Terms of Service

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 understanding and compliance.

These terms are always located at https://thenorthpoleshoppe.com.au/terms-of-service/

If a valid Distributor Agreement exists between you and us, those Terms will 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: TearAid Australia and Lupit Pole Australia, 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 accessing thenorthpoleshoppe.com.au or tearaidaustralia.com.au or lupitpole.com.au (the "Websites") or the products or services offered by us (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:

“US” means Australian Private Company, Australian Pole Fitness Studios Pty Ltd trading as: APFS Group, The North Pole Shoppe, TearAid Australia, NPS Online, Ready Money Australia, Lupit Pole Australia.

“Account” means the personalised account created by you on this Website enabling the Order and Supply of Goods and Services.

"Customer Account Group" means the account created by The North Pole Shoppe.

“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, trademarks, 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.

“Websites” means the internet sites located at https://thenorthpoleshoppe.com.au and https://www.tearaidaustralia.com.au and https://www.lupitpole.com.au and operated by us.

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 use 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. We accept 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 websites. Those links are provided for your information and convenience only and may not remain current or be maintained. We will not be responsible for the content or privacy practices associated with any linked websites, other than our own. 

4. Customer Accounts

While browsing on this site you will have access to all products in all product categories i.e. Defence, GofishCam Australia, Lupit Pole Australia, Tear Aid Australia, and Gifts.

4.1 Each of the product categories is a stand-alone Customer Account Group. 

4.1.1 An Account will be created for you AFTER you have placed your FIRST Order for Goods, proceeded to the Checkout, completed the Order Payment, and received your Order Confirmation Number.

4.1.2 Your account may be included in one (or more) of the Customer Account Groups. e.g. If your first purchase included a Tear Aid Repair Kit and a Gofish Underwater Camera, you will be included in the following Customer Account Groups: Tear Aid Australia, and GoFishCam Australia.

4.1.3 Please note that once assigned to a Customer Group Account you will only have access to the product range of that particular group (or groups).  

4.1.4 Additional product groups can be included in your account upon request. Please email us or call 1800 739 933 to request for more groups to be added to your account.

4.2 You warrant that all information and data provided by you to us is accurate and up to date.

4.2.1 You can personally make changes to Billing, Shipping addresses and Contact details by logging into your account, or you can call us on 1800 739 933 and we can update them on your behalf at your request. 

4.3 You must notify us immediately if you become aware of any unauthorised use of your passphrase or of any other security breach relating to your Account.

5. Goods

5.1 We warrant that all goods listed on The North Pole Shoppe and TearAid Australia and Lupit Pole Australia sites are available for purchase as "NEW" (unless otherwise labelled), genuinely labelled and packaged, and free of defects in materials and workmanship.

5.2 We make 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 the same as ours.

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. We reserve 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 modify or cancel orders if any information on the Sites is found to be inaccurate.

6. Pricing, Shipping/Delivery, Voucher, Certificate Offers, Store Credits, and Customer Care Program

6.1 All listed prices are subject to change without notice.

6.2 All listed prices show an inclusive and exclusive tax amount (where taxes are applicable).

6.3 You agree to pay the *shipping/delivery charges specified (if applicable) at the time you submit your Order.

6.4 We may, at our discretion, offer *free freight to Australian addresses across all product groups and customer categories.

6.5 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 the date of order. International orders are subject to customer shipping preferences. Refer to our Shipping Policy for more information.

Please note:

(1) Free shipping/delivery applies to Standard (not Express) Australia Post delivery services only

*Free Shipping 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 us 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 Our way of acknowledging support of our business and our brands is through our association with RewardCamp. Points are issued on the value of each order processed (excluding GST and shipping charges) and transferred to your online account as Store Credit. Store Credits do not accrue interest, nor can they be redeemed for cash. They can be used to discount future orders, providing the order value exceeds 5 times the value of the Store Credit. In other words, a $25.00 Store Credit can be used to discount an order exceeding $125.00 (excluding GST and shipping charges).

6.8 All unpaid orders are purged on the last day of each calendar month. 

7. Orders and Backorders

7.1 You may place an Order by following the instructions on the Websites. Your Order will be submitted to us after you have clicked on the "Check Out” button, proceeded to the "Checkout", and completed your shipping, billing, and payment details. Orders will be deemed to have been received by us at the time you receive an Order Confirmation from The North Pole Shoppe to your nominated e-mail address.

7.2 Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.

7.3 We reserve the right to not accept Orders that request commercial quantities of Goods at wholesale prices without an Agency Agreement. If we are unable to supply your total Order, this Agreement will apply to the supply of all, or part of the Order.

7.4 Inventory Backorders may occur from time to time due to high demand for certain products. You will be notified of backorders and provided with an expected time of delivery. 

7.4.1 We can process the order immediately and the backorder will be shipped out as soon as it arrives in Townsville

7.4.2 We may offer an alternative to the product ordered with equivalent value 

7.4.3 We may offer a refund and notify you when the new stock arrives

7.5 We will do our best to supply Orders placed on The North Pole Shoppe website, however we reserve the right to cancel any Order without notice and for any reason.

7.6 In the event of a cancelled Order, any payments processed by us will be promptly refunded.

7.7 All orders are processed upon receipt and confirmation of payment.

7.8 Customers who wish to cancel an Order must notify us at sales@thenorthpoleshoppe.com.au no later than 2pm on the day the order is placed, quoting the Order Reference Number.

7.9 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. We accept no responsibility under these circumstances. 

8. Paying for Orders

8.1 You can pay for your order by Direct Deposit, Debit Card, Credit Card, PayPal, Apple Pay, Google Pay, or BNPL (Buy Now Pay Later) offered by PayPal, AfterPay, Zip, and LayBuy. 

8.2 Stripe processes all major Debit and Credit Cards. 

8.3 If you choose to pay by Direct Deposit, you will receive a confirmation email for your order which contains our banking details. Your order will be processed when we receive your payment in our bank account.

9. Delivery, Risk and Title of Goods

9.1 We will do our best to have your order delivered to your address within the period specified at the time of placing your Order. However, we will not be liable for any losses suffered or incurred due to delays which are out of our control.

9.2 Property and risk in the Goods passes to you upon delivery of the Goods to your nominated delivery address.

10. Returns

10.1 In accordance with our Return Policy, we 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 our property, our 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 We 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 our reasonable control, including but not limited to acts of God, strikes, lockdowns, 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 our obligations. If the delay persists for such time as could be considered unreasonable, we may, without liability on our 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 unless legally obliged.

14. Indemnity

14.1 You waive, release, discharge and relinquish any and all claims that you now have or may have against us which relate to, arise out of, or are incidental to the use of the Websites.

14.2 You agree to indemnify us 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 us 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 our liability (in negligence or otherwise) is limited (at our option) to the resupply of goods or services, or the cost of having the goods or services supplied again. We 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 our part where and to the extent that applicable law prohibits such exclusion or limitation.

16. Description, Modification and Termination

16.1 We reserve 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, we assume your prior due diligence and you hereby affirm that you do not in any way rely solely on description when entering into the Agreement.

17. Privacy

17.1 Our policy on the collection, use and disclosure of customer personal information is set out in our Privacy & Security Policy.

18. Complaints

18.1 Complaints can be lodged over the phone, by email, or post and will be addressed and responded to in a timely and courteous manner

18.2 If you are not satisfied with the response to a complaint, you can contact the Australian Competition & Consumer Commission (ACCC), or Consumer Affairs in your state.

ACCC

Phone: 1300 302 502

Report a consumer issue with ACCC here.

Report a consumer issue with state and territory Consumer Affairs here.

19. General

19.1 Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforcing of other provisions.

19.2 A failure or delay by us 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 us does not preclude its future exercise or the exercise of any other power or right.

19.3 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.

 

 

 

 

 

Updated as of June 11th 2023