athletica reserves the right to cancel, terminate, modify or suspend the Move Athletica Loyalty Program or any aspect of it or at its election, to payout any Rewards, reset Spend Balances, at any time and without notice. Without limitation to the foregoing rights, Move Athletica reserved the right to transfer Members to such other loyalty program owned, operated, managed or administered by Move Athletica.
  7. Move Athletica may, at any time and in its absolute discretion, require a Member to provide to Move Athletica proof of identification for Move Athletica to verify the authenticity of a Member’s membership and compliance with the Member Terms and Conditions. Failure to provide proof of identification may result in termination of a Member’s involvement in the Move Athletica Loyalty Program.  
  8. Rewards cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments, including (but not limited to) gift vouchers, gift cards, cheques and credit notes. Rewards do not represent legal tender in any country.
  9. When a Member returns a purchase in-store or via post, the net amount of the transaction will be deducted from the Member’s Spend Balance and Tier Spend Balance and the Reward that was previously awarded will be adjusted or reversed.
  10. The currency in which Rewards are earned will be in AUD
  11. Move Athletica will endeavour to notify the Member via email when the Member is entitled to a Reward or changes to a different tier in the Move Athletica Loyalty Program. If a member unsubscribes from Move Athletica Emails they will not have access to notification emails on rewards earned or balances.
  12. Move Athletica will not be liable for any tax liability incurred by a Member in connection with the Move Athletica Loyalty Program, including that incurred in the provision and/or utilisation of Rewards.
  13. These Member Terms and Conditions are to be read in conjunction with any additional conditions associated with Rewards, including without limitation with the Website Terms and Conditions and other relevant Move Athletica policies and or terms and conditions.
  14. Move Athletica’s decision in relation to all matters arising in relation to the Move Athletica Loyalty Program is final and binding.

MEMBERSHIP

  1. Membership of the Move Athletica Loyalty Program is open to individuals who are 18 years or older with a unique email address.
  2. An individual becomes a Member as at the Join Date.
  3. An individual is deemed to be a Member when they sign up in store by providing their personal details and receive a Move Athletica Loyalty Card
  4. When joining in-store, a sales consultant will record the individual’s full name, postal address, postcode, contact number and email address in the POS at the register. Other details may be optionally recorded. It is the Member’s responsibility to update their Member Profile if any details change.  If a Member has not provided or updated Move Athletica with correct details, Move Athletica may not be able to contact the Member about their membership, Rewards, special offers or entry to competitions.
  5. Upon joining the Move Athletica Loyalty Program, a Member will be provided a Move Athletica Loyalty Program Card which is to be used when shopping in store for reward points to be allocated to each transaction
  6. At any time, Members may only have one account to the Move Athletica Loyalty Program and one corresponding Move Athletica Loyalty Card. Members may not transfer their account or Rewards to another person.
  7. Move Athletica reserves the right to modify, refuse or terminate a Member’s account to the Move Athletica Loyalty Program without notice or reason and at its absolute discretion.
  8. A Member may end their membership at any time by contacting Move Athletica team by email to info@moveathletica.com.au.
  9. By joining the Move Athletica Loyalty Program, an individual consents to Move Athletica contacting them to provide them with consumer or marketing information and notifying them of Rewards or other products and special offers.

LOYALTY CARD

  1. Once a Member has completed the application process in store, their Move Athletica Loyalty Card will be issued directly at point of sale.
  2. Members may utilise the benefits of the Move Athletica Loyalty Program without their Move Athletica Loyalty Card by: providing an alternative form of identification displaying the Member’s name and address;
  3. The Move Athletica Loyalty Card remains the property of Move Athletica at all times.
  4. One Move Athletica Loyalty Card will be issued per Member at joining.
  5. A current Move Athletica Loyalty Card, or alternative form of photo identification displaying name and address must be presented by the Member for all transactions in-store including (but not limited to) requests for discounts, recording of purchases, redeeming Rewards or in response to any promotional activity specific to the Move Athletica Loyalty Program.
  6. Only one Move Athletica Loyalty Card can be presented for each transaction.

 

EARNING MOVE ATHLETICA REWARDS

  1. The Move Athletica Loyalty Program operates by attributing different Rewards (as nominated by Move Athletica from time to time) to the various tiers of the Move Athletica Loyalty Program.
  2. Members will receive rewards based on a tiered order value per valid transaction
  3. Rewards are not earned in a transaction where a member is redeeming rewards
  4. Where a Valid Purchase is made in store, Rewards will be accrued and calculated each day at 6 pm EST. This is also the day of issue
  5. Members will receive an email notifying them of the accrued rewards approximately 48 hours after the Valid Purchase is made.
  6. All members rewards expire 30 days after issue

 

REWARD TIERS

  1. All members rewards expire 30 days after the date of issue
  2. Members will earn rewards based on the following tiers in one transaction.
    • $10 Reward when they spend $120
    • $30 Reward when they spend $300
    • $60 Reward when they spend $500

REDEMPTION OF REWARDS

  1. Rewards can only be redeemed at Move Athletica stores in Australia..
  2. When redeeming any applicable Reward, the Reward will be applied to the total order.
  3. Rewards cannot be redeemed in conjunction with any other offer unless otherwise indicated.
  4. Rewards cannot be redeemed against purchases of gift vouchers or postage.
  5. All Rewards have an expiry date of 30 days after the date of issue at which point they will no longer be available for redemption. Move Athletica reserves the right to change the expiry date of any Reward at any time without notice.
  6. Move Athletica will not be held responsible or liable if Rewards are not able to be redeemed for whatever reason but specifically, in the case of a Technical Issue including without limitation the failure of software or hardware or an EFTPOS malfunction.
  7. Rewards can only be redeemed once.
  8. Move Athletica reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed by using Rewards.
  9. Returns: If a customer wishes to return a purchase for reasons other than that the goods are faulty or misdescribed:
    1. any Reward redeemed or utilised during the purchase will be forfeited;

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@moveathletica.com.au