Terms & Conditions
Welcome to the novaprosports.com.au web site ("Web Site"). This document contains the Terms and Conditions that govern your use of the Web Site. These Terms and Conditions describe your rights and responsibilities and what you can expect from Skylink Company Pty Limited ABN 36 124 421 138 ("Novapro Sports"). We are an Australian Company. Please take a few minutes to review these Terms and Conditions. Your use of the Web Site constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use the Web Site.
Novapro Sports reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use the Web Site, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavor to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
- Placing Orders Through the Web Site
You must be at least 18 years old to place any orders with Novapro Sports. By using the Web Site you acknowledge that you are at least 18 years old.
By purchasing any goods through the Web Site, you make an offer to us to purchase the goods you have selected based on these Terms and Conditions. Information contained on the Web Site constitutes an invitation to treat. No information on the Web Site constitutes an offer by us to sell any goods. Novapro Sports reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. If we are unable to process or accept your order after payment is received we will contact you by email or telephone.
We have done our best to display as accurately as possible the colours of the products shown on the Web Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
- Correction of Errors & Inaccuracies; Limitations on Quantity
Whilst Novapro Sports makes every reasonable effort to present accurate information on the Web Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Web Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in Novapro Sports' discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy below or details on how to obtain a refund.
- Sales of Goods & Delivery
On your request, we will organize for the delivery of your order to your designated delivery address. Our delivery contractors are Australia Post and various couriers. We accept PO boxes.
Unfortunately, due to our contracts with the delivery companies, there are a small proportion of our products that we are unable to deliver to more remote destinations for the displayed delivery charges. In these instances we will let you know which products can’t be delivered to your address and we won’t proceed with processing of your order of that item. We will however arrange to give you a call and if you request it, work out an alternative address or switch to a more bespoke carrier service with the necesary top-up for you. In some cases where your courier shipping charge is extraordinarily large, we reserve the right to contact you to discuss payment of extra shipping charges.
Our default delivery / shipping instruction is given as "Signatory Required" upon delivery, which means that if your address is not attended when your parcel is shipped to you, your item will be resent back to the courier's depot or an Australia Post office for collection depending on the carrier company used. All tracking, collection and re-delivery arrangements must be handled by you as the receiver. First re-deliveries are free, and any extra charges incurred such as for 2nd re-deliveries will not be bourne by Novapro Sports. Thus, you should ensure that your address provided is attended during working hours to avoid re-delivery arrangements. If you would like the item to be left under "Authority to leave" at a safe place at your home unattended, please note this in the comment box upon checkout and that will be arranged for you. For Authority to leave parcels, Novapro Sports will not be responsible for any lost parcels.
Our obligation for delivery ends as soon as the item is collected by our couriers. You will be given a tracking ID to track and manage your order thereafter. We are not responsible for correspondence between receiver and carrier companies after that, nor delays in deliveries caused by carrier companies. It will be your responsibility to track your parcel's arrival to you. Our Estimated Time of Delivery (ETA) are those provided by our courier companies and are not a guarantee of delivery times.
Certain of the products available for sale through the Web Site may not be located at Novapro Sports Australian warehouse. Certain products may be warehoused by the suppliers or manufacturers of those products, including in locations outside Australia.
You agree to indemnify and hold Novapro Sports and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Web Site, any breach by you of these Terms and Conditions and/or any goods purchased by you from Novapro Sports
These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Victoria. Each party submits to the exclusive jurisdiction of the Courts of Victoria. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Novapro Sports. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by Novapro Sports in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars.
- Statutory Conditions & Warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.
- Shipping & Delivery Times
Delivery times are estimated through our experience with the courier companies, always take our estimated time indications with discretion (consider them as a rule of thumb rather than a guarantee). We do not take any responsibility for misreading delivery times or late deliveries because once the courier collects your parcel from us, we cannot control their delivery arrangements.
- Missing or Lost Parcels
We are unable to process claims on missing or lost parcels if you choose Authority To Leave as we have fulfilled our order from our end. We can't guarantee that the driver will specifically follow the delivery instructions for Authority to Leave, although it should be noted that we have reliably used this Authority to Leave instruction with our courier companies without issues.