Terms of service

OVERVIEW

This website is operated by KF SPORTS Pty Ltd ABN 56 666 714 727. Throughout the site, the terms “we”, “us” and “our” refer to EXTREME SPORTSWEAR. EXTREME SPORTSWEAR offers 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.

Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

(a) By agreeing to these Terms of Service, you represent that you are at least 16 years of age and have given us your consent to allow any of your minor dependents to use this site.

(b) You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

(d) A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

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

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

(c) 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.

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

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

(a) Prices for our products are subject to change without notice.

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

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

SECTION 4 - PRODUCTS OR SERVICES

(a) 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.

(b) We have made every effort to display as accurately as possible the colours and images of our products that appear on the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

(c) 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.

(d) 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.

SECTION 5 - SHIPPING

All orders will be processed and delivered between Monday-Friday, except in cases where there are national holidays. Please be aware that orders placed during national/public holidays may experience longer processing and delivery times.

Orders placed Mon-Fri (excluding public holidays) will be dispatched within 24 hours. Orders placed on the weekend will be dispatched the next business day. Please allow for a minor dispatch delay on launch days and sale days as we work to pick and pack high order volumes.

While we always aim to deliver by the date shown to you at checkout, we’re unable to 100% guarantee that you will receive the order on the date and time selected. Rest assured, we will keep you updated via email on any changes to your ETA.

Upon finalising your order, there will be a number of delivery options to choose from. We know you’re excited to get your latest EXTREME SPORTSWEAR purchase, so we offer you the opportunity to select your preferred method during checkout.

SECTION 6 - REFUNDS & EXCHANGES

On the off chance you’re not in love with your EXTREME SPORTSWEAR pieces, we offer the option to return the item back to us. Your pieces can be returned within 30 days of your delivery date.

Australia

Australian Customers purchasing through www.extremesportswear.com.au are able to return for a refund, store credit or exchange within 30 days of delivery.

Return requirements

In order for your item(s) to be accepted upon return it must meet the following criteria:

must be unworn, unwashed and in the original packaging with tags attached.
must be free of perfume, body odour, deodorant or washing powder.
must be free of make-up, tan marks, glitter and pet hair.

Please note; Returns that do not meet the above requirements will be sent back to you and fees will be recovered.

Please note store credits and gift cards are not refundable and cannot be transferred to cash or refund.

For health & hygiene reasons, products such as socks, jocks, underwear, face masks and drink bottles are not able to be returned.

If any product you have received is damaged or faulty, send us an email at contact@extremesportswear.com.au with your order number along with photos of the fault/ damage so we can sort it ASAP!

Received a gift with purchase? If you return all or part of your order for a refund you will need to send us back the gift in the same condition as above. For any reason the gift isn’t returned we may deduct the full retail cost of the item from your refund.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

(a) 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 judgement, appear to be placed by dealers, resellers or distributors.

(b) 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.

SECTION 8 - OPTIONAL TOOLS

(a) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

(b) You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

(c) Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

(d) We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - MOBILE MESSAGING SERVICE

(a) The EXTREME SPORTSWEAR mobile message service (the "Service") is operated by KF SPORTS Pty Ltd ABN 56 666 714 727.
(b) Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice.

(c) To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

(d) By consenting to our SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of us through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.

(e) Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g. cart reminders).

(f) You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with us. Your participation in this program is completely voluntary.

(g) We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

(h) You may opt-out of the Service at any time. To unsubscribe, click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

(i) If you have subscribed to other EXTREME SPORTSWEAR mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For support or assistance in opting out of messaging from us, please email us at info@extremesportswear.com.au

(j) We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

(k) The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

(l) To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

(m) We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy

SECTION 10 - PROMOTIONS & PRICE MATCHING

PRICE MATCHING

We are not required to offer ‘price matching’ in respect of items appearing on our own Site. For example, if you buy an item that later goes on sale, we do not offer refunds to your original purchase price to discount it to the sale price. This includes where there may be different prices for different colours for the same item on our site.

Pre-Orders

We do our best to ensure that anticipated delivery dates on pre-sale items are accurate. Please however note that delivery times on pre-sale items cannot be guaranteed and EXTREME SPORTSWEAR takes no responsibility in the event that pre-order items are delayed. If you ordered a pre-order item, in addition to other products in stock, you will receive split shipments. Once your pre-order item is ready to be shipped, you will receive an email with your shipping information. The shipping time frame is determined by the option you select at checkout at the time of placing the order.

SECTION 11 - THIRD-PARTY LINKS

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

(b) 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.

(c) 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.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

(a) 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 (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.

(b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

(c) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 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.

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

(a) 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).

(b) 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.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

(a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

(b) We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

(c) You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you

(d) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

(e) In no case shall EXTREME SPORTSWEAR, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless EXTREME SPORTSWEAR 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.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

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

(b) 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.

(c) If in our sole judgement 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).

SECTION 20 - ENTIRE AGREEMENT

(a) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

(b) These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

SECTION 21 - GOVERNING LAW

These Terms and Conditions shall be governed by the laws of New South Wales, Australia and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

EXTREME SPORTSWEAR

KF SPORTS Pty Ltd (ABN 56 666 714 727)

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

Last update: 30/06/2024