These Terms may be updated from time to time as explained in Section 16.1. We encourage you to refer to these Terms regularly to ensure your compliance. They are always found at https://www.thenorthpoleshoppe.com.au/terms-of-service/
If a valid Agent Agreement exists between you and APFS, those Terms take precedence over these Terms.
The following is the Agreement which applies to your use of web pages, software, networks and processes associated with the Websites, including the purchase of Goods using the online purchase service operated by The North Pole Shoppe. By browsing through the Websites, or opening an Account at The North Pole Shoppe, you agree to the terms of this Agreement..
1. Acceptance of Terms
Please read these Terms of Service ("Terms") carefully before using thenorthpoleshoppe.com.au or tearaidaustralia.com.au (the "Websites") or the products or services offered by APFS (the "Services"). These Terms take effect when you click an I Accept button or check box presented with these Terms, or if earlier, when you use any of the Services or Websites. You represent to us that you are lawfully able to enter into contracts (e.g. you are not a minor). If you are agreeing to these Terms for an entity, such as the entity you work for, you represent to us that you have legal authority to bind that entity.
1.1 In these Terms of Service:
“APFS” means Australia Private Company, Australian Pole Fitness Studios Pty Ltd trading as The North Pole Shoppe, TearAid Australia and NPS Online.
“Account” means the personalised account created by you on this Website enabling the Order and Supply of Goods and Services.
“Agreement” means these terms and conditions, including the terms of any Order placed by you through this Website (if applicable).
“Goods” means any products described in an Order and includes packaging.
“Intellectual property” means all rights in patent, copyright, trade names, trade marks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or capable of being registered).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Websites.
“Order” means a request submitted by you to purchase Goods from The North Pole Shoppe through this Website.
“Restricted Material” means any product displayed for sale on the Website, the sale of which is restricted to persons of a certain age through the Websites.
“Websites” means the internet sites located at https://www.thenorthpoleshoppe.com.au and https://www.tearaidaustralia.com.au and operated by APFS.
1.2 Any reference to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. By default, all references to dollar amounts are references to Australian dollars. International Customers pay in their own currency and are invoiced accordingly.
2. Specific Warnings
2.1 You must ensure that your access to, or use of, the Websites is not illegal or prohibited by laws which apply to you.
2.2 You must take your own precautions to ensure that the process which you employ for accessing the Websites does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. APFS accepts no responsibility for any such damage which may arise in connection with your use of the Websites.
3. Linked Websites
3.1 The Websites may contain links to other web sites. Those links are provided for your information and convenience only and may not remain current or be maintained. APFS will not be responsible for the content or privacy practices associated with any linked web sites.
4. Customer Account
4.1 An Account will be created when you place an Order for Goods through this Website.
4.2 You warrant that all information and data provided by you in the creation of your Account is accurate and up to date.
4.3 You must notify APFS immediately if you become aware of any unauthorised use of your password or of any other security breach relating to your Account.
5.1 APFS warrants that all goods listed on The North Pole Shoppe and TearAid Australia sites and available for purchase as "NEW" (unless otherwise labelled), genuinely labelled and packaged and free of defects in materials and workmanship.
5.1.1 Packaging of goods sold in Sale and Clearance category may be damaged.
5.2 APFS makes every effort to display as accurately as possible the colours of the products that appear on the Sites. However, as the actual colours that you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
5.3 There may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and/or availability. APFS reserves the right, at any time and without prior notice to you, to correct any errors, inaccuracies or omissions and to change or update information or or modify or cancel orders if any information on the Sites is found to be inaccurate.
5.4 You warrant that, if your Order includes Restricted Material, you are eligible to purchase such Goods.
6. Pricing, Shipping/Delivery, Voucher, Certificate Offers and Store Credits
6.1 All listed prices are the Manufacturer's Recommended Retail Price (MSRP), unless otherwise stated.
6.2 All listed prices are subject to change without notice.
6.3 All listed prices show an inclusive and exclusive tax amount (where taxes are applicable).
6.4 You agree to pay the *shipping/delivery charges specified (if applicable) at the time you submit your Order.
6.5 APFS may at its discretion offer *free freight to Australian addresses across all product groups and customer categories.
6.6 All orders are shipped from our Townsville Customer Service Centre and will be delivered within Australia and Tasmania between 3 to 10 working days from date of order. International orders are subject to customer shipping preferences. Refer to our Shipping Policy for more information.
(1) Free shipping/delivery applies to Standard (not Express) Australia Post delivery services only
*Free Freight offer excludes:
(1) Shipping/delivery to locations where a door-to-door service is unavailable
(2) Shipping/delivery to remote locations that require light aircraft or barge delivery
(3) International delivery
6.6 Only invited customers/organisations are eligible for Coupon Offers/In-house Gift Certificates and Store Credits. Only one (1) Coupon/In-house Gift Certificate per customer/organisation. The full amount of the Coupon/Gift Certificate is available up to and including the amount specified. Any amount remaining after a purchase will be forfeit. The Coupon/Gift Certificate is only valid for redemption by purchasing products from APFS sites as designated by the conditions from time to time and which are subject to change without prior notice. Coupons/In-house Gift Certificates and Store Credits are not transferable or redeemable for cash. Coupon/In house Gift Certificate offers and Store Credits cannot be used in conjunction with any other offer and are only redeemable on full price products i.e. discounted products or products subject to promotions from time to time cannot be purchased using Coupons or In house Gift Certificates or Store Credits. Credits to accounts resulting from 'Special' offers or 'New' promotions may result in credits being applied to an account. Such account credits cannot be used with the initial order but will remain in the customer's account pending further orders. Either the full amount or a partial amount of the full credit available may be used at any time after the initial order has been processed for payment.
6.7 All unpaid orders are purged on the last day of each calendar month.
7.1 You may place an Order by following the instructions on the Websites. Your Order will be submitted by completing payment details and pressing the “Proceed To Payment ” button. Orders will be deemed to have been received by APFS at the time The North Pole Shoppe sends an Order confirmation to your nominated e-mail address.
7.2 Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.
7.3 APFS reserves the right to not accept Orders that request commercial quantities of Goods without an Agency Agreement. If APFS is unable to supply your total Order, this Agreement will apply to the supply of all or part of the Order.
7.4 APFS will use its best endeavours to supply Orders placed through the Websites, however APFS reserves the right to cancel any Order without notice and for any reason.
7.5 In the event of a cancelled Order, any payments processed by APFS will be promptly refunded.
7.6 Customers who wish to cancel an Order must notify APFS at firstname.lastname@example.org no later than 9am on the next business day following the date of Order, quoting the Order Reference Number.
7.7 You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Websites may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances APFS accepts no responsibility.
8. Online Payment & NFC Transactions
8.1 You may provide your nominated details during the purchase process described on this Website.
8.2 APFS will process a payment for the Goods (plus any delivery charges) using your nominated Credit Card (Visa/Mastercard/AMEX/Diners) by NFC transaction or PayPal Account or Gift Card. The North Pole Shoppe website is secure and safe and uses a high-tech ordering system.
8.3 You authorise APFS to debit such amount from your nominated Credit Card, Debit Card, PayPal Account or Gift Card.
8.4 If your nominated credit card is declined by your financial institution, APFS will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.
8.5 APFS may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to APFS.
9. Delivery, Risk and Title of Goods
9.1 APFS will use its best endeavours to deliver the Goods to your nominated delivery address within the time period specified at the time of placing your Order. However APFS will not be liable to you or anyone else for any losses suffered or incurred due to delays out of its control.
9.2 Subject to payment, property and risk in the Goods passes to you upon delivery of the Goods to your nominated delivery address.
10.1 Other than in accordance with our Return Policy, APFS will only accept the return of Goods that have been supplied incorrectly, or vary from their description on the invoice.
10.2 If you have a return, please refer to our returns policy for more information.
11. Intellectual Property
11.1 All Intellectual Property in any Material on the Websites is the property of APFS, its suppliers or third party providers. Unless expressly authorised under this Agreement, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material without our written permission.
12. Force Majeure
12.1 APFS shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as could be considered unreasonable, it may, without liability on its part, terminate the Agreement.
13. Relationship of Parties
13.1 Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
14.1 You waive, release, discharge and relinquish any and all claims that you now have or may have against APFS which are connected with, arise out of, relate to or are incidental to the use of the Websites.
14.2 You agree to indemnify APFS and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by APFS arising out of or in connection with this Website by any other person as a result of your, or any person using your passwords:
(a) act or omission;
(b) breach of this Agreement; or
(c) infringement of any Intellectual Property on the Websites.
15. Limitation of Liability
15.1 To the extent permitted by law, all conditions, expressed or implied by law are excluded and the liability of APFS (in negligence or otherwise) is limited (at the option of APFS) to the resupply of goods or services, or the cost of having the goods or services supplied again. APFS shall not be liable for any indirect or consequential loss.
15.2 Nothing in these terms and conditions is intended to limit or exclude any liability on the part of APFS where and to the extent that applicable law prohibits such exclusion or limitation.
16. Description, Modification and Termination
16.1 APFS reserves the right, at any time and in our sole discretion, to modify, suspend, discontinue or terminate the Sites or any service, content, feature, product or price offered through the Sites, with or without prior notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance or termination of the Sites, or any service, content, feature, product or price offered through the Sites.
16.2 Although all due care and consideration is given to describing goods, any description given, implied or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, you hereby affirm that you do not in any way rely solely on description when entering into the Agreement.
17.1 APFS policy on the collection, use and disclosure of customer personal information is set out in our Privacy & Security Policy.
18.1 Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforcing of other provisions.
18.2 A failure or delay by APFS to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by APFS does not preclude its future exercise or the exercise of any other power or right.
18.3 This agreement is governed by and must be construed according to the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts in that State.
Revised June 8th, 2019
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