Terms of Sale
Important Notice:
ASICS Oceania Pty Ltd is the authorized distributor of ASICS products within Australia. We are not able to guarantee the authenticity or warranty of products not distributed by us. For a list of authorized ASICS resellers in Australia, please visit our store locator .
This website (Site) is published and maintained by ASICS Oceania Pty Ltd (ABN 59 003 091 389) located at 6 Darling Street, Marsden Park, New South Wales, 2765 (Company, our, us, we). If you visit and purchase any product offered on the Site, the following terms and conditions (Terms of Sale) will apply to your purchase, so please read them carefully.
These Terms of Sale only apply to the purchase of products offered for sale on this Site (Online Purchase). Separate terms and conditions apply to purchases made in Company owned or run retail stores. Promotions and offers advertised on this Site may not be valid in connection with any purchase made in Company retail stores or elsewhere. Similarly, promotions and offers available in Company retail stores or elsewhere may not be valid in respect of Online Purchases unless expressly stated otherwise in each case.
The Company may amend these Terms of Sale from time to time without notice. It is your responsibility to regularly check these Terms of Sale for any changes made prior to your Online Purchase. Your continued use of the Site or Online Purchase following the posting by us of any version of these Terms of Sale confirms your acceptance of the Terms of Sale and all changes.
Please refer to our separate Terms of Use of the Site and Privacy Policy . If there is any inconsistency between the Terms of Sale and either the Terms of Use or the Privacy Policy, Terms of Sale will prevail to the extent of the inconsistency in respect of Online Purchases.
Placing An Order
To purchase a product, please select a product by placing it in the Site shopping cart. Your selection of a product constitutes an offer by you to the Company to purchase the selected product ("Order"). All orders are subject to acceptance by the Company and are subject to availability. The Company will confirm receipt of the Order by e-mail.
The Company will confirm acceptance of the Order when your payment is received in full as cleared funds by dispatching the products to you and by sending an invoice to you by email confirming that your order has been accepted.
Price
Prices appearing on this site are in Australian dollars and are inclusive of GST (where applicable).
The cost of your Order will be the price of the products ordered on the Site. However, you will be solely liable for all credit card charges, including bank charges on the transaction for each Online Purchase. The Company will add any transaction charges by your financial institution to the payment. Additional costs may apply as outlined in the 'Product Returns' section of these Terms of Use.
At this time the Company offers free delivery for Online Purchases over $99. A shipping fee of $7.99 will be charged for orders $99 and below. The Company reserves the right to charge a delivery fee and will advise you of any such charge before accepting your order. OneASICS Current members will receive free delivery on all orders.
Payment
We only accept Afterpay, Paypal, ApplePay, Zippay, Visa, MasterCard and American Express credit cards issued in Australia as methods of payment for an Online Purchase. If you have placed an online order with an overseas card, your order will be cancelled, and our customer service team will notify you.
You must be 18 years of age or older to make an Online Purchase and you may only use your own credit card.
We use Adyen and Paypal as our payment service to enhance the security of your Online Purchases. Click here to read the PayPal terms and conditions. Click here to read the Adyen terms and conditions.
To pay for an Online Purchase simply complete the requested details when prompted to do so in the "Checkout" section of this Site.
Once your payment has been authorized by your bank, the order will be processed.
You may only make an Online Purchase if you are a resident of Australia. The Company reserves the right to refuse any orders not originating from Australia or any orders placed by Australian credit card holders that are suspected to be made in a fraudulent manner.
Delivery
Online Purchases can only be delivered within mainland Australia and Tasmania.
Our carrier is unable to deliver to post office boxes, parcel lockers, locked bags or the following locations: airports, [ hospitals ] and prisons. Accordingly, any orders for delivery to these places will be rejected and the products not sent or delivered. We reserve the right in our sole discretion to refuse to deliver products to any locations that represent an obvious hazard to the safety of the carrier or to the protection of the products.
ASICS will choose the method of delivery and the carrier or delivery agent.
For each Order you make for an Online Purchase of a product you agree that:
a. the product will be delivered to the address you nominate in your order;
b. you or someone acting on your behalf must be present at the delivery address specified in the Order during normal business hours;
c. if you or your agent are not present when the products are delivered the Company’s delivery agent may take the products to a local delivery depot, including any Australia Post office and you may need to collect the products;
d. the Company is not responsible for products sent to an incorrectly supplied address;
e. the Company is not responsible for products you fail to collect from the Company’s delivery agent or any third party delivery depot, including Australia Post.
If your Order fails to arrive within 5 business days of the date of your Order, please Contact Us in writing. We will investigate your claim and if we are satisfied that the product has not been delivered to your nominated address or to a suitable delivery depot from where you may collect your Online Purchase products, then subject to the other terms and conditions in this Terms of Sale, the Company will send replacement products to satisfy your Order .
You are not entitled to exercise any right of set-off against moneys payable to the Company in respect of your Online Purchase.
Title in the product of an Online Purchase remains with the Company until the Company receives payment in full for the product.
Risk in the product of an Online Purchase passes to you upon delivery of the products to the address you specified in the Order or to a local delivery depot, including Australia Post.
Product Returns
If Company delivers you a product that you consider is not in accordance with your Order please refer to the Online Purchase Returns Policy.
Limited Releases: If a product is an EQL Limited Release it cannot be returned or exchanged unless faulty.
Order Cancellations
Orders accepted by the Company will only be cancelled by the Company in its sole discretion, including the recovery of its reasonable costs for the acceptance of the Order, delivery of the products and its cancellation. You may Contact Us in order to make a request for the cancellation of the Order.
Product Description And Availability
We take all reasonable measures to ensure that details, measurements and descriptions of the products given on this Site are as accurate and complete as possible but there may be variations between these and the products supplied for an Online Purchase. We do not warrant that the product descriptions are complete or error-free.
All products are subject to availability. Products featured on this Site may not be available in the Company’s retail stores and similarly, products featured in the Company’s retail stores or elsewhere may not be available on this Site.
Intellectual Property
All intellectual property rights in the products supplied by means of an Online Purchase are retained by the Company and you are not entitled to reverse engineer or rebrand the product in any way.
Disclaimer
Company gives no warranties of any kind (whether express or implied) in relation to any Online Purchase products. Company acknowledges that the products supplied to you come with guarantees under the Australian Consumer Law that cannot be excluded. Under the Australian Consumer Law you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Company will not be liable for any loss resulting from any action or decision by you in reliance on the PayPal payment method or any other third party security codes used on this Site for your Online Purchase.
Limitation Of Liability
Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any consequential, incidental, indirect, punitive, or special damages that result from an Online Purchase, or the delivery of Online Purchase products, even if the Company or an authorised representative of the Company has been advised of the possibility of such damages. To the extent that the Competition & Consumer Act, 2010 ("Act") including the Australian Consumer Law found in Schedule 2 of the Act does not allow the exclusion or limitation of consequential or incidental damages, the above limitation or exclusion may not fully apply to you.
To the extent permitted by law, the liability of the Company, its officers, employees and agents, for any breach of these Terms of Sale and/or the supply of the Online Purchase products to you, including all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) (Claim) shall not exceed the purchase price of the Online Purchase product(s) you purchased in connection with the Claim.
Termination
The Company reserves the right to terminate any Online Purchase upon notice before delivery of the Online Purchase product. Company will reimburse you the purchase price of the Online Purchase product if Company terminates your Online Purchase.
General Provisions
These Terms of Sale and any additional terms linked and posted on the Site together constitute the entire agreement between the Company and you with respect to your Online Purchase. No waiver of any obligation by the Company will be effective unless in writing and executed by the Company. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Sale, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms of Sale. These Terms of Sale shall be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflicts of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these Terms of Sale. The Company reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce its rights under these Terms of Sale.