1.1. This website (the 'Site') is a shopping website where you can browse, select and order Products advertised on the Site from Cricket Australia ACN 006 089 130 ('us' or 'we').
1.2. Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2.1. The information contained in this Site is provided in good faith on an 'as is' basis. We do not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, we are not responsible or liable for any liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site. However, we will endeavour to correct any inaccuracies on the Site once we become aware of them.
2.2. Illustrations and photos contained in this Site are sample representation of the Products advertised, and variations may occur from time to time.
3.1. The Site may contain links to external websites that are not operated by us or our related bodies corporate. We do not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:
3.1.1. we make no representations or warranties, or have any responsibility or liability for those websites;
3.1.2. these links do not indicate, expressly or impliedly, that we endorse the Site or the Products or services that are provided at those Sites; and
3.1.3. you access and use the Products and services made available at those Sites solely at your own risk.
4. Intellectual Property
4.1.1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the 'Materials') are owned by or licensed to us;
4.1.2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material without our prior written consent; and
4.1.3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
4.2. You may:
4.2.1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and materials; and
4.2.2. print hard copies of the content and materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
4.3. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, Product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
5.1. We do not claim that any information (including any files) obtained from or through this Site are free from viruses or other faults or defects.
5.2. You are responsible for scanning any information for viruses.
5.3. You agree that we have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
5.4. If we are found to be liable this will be limited to the cost of supplying the information again.
6. Compliance with these Terms & Conditions
You agree to bound by, and comply with, these terms and conditions by:
6.1. using the Site;
6.2. completing your registration through the Site; and/or
6.3. obtaining or ordering Products from us using the Site.
7. Changes to these Terms & Conditions
7.1. If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order.
7.2. Subject to clause 7.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
8.2. You may not have more than one active account, and your account is non-transferable. You may update or edit your account at any time through the Site.
8.3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
9. Placing an order for products
9.1. You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
9.2. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
9.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
9.4. You agree to provide us with current, complete and accurate details when asked to do so by the Site
10. Acceptance or rejection of an order
10.1. We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the Product description posted on the Site or in your order.
10.2. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
10.3. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
11. Cancelling an order (by Us)
11.1. Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
11.1.1. the requested Products in that order are not available; or
11.1.2. there is an error in the price or the Product description posted on the Site in relation to the relevant Product in that order; or
11.1.3. that order has been placed in breach of these terms and conditions.
11.2. If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
12. Cancelling an order (by You)
12.1 You cannot cancel all or any part of an order after the order has placed and payment has been accepted.
13. Delivey of Products
13.1. Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, this period may be extended by us and we will endeavour to provide you with reasonable notice of that extension.
13.2. Your order will be left in a safe place at your address as determined by our delivery drivers. Please ensure our delivery drivers have safe access to your property. We cannot take responsibility for damaged packages or goods caused by pets once your order has been delivered.
14. Prices, fees & charges
14.1.1. The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, we reserve the right to change prices at any time before we accept an order from you.
14.1.2. All prices shown on this Site are in Australian Dollars (AUD).
14.1.3. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
184.108.40.206. the purchase price of each Product that is ordered;
220.127.116.11. the delivery fee for delivering the Products to you; and
18.104.22.168. any other fees and charges set out in these terms and conditions.
14.1.4. All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
14.2.1. The purchase price of each Product is shown on the Product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our other stores for the same Product.
14.2.2. You acknowledge that we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site or any of our other stores or vice versa.
14.3. Delivery fees
14.3.1. A delivery fee is payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order..
14.3.2. We currently ship orders to Australia and selected countries.
14.3.3. You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
22.214.171.124. special, non-stock and/or bespoke items;
126.96.36.199. heavy, bulky and/or awkward items;
188.8.131.52. express or urgent deliveries; or
184.108.40.206. bulk or large quantity orders.
14.3.4. You acknowledge and agree that you may incur customs fees should it be delivered to an international address. Customs tariffs are the responsibility of the customer purchasing online.
15. Your Obligations
You covenant and warrant that:
15.1. all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
15.2. the person receiving the Products at the delivery address is authorised by you to do so;
15.3. you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
15.4. you will ensure that your LoginID and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
15.5. you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
15.6. you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
15.7. you are responsible for any costs associated with your access to or use of the Site, including internet access fees;
15.8. you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
15.9. you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site;
15.10. you will check the labels on the Products before consumption or use; and
15.11. you will not:
15.11.1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
15.11.2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
15.11.3. make fraudulent or speculative enquiries, purchases or requests through the Site;
15.11.4. use another person’s details without their permission or impersonate another person when using the Site;
15.11.5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
15.11.6. tamper with or hinder the operation of the Site;
15.11.7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
15.11.8. use any robot, spider, Site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
15.11.9. modify, adapt, translate or reverse engineer any portion of the Site;
15.11.10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
15.11.11. reformat or frame any portion of the web pages that are part of the Site;
15.11.12. create accounts by automated means or under false or fraudulent pretences;
15.11.13. use the Site to violate the security of any computer or other network or engage in illegal conduct;
15.11.14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
15.11.15. use the Site other than in accordance with these terms and conditions; or
15.11.16. attempt any of the above acts or engage or permit another person to do any of the above acts.
16. Warranty and liability
16.1. We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only:
16.1.1. in the case of services, resupply of the services or pay you the cost of resupply; and
16.1.2. in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
16.2. Where we are permitted by law (and subject to clause 16.1):
16.2.1. we do not warrant or represent the suitability of the Site or a Product for any purpose; and
16.2.2. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
16.3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
17.1. Unless you notify us to the contrary by email, telephone within fourteen (14) days of delivery of any Products and such notification is confirmed in writing within seven (7) days of its receipt by us, the Products shall be deemed to have been accepted by you.
17.2. We will accept Product returns and provide you with (at our discretion) a replacement for the Product (subject to availability), refund or repair where:
17.2.1. The Product delivered is faulty or is not of merchantable quality, or
17.2.2. The Product delivered is not fit for its intended purpose, or
17.2.3. The Product delivered does not match the description on the Site.
17.3. If the Product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the Site or covered under a warranty from the manufacturer, then please view our returns link on this Site for information on how to return a Product. You will need to complete a returns form, and provide us with:
17.3.1. your name and contact details;
17.3.2. the order number, invoice number and order date;
17.3.3. details of the problem or the reason for your request to the return the Product;
17.3.4. on some occasions, photograph(s) of Product that is damaged during transportation (if it's required we will advise you which email address to send it to);
17.3.5. details of the Product being returned;
17.4. We will evaluate your return request on receipt of the Product and notify you of the action taken. This includes non-acceptance, request for further information, refund and or exchange of the Product.
17.5. Cost of returns;
17.5.1. Cost of returns is to be paid by the Customer for any Product that is not found to be faulty.
18. Termination and/or suspension of account
18.1 We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions and:
18.1.1 the breach cannot be remedied; or
18.1.2 you fail to the remedy the breach within 10 days of our notice to you of that breach; or
18.1.3 if there is an emergency.
19. Do-It-Yourself and How-To Content
19.1 You acknowledge that the video clips and photographs contained in this Site may depict activities undertaken by qualified and highly trained professionals and/or experts.
19.2 You agree not to attempt to replicate any activities shown on this Site unless you have:
19.2.1 checked the service information and specification for the specific Product, vehicle or system that you are using or working on as the correct method may be different to any generic example shown in this Site;
19.2.2 obtained advice from the relevant qualified experts, tradespeople and/or professionals;
19.2.3 complied with all applicable laws, regulations and by-laws; and
19.2.4 employed safe practices for carrying out the activities.
19.3 The film and text transcript in this webSite are intended to be an information source only. We make no statements, representations or warranties about the accuracy or completeness of the films.
19.4 Subject to applicable laws, we do not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this Site and its contents (including but not limited to the films and the information in any films being inaccurate or incomplete in any way, and for any other reason).
19.5 The films in this Site may be used or reproduced in whole for non-commercial and/or personal use provided that any reProduction is unaltered and that an attribution of the source is included. The film may not be altered, built upon or transformed. All information on this Site is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this webSite are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.
20. Promotional Codes
20.1. From time to time we may release vouchers/promo codes that may be used on the shop. Promotional codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special Terms stated on them - such as a minimum spend requirements, validity periods and brand, product or sale exclusions. Only one promotional code can be used per Order, and some promotional codes may only be used once per promotional code. Promotional codes cannot be used in addition to another promotion codes and do not apply to already discounted items e.g. sale items or product bundles.
20.2. Certain products may be excluded from promotional code promotions, and unless specifically stated are not applicable to shipping costs.
20.3. We will apply promotional codes on a pro-rata basis to voucher-eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a promotional code, we will only refund the final price you paid for that item.
20.4. We actively monitor misuse of promotional codes and reserve the right to deactivate promotional codes or block any person that is not using a voucher in accordance with its Terms.
20.5. Any promotions/offers on the website cannot be used in conjunction with any other discounts.
20.6 Free Shipping Offer
20.5.1. Valid on orders over $120 to any Australian or New Zealand shipping address.
21. Gift With Purchase Offers
From time to time we run “Free Gift” offers and promotions when you purchase qualifying items or place a qualifying order.
21.1. These are the terms and conditions that govern those promotions:
21.1.2. The free gift cannot be substituted for any other item, cash or credit
21.1.3. The free gift is sent with your order.
21.1.4. This offer is only available on orders placed here on website, shop.cricket.com.au
21.1.5. The free gift offer may not be used in conjunction with any other offer or promotion that we run on our website, unless otherwise stated.
21.1.6 Only one free gift per order, per person, per address for the duration of the offer / promotion (If you place more than one order with us in the period the free gift offer is running, you will only receive the gift on your first order), unless otherwise stated.
21.1.7 The free gift will be dispatched with the relevant items from your qualifying order
21.1.8 If a customer wishes to return an order or item which qualified for a gift with purchase, the transaction can only be refunded if the gift with purchase item is also returned.
21.1.9 This promotion or offer is valid within the dates as stated on the relevant page.
21.1.10 In the event of any dispute, the decision of the Official Cricket Shop is final.
We reserve the right to amend these terms and conditions at any time. If we do this we will publish the amended terms and conditions on this page.
22.1. We may offer a personalisation service on specific Products.
22.2. The name and number of your favourite player can be applied to the back of your jersey, or you can create your own personalised name and number set.
22.3. The maximum number of characters that will fit on a jersey is 9 (including spaces)
22.4. Additional fees and charges may apply to personalised Products.
22.5. We are unable to accept returns or exchange items that have undergone personalisation, unless they have been found faulty after detailed examination by our Customer Service Team.
22.6. A sample image of a personalised Product is provided for illustrative purposes only. Actual printing may differ from the generated image. Where possible jerseys may use the current official typeface, however in some cases generic fonts may be used.
22.7. Personalisation of a kids jerseys is available with a name on sizes 8 to 14.
22.8. Personalised Products may take additional time for delivery. Please allow for an extra 10 business days in addition to your chosen delivery time.
23. General provisions
23.1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
23.2. This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
25.1. Capitalised terms used are defined in these terms and conditions. In these terms:
25.2. 'GST' has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth)
25.3. 'Liabilities' means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
25.4. 'LoginID' means the email address that you provided to us as part of the registration process to use the Site.
25.5. 'Product' means each good or service that is advertised on the Site.
25.6. 'Customer' refers to the entity that placed the order on the Site.
26. Promotional T&Cs
26.1. CA Shop Database Launch EDM Terms & Conditions
- Offer starts 12:00pm AEDT Friday 13th November 2020 and runs until 23:59 AEDT Saturday 12th December 2020
- The discount is applied when the coupon code is applied at checkout.
- Valid on any full price merchandise, the discount is not applicable on sale items.
- Cannot be used in conjunction with any other offer or promotional code.
- The promotional code is limited to one time use per customer.
- The refund amount for any returns will match the price at purchase.
- The discount does not apply to shipping costs.
27. Gift Cards
27.1 Conditions for the redemption of gift cards include:
27.1.1 Gift Cards can be redeemed at the checkout or added to your Account. Once redeemed, gift cards cannot be transferred. Gift cards can only be redeemed on the Site in accordance with the special terms stated on them.
27.1.2 Gift cards are valid for 36 months from purchase date. Any unredeemed balance that remains on the Gift Card after the 36 months will be voided and will not be available for use.
27.1.3 The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash at any time. Gift cards cannot be used to buy further gift cards.
27.1.4 If you place an Order less than the value of the gift card, the residual credit will be stored and can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means as gift cards are not able to be topped up.